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Published Jan 23,2020 By MG

Hello GCforPhD team,

My I-140 under EB1B category got approved recently, but I am unable to file for I-485 (I am from India and current priority date for filing I-485 is 2017. My priority date is 2019. Seems its highly unlikely that this will change much in coming months). Since EB1B was employer sponsored, I think it will be invalid if I change jobs, correct? I am thinking of filing EB1A using the same application (but with minor changes..such as replacing “outstanding” by “extraordinary” etc…)

The application highlights fulfillment of 4 criteria:
(3) Published material about the alien in professional or major trade publications or other major media; (>20 articles & reviews have highlighted my work)
(4) Participation on a panel or individually as a judge of others’ work in the field or a related field; (Have reviewed ~12 articles for top journals)
(5) Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the
(6) Authorship of scholarly articles in the field in professional or major trade publications or other major media;

I am a research associate in a US lab (with 4 years of postdoc experience in US) but have completed my Phd (& BSc, MSc) from India
I have 20 publications with >700 citations & couple of book chapters. I also have 7 referee letters (from US & other countries) providing proof of my credentials.

Limitations here are : I do not have any publications in last three years. 1 paper is under review while 2 manuscripts are under preparation. Also, most of the referee letters are dated back to 2018-2019.

Could you comment, give suggestions on my case?


Posted in EB1A
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4 years ago

One should consult with a qualified attorney regarding switching jobs after I-140 approval before I-485 was filed. You can ask them the following questions:
1. What is the timeframe within which my employer can revoke approved I-140?
2. Can I switch to a similar job and still file I-485 later?
3. What is considered “similar” in this case? Do I need to have a permanent contract at the new job?

Regarding filing for EB1A, it seems you have a good chance in getting it. If you didn’t publish papers in the past few years, but your work is still highly acclaimed (or even better, being cited more than before), this should not be a problem.
Keep in mind that the priority dates from the visa bulletin for EB1A and EB1B are the same.

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