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AndroAsc

EB2-NIW can't change job after GC approval?

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I currently have an attorney from my workplace that is helping me file for a GC through EB2-NIW. It has been almost a year since I-140 was filed. I am filing I-485 soon. I expect the entire I-485 adjustments to take a long time, maybe until 2018.

I have been advised by the attorney that after GC approval I should not change jobs, because it will be constitute as fraud as I petitioned by EB2-NIW based on the fact that I am a R&D scientist. However, job prospects are really poor, and I plan to move to do R&D in IT/Tech by 2018.

Will there be any issues of changing fields immediately after getting EB2-NIW approved, considering it will take 2+ years since I first filed?

If yes, can this be mitigated? Right now at my job, I am doing work that moves to closer to IT/Tech, and I can "demonstrate" how my work has "naturally" and progressively changed to be more IT/Tech relevant over time. Will that help?

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With a NIW, you have to stay in the same field of work. You can change jobs just fine, because with the NIW, there is no LC, i.e., no sponsorship from an employer.

You may want to get another lawyer, because that lawyer you have doesn't seem to know much about NIW. Get a lawyer with experience in NIW.

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Your mistake was using your work place lawyer. HELP yourself and get a second opinion about the whole matter with the firm of Murthy. Are you sure he is a lawyer and not a paralegal? NIW pretty much gives you a big canvas for the future.

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I second the opinions of JoeF and Ponte. For what it is worth: I petitioned in NIW and changed jobs while my I-140 was pending. Got approval and then filed for I-485. Had no issues with GC. No issues with citizenship as well.

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