EB2 NIW - Employer Sponsored - Can I change jobs within the field


gangula_s

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Hello group,

 

I have done quite a bit of reading online and on this forum and got conflicting messages on EB2 NIW "Employer sponsored" versus "self sponsored".

 

The majority of the opinion is that "EB2 - NIW" does not matter with who is filing as it is approved on national interest basis and does not require PERM. It is rare but in my case (of approved EB2 NIW) the Petitioner is my Employer (state government); and Beneficiary: Employee (myself). PD Date is Sept 2011 and I am from India.

 

The main questions are

 

1) Can I change jobs with the same employer and take a promotion?

 

2) Can I change job to other employer - if so will my EB2 NIW still hold good?

 

3) If I am laid off and my employer does not retract the I-140 am I still be eligible for the green card process on EB2 NIW.

 

4) Can my employer retract the I-140 without my consent as it was filed by them and me as beneficiary?

 

Here is the posting that I found contradicting the other posts (http://www.************.com/)

"Should one change jobs during the NIW application process, in case of self petition, your matter will remain unaffected. But if a beneficiary was sponsored by an employer, then it is likely the petition process would have to be restarted."

 

Greatly appreciate insight on these matters. Thanks.

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