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Came across this posting in an immigration web site. Could someone respond with a clarification/confirmation?
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The provision that permits change of job whose EB-485 has been pending over 180 days covers the underlying I-140
petitions of EB-12 (Outstanding Researcher), EB-13 (Multinational Corporate Executive/Manager), EB-2 including National
Interest Waiver, and EB-3. These are petitions covered by Section 204(a)(1)(D) which is cited in this legislation. Therefore,
EB-11 (Extraordinary Worker), EB-4 (Special Immigrant), and EB-5 (Investor Immigrant) are not covered. For instance,
EB-11 can be filed either by oneself or by employer, and if it is filed by the employer, it appears that the approved petition
may not survive if the 485 waiter changes employer pending I-485, even if the I-485 remained unadjudicated for more than
180 days.
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The provision that permits change of job whose EB-485 has been pending over 180 days covers the underlying I-140
petitions of EB-12 (Outstanding Researcher), EB-13 (Multinational Corporate Executive/Manager), EB-2 including National
Interest Waiver, and EB-3. These are petitions covered by Section 204(a)(1)(D) which is cited in this legislation. Therefore,
EB-11 (Extraordinary Worker), EB-4 (Special Immigrant), and EB-5 (Investor Immigrant) are not covered. For instance,
EB-11 can be filed either by oneself or by employer, and if it is filed by the employer, it appears that the approved petition
may not survive if the 485 waiter changes employer pending I-485, even if the I-485 remained unadjudicated for more than
180 days.
