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Hi. If EB2 NIW i140 is approved and one works for a US based fintech company. He/She received promotions and now manages a team. He/She did not do so when I140 was approved.

1. Since he/she now performs managerial role, can employer convert to EB1 from EB2 NIW category or are there any conditions that must be met?

2. If a person with EB2 NIW i140 approved changes employer, will the new employer have to transfer the i140? Asking this since NIW i140 is personal petition for beneficiary and not linked to employer. What is required to be done if individual with NIW i140 changes employer?

Many thanks

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1. You can't convert anything. File a new EB1 based petition (or your employer can do that if they sponsor you). Your NIW will remain unaffected by it. You can retain your NIW I-140. 

2. You can change employers but not fields of concentration. When you file the I-485 you'll need to show that you're still in the same field as initially declared on your I-140 NIW form. Yes, as a self-petitioner you're not tied to the employer. You can change as many as you please - or be unemployed - as long as you remain in the same field.  

Edited by natan111

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