EB2 - NIW I140 Approved, 485 pending

[pasumartirk]

Dear Members,

 

 - I-140 was self sponsored and approved in Dec 2009, under EB2 - NIW category.  

 - Then current employer filed I-485 based on above approved 140, as it is in pending status, I have EAD issued.  

 - Now I am joining a new employer.

 

Based on the scenario above,

 

Can I join the new employer, just using my EAD?  Even for a NIW I-140, AC 21 portability needs to be filed with Immigration?  If new employer doesn't have experience in these matters, can I send the documents to USCIS directly by myself?   I was the petitioner for my I-140, and my current employer was the petitioner for my 485.

 

Thank you.

[cap-gap]

seriously? you repeately mentioned that your employer filed 485..

 

no employer files 485 for any category,  EB2 NIW or not..

 

in case of EB2 NIW, all that's needed from employer is an offer letter.

 

even after having gone through the entire process, you appear clueless about the process...better hire an attorney..you will screw it up if you handle it yourself..

[JoeF]

seriously? you repeately mentioned that your employer filed 485..

 

no employer files 485 for any category,  EB2 NIW or not..

 

in case of EB2 NIW, all that's needed from employer is an offer letter.

 

even after having gone through the entire process, you appear clueless about the process...better hire an attorney..you will screw it up if you handle it yourself..

 

Actually, for EB2-NIW, nothing at all is needed from any employer.

The I-140 is self-filed, the I-485 is self-filed.

[Belle]

Saying your employer file I-140 NIW and your I-485 is like saying your wife got herself pregnant without your help whatsoever.

[pasumartirk]

Members,  thank you for your kind replies.  Just to follow up, does my new employer have to still file the AC21? or not required for an EB2 NIW?  If the answer is they have to file AC21, does it have to be already filed by the time my date becomes current? what happens if my date becomes current and the portability is not filed by then.

 

Thank you very much.

[pasumartirk]

Also, just to add clarity, I self-filed my NIW I-140, and I-485 was filed by the attorneys retained by my employer for the immigration matters.

[pontevecchio]

Given roughly the same field you need do nothing. Are you telling us in all seriousness that the replies here trump getting a Lawyer onboard?

[Belle]

Attorneys may be paid by your employer, but they are your agents. I.e. they only represent you, not your employer.

[Attorney_6]

The self-sponsored NIW case does not require AC21. The regular NIW (as opposed to the physician-specific NIW) can be self-sponsored based upon the intent to work in the field of expertise.

 

It would be best to make sure that there is a lawyer responsible for the pending I-485 and available to answer additional questions.

[pasumartirk]

Dear members,

 

Thank you all for your insights and suggestions.  I talked to an Attorney specializes in NIW cases.  One point the Attorney is not sure about, and still researching.  I wanted to run it by you:

 

Given that my I-485 is filed and pending, and I am working on EAD only, but Do Not have a valid Non-Immigrant visa (H1B), attorney thinks 485 can be denied based on the fact that there is no valid Non-Immigrant visa. Can you please share your expertise here?  Do I have to have a valid non-immigrant visa status (H1 B in this case) by the time my priority date becomes available?

 

Thank you.

[JoeF]

Dear members,

 

Thank you all for your insights and suggestions.  I talked to an Attorney specializes in NIW cases.  One point the Attorney is not sure about, and still researching.  I wanted to run it by you:

 

Given that my I-485 is filed and pending, and I am working on EAD only, but Do Not have a valid Non-Immigrant visa (H1B), attorney thinks 485 can be denied based on the fact that there is no valid Non-Immigrant visa. Can you please share your expertise here?  Do I have to have a valid non-immigrant visa status (H1 B in this case) by the time my priority date becomes available?

 

Thank you.

 

No, you don't.

You are in valid status based on the pending I-485. That's all that is needed.

The EAD is just for working.

[pasumartirk]

Joe F,

 

Thank you very much.  Also, as AC 21 does not apply and does not need to be filed in this case, Do I need to do anything else at this point as I changed the employer while 485 is in pending status?  Any other document should I send to USCIS / any other agency to convey the change of employer?

 

Thanks a lot again.

[JoeF]

Joe F,

 

Thank you very much.  Also, as AC 21 does not apply and does not need to be filed in this case, Do I need to do anything else at this point as I changed the employer while 485 is in pending status?  Any other document should I send to USCIS / any other agency to convey the change of employer?

 

Thanks a lot again.

 

You don't need to do anything. You can change jobs just fine, without telling USCIS.

[pasumartirk]

Joe,

 

Thank You very much.  

[Belle]

Your attorney is incorrect. You only need to be in status when you file I-485. There is no need to maintain status while I-485 is already pending.