Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

EB1A petitioned by employer

My I-140 for EB1A application got approved where petitioner was my employer. Currently I am filing I-485. Now if I want to change employer after receiving my EAD card in 2-3 months, is it possible? Do I need to wait for 180 days (AC-21 portability) after filing I-485 to change my employer. 

3 Responses to EB1A petitioned by employer

  • Tigran Kalaydzhyan says:

    You do not have to wait 180 days from AC-21, since the job offer and labor certification are not required for EB1A. You should, however, make sure that the new job is in the same or similar field that was specified in your I-140.

  • San says:

    But if someone leaves an employer petition Eb1a before 180 days of I 485 and if the employer revokes 1 140 then it could lead to cancellation of greeen card process.

    • Tigran Kalaydzhyan says:

      I am not sure I understood your comment. EB1A is a self-sponsored category and does not need an employment. One is free to leave the current employer at any moment. However, if I-485 got approved, one has to stay a certain period of time in his/her field, but not the same employer.

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