Company Sponsored NIW

[nandin]

Hi Users,

My employer filed for a "company-sponsored" NIW, essentially meaning the employer is the petitioner and I am the beneficiary. I have two questions and was wondering if someone can help:

1. Once my company sponsored NIW is approved, do I have to stay with the employer for 180 days before changing jobs or that rule is not applicable for NON PERM I-140 and I am free to move right after the I-140 is approved?

2. The company lawyers filed my NIW specifically in one industry based on my research experience and national importance of this field. Is it possible that I can use that I-140 to work for a different industry but when I am ready to file for I-485 (Green card) I switch my industry back to original industry with the same job duty as was initially on NIW?

TIA.

[scientist2016]

1. There is no such thing as a 180 day rule. USCIS expects that the EB petitions be filed in good faith i.e., the employer genuinely wishes to employ the beneficiary, and the beneficiary genuinely wishes to work for the employer in the petitioned position. So, if the beneficiary changes jobs immediately after the I140 approval, it brings in to question the genuineness of the petition, and hence people usually work for a while after the approval. Now for how long that should be is up to you. But there is no official rule.

[nandin]

Hi Scientist2016 - 180 day rule is "Employer cannot revoke your I140 after 180 days from approval" ... It does not matter if you work for him or if you change your job, that employer cannot revoke your I140.

So my question is that is the same rule valid for NIW as well?

[scientist2016]

Hi Scientist2016 - 180 day rule is "Employer cannot revoke your I140 after 180 days from approval" ... It does not matter if you work for him or if you change your job, that employer cannot revoke your I140.

So my question is that is the same rule valid for NIW as well?

Ok now I get your question, and the answer is Yes.