Dr. William:

I had Outstanding Researcher I-140 approval and I filed I-485 two months ago. Now I switched to a new employer in same field. My new I-140 is approved with the new employer too, is it possible to substitute this new I-140 to my already-submitted I-485 (sponsored by my old employer)?

In other words, can I substitute the old I-140 from previous employer with a new I-140 with my new employer in I-485 stage (I-485 was filed two months ago with my old employer), or I need to file a new I-485?

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A:

You can replace the previous I-140 approval with the newly approved I-140 for your current I-485 petition. EB1-OR petition is employer dependent, but you want to keep is the I-485 application date. What you should do is to send USCIS a certified letter with return receipt requirement, and include a copy of your new I-140 approval notice for your new employer and your previous I-485 fee receipt notice from USCIS

Also, in your letter, you should let USCIS officer know that you wish to use the newly approved I-140 to replace the old one. Once USCIS receives it and you get return receipt back from USCIS, you may assume that USCIS has been noticed for the change.