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Switch Jobs After Approved I140 EB1-A

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  • Switch Jobs After Approved I140 EB1-A

    Hi,

    I have a approved I140 for EB1-A with Aug 2017 priority date. Given the current delays i cannot file I-485. I am on a O1-A valid till 2022. I am on a O1-A valid till 2022. Its been more than 180 days since my EB1-A I140 was approved. It was approved in Feb 2019 and i retained a EB2 priority date from Aug 2017.

    Can/should I switch jobs?
    Will the same priority date and Eb1-A category stay valid if I switch?
    What would the other company have to do for me to maintain same priority date and Eb1-A category?

    If i keep working part time for my current company, does that harm or help?

    Thanks!
    Last edited by thedoctor10; 09-25-2019, 02:15 PM.

  • #2
    (1) Unlike other EBs, EB1A is self-petitioned i.e., not sponsored by any employer. So you are not tied to an employer, to begin with.
    (2) You will retain your PD as long as you are working in the same field as the one in the petition.
    (3) See (1) above.
    (4) Does not matter, see (1) above.

    Now if it is EB1B then it is an altogether different issue. From your questions it appears like your company petitioned for you under EB1B, and it was not a self petition under EB1A.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      (1) Unlike other EBs, EB1A is self-petitioned i.e., not sponsored by any employer. So you are not tied to an employer, to begin with.
      (2) You will retain your PD as long as you are working in the same field as the one in the petition.
      (3) See (1) above.
      (4) Does not matter, see (1) above.

      Now if it is EB1B then it is an altogether different issue. From your questions it appears like your company petitioned for you under EB1B, and it was not a self petition under EB1A.
      It is EB1A but my employer was the one who filed it. The point of "critical role in a distinguished organization" was also satisfied with them. I am aware that you do not need a sponsor for eb1a but u can have one, which i did.

      Comment

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