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  • EB1C Change of Job question

    Hi
    I concurrently filed EB1C (I-140, I-485, I-765 and I-131 in May 2021. I am on L1A. My I-140 is currently pending. I finished my biometrics and got a courtesy letter for I-693. Hypothetically if my I-140 will be approved in May 2022, how long should i wait to change my job.
    In many forums, I heard that i need to wait for I-140 approval + 6 months after I-485 filed. So, this means i can change my job immediately after I-140 approved. But I am not sure how this process works with EB1C. Let us say if mu I-140 is approved after 6 months of concurrent filing, can i change my job immediately?

    Thanks


  • #2
    To my knowledge, there is no minimum after I-140 to switch, the 6 month wait is only for the AOS. You should be able to switch on 140 approval and your AOS will have been pending for >6 months by then anyway

    PS - Texas or Nebraska? How long did it take for biometrics? I'm in the same boat as you but still waiting on receipt notice

    Also, have your 131/765 been approved yet?

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    • #3
      My 131/765 not approved yet. It is Nebraska.
      Receipt notices took 4 weeks. I filed in May and finished by biometrics in August.

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      • #4
        There is no mandatory time period you need to be employed with the petitioner post I140 approval. Having said that, the expectation at the time of filing the I140 is that the employer as well as the employee have a genuine belief to be employed. Now, clearly the idea that you are considering a change in employer defies that expectation. Especially since EB1C is explicitly for internal transfer of expat managers in MNCs, this is clearly against the whole idea of EB1C. It is true that several people game the system in this way. However, whether USCIS considers it to be so or not is very much dependent on the adjudicating officer, and hence you can easily get an unfavorable decision in your case. So bear in mind when you consider the employer change.
        Just an opinion; Not legal advice.

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        • #5
          Thanks scientist2016 for the details.
          Just to elaborate more, my question is mostly around unfavorable situations like job loss due to compnany's financial situation or extreme weather conditions for the family (in the state where the primary applicant is employed). From your response, I also understand that it is dependent on adjudicating officer but do you think is there is legal provision to support the applicant in such situations. Sorry, if i am asking too much on this thread. Trying my luck to get some information based on the experience of the forum participants.



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