I 485 Pending (EB2 NIW) Job Change

[ksujaya]

I am currently on H1B visa and have an approved I-140 based on EB2 NIW. I have a valid EAD/AP till 05/2013 and valid H1B till June 2013. My Priority Date is November 28 2008.

My current job is in the NIW area (in environmental field). I have worked in this job for the past five years.

(i) If I quit my job at this stage and go back to India for 1 year (my country of citizenship), is there a chance that my I-485 will still be approved so I can come back or will I lose it.

(ii) If I quit my current job and join another one which is not in the NIW area, will that affect my 485 application? I have already worked in my NIW field for the past five years. So can I change jobs to a non-NIW area and still be able to keep my green card if it is approved.

Thanks

[Belle]

Green card is for a future job, so I highly doubt that you will be able to switch to a non-NIW field. You don't have to work a day in that field before getting the green card, but after - that's a different story.

My understanding is that you may travel internationally within the validity of your AP/visa. To maintain I-485 pending, you need to show that you have residence in the US (i.e. have to pay taxes and have an address), and that you have a job in your I-140 profession.

Talk to a good lawyer. This is not a typical case.

[ksujaya]

Thank You very much for the response.