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Hello everyone,
Am new to this discussion forum and I have a question for which I havent seen a clearcut answer.
My story so far -
On an O-1 Visa since 2012(extended and changed jobs so have been on more than one O-1)
I-140(EB-1A) was filed in premium with receipt date of May 30 2017 and my employer said they got electronic approval on June 9 2017
I485/765/131 was also concurrently filed for me and dependent spouse who is on a separate H1B. We got receipts for 765/131 but not yet for the I-485
My question -
When can i change jobs?
What I have gathered so far is that EB1A does not need employment offer but employer has petitioned so they may still be able to revoke the I-140. I know for INA 204(j) portability one is required to wait 180 days since I-485 receipt and then submit Supplement J. but the instructions for Supplement J (https://www.uscis.gov/system/files_f...pdf?download=1) says that
"Because these employment-based immigrant visa categories are not tied to a specific job offer, individuals seeking or
granted classification as an alien of extraordinary ability or seeking or granted a National Interest Waiver of the job offer
requirement do not have to file Supplement J when filing Form I-485 or to request job portability under INA section 204(j)."
What this seems to suggest is that i would not need to file supplement J since I-140 is approved but will i still need to wait 180 days on can i do it once EAD comes through in about 3-4 months.
Also as an added detail the planned job change is to a parent company and with the full cooperation of the employer that petitioned for my I-140
I spent a lot of time reading through USCIS and the Immigration and Nationalization Act etc but have no real clarity.
Am new to this discussion forum and I have a question for which I havent seen a clearcut answer.
My story so far -
On an O-1 Visa since 2012(extended and changed jobs so have been on more than one O-1)
I-140(EB-1A) was filed in premium with receipt date of May 30 2017 and my employer said they got electronic approval on June 9 2017
I485/765/131 was also concurrently filed for me and dependent spouse who is on a separate H1B. We got receipts for 765/131 but not yet for the I-485
My question -
When can i change jobs?
What I have gathered so far is that EB1A does not need employment offer but employer has petitioned so they may still be able to revoke the I-140. I know for INA 204(j) portability one is required to wait 180 days since I-485 receipt and then submit Supplement J. but the instructions for Supplement J (https://www.uscis.gov/system/files_f...pdf?download=1) says that
"Because these employment-based immigrant visa categories are not tied to a specific job offer, individuals seeking or
granted classification as an alien of extraordinary ability or seeking or granted a National Interest Waiver of the job offer
requirement do not have to file Supplement J when filing Form I-485 or to request job portability under INA section 204(j)."
What this seems to suggest is that i would not need to file supplement J since I-140 is approved but will i still need to wait 180 days on can i do it once EAD comes through in about 3-4 months.
Also as an added detail the planned job change is to a parent company and with the full cooperation of the employer that petitioned for my I-140
I spent a lot of time reading through USCIS and the Immigration and Nationalization Act etc but have no real clarity.
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