I-140 (EB1-EA) approved. I-485 in process. Switching job.

[aspire_gc]

My situation:
I-140 approved under EB1-EA on Jan 23,2013
I-485 filed at Texas service center for my wife and I in week of Feb 25

I am based out of Dallas, TX.
Few weeks back, I interviewed with a firm in California and got a job offer from them. I have not accepted the offer yet.
I am not able to make a informed decision if I should move from Texas to California for job while my wife continues with her MBA at Dallas. I am concerned about impact on I-485 process that just got started.

It will be very helpful if board can advice me. Here are some questions I have in my mind:

- Should I wait for EAD/GC and then switch job?
- If I switch, can my wife and I be in different cities (She-Dallas, TX; I - Santa Clara, CA) during I-485 process?
- If I switch, what paperwork I need to send to USCIS?
- If I switch, will my case move to some other service center (Currently it is filed at Texas service center)? If so, where?
- If I switch, will my wife's case continue at Texas service center or will it move to same service center as mine?
- Finally, Am I risking my GC by switching jobs during I-485?

I really appreciate your inputs.

Thank you in advance.

[zoom123]

- Should I wait for EAD/GC and then switch job? - YES

- If I switch, can my wife and I be in different cities (She-Dallas, TX; I - Santa Clara, CA) during I-485 process? NO It depends

- If I switch, what paperwork I need to send to USCIS? - NO

- If I switch, will my case move to some other service center (Currently it is filed at Texas service center)? If so, where? - NO
- Should I wait for EAD/GC and then switch job? YES
- If I switch, can my wife and I be in different cities (She-Dallas, TX; I - Santa Clara, CA) during I-485 process? NO - BUT IT DEPENDS

?
- If I switch, will my wife's case continue at Texas service center or will it move to same service center as mine? YOU DON'T HAVE CHOICE
- Finally, Am I risking my GC by switching jobs during I-485? YES

WHAT ABOUT YOUR CURRENT EMPLOYER AND WHAT IS YOUR CURRENT VISA STATUS.

[aspire_gc]

Last week I received a letter regarding biometrics appointment at USCIS ASC center at Dallas. I did a walk in to ASC center and got biometrics done for both my wife and I.

I am currently on H1b and visa is valid till Oct'2014. My Eb1-EA is self filed and self-funded. Employer is engaged in no way in my petition.

I am planning to take following course of action per advice of my attorney, but I would like a second opinion via this forum.

-Wait till EAD comes and then ask new employer to initiate H1b transfer
-On successful H1b transfer, quit current employer and join new employer in California
-Will not be sending change of address to USCIS as current address (@Dallas, TX) is still valid. My wife will continue to stay at Dallas till end of yr

Although my attorney advised that new employer can initiate H1b transfer while I wait for EAD, but I am risk averse and do not want to send any new info to USCIS till EAD is in my hand.

I would like to hear what are your thoughts on this plan.

Thank you in advance.

[aspire_gc]

@zoom

Can you give specifics from your perspective what will happen if things go south? Such as..
i-485 processing delay? or USCIS asks for evidence from new employer? or even worse I-140 cancellation?

Just want to understand what I am risking..

[zoom123]

Yes, Your attorney is right.
You will get soon EAD (After biometric aprox. 4 to 5 weeks or sooner). Once you get EAD, on the basis of EAD you can change the JOB.
Then you can request your new employer to initiate H1 transfer.
After getting EAD you no need H1 but in case something goes wrong( Gets interview for I-485 and the IO is not satisfied with your documents, or USCIS need more info regarding your EB1 eligibility (keep in mind USCIS can ask any thing any time if they get any flag or some bad IO checks your file).
Don't worry you are 90% Ok. ( Mostly cases in my knowledge with EB1 gets no interview and within 8 to 10 Months)
You can go and work in CA, if your wife still stay in Dallas, don't initiate any change of address. She will gets the information/letters from USCIS and she can just scan you.
IF you gets interview then come and attend.

Don't worry, and congrats for the new job. ( If your new employer waits for at-least one more month then you will get EAD)

[aspire_gc]

Thanks, zoom. Appreciate your inputs.

Quick question on one of your comments - After having approved EB1EA I-140, can USCIS open the case and ask for more supporting documents?

I have never come across such a case or read in online discussion forum. By any chance can you share any such discussion thread?

[zoom123]

If you get an interview, the IO can ask you to show all the documents. Your I-485 is based on I-140.
USCIS have right to investigate any thing. (Like in marriage based AOS USCIS officers can visit home after GC is issued)

I will let you know any such cases with EB-1 based. (This happened with all category EB2, EB3 and other cases USCIS revoke the I-140 approval)

Best of Luck