Stranger Danger
Jan 28, 2024
Job change EB1C after 180 days with approved i140
anyone with the experiences.
please share do and don't s
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Chin PJan 28, 2024
@Stranger Danger Short Answer with only i-140 approved (180 days is only to port priority date and other benefits like h1 extensions and h4 ead): for job change to unrelated employer, the eb1c is no longer valid, only thing is you can do is port your priority date based on whatever EB category you apply with new employer.
long answer: (from trackitt)
There are 2 things to note regarding portability of EB1C 140 petitions.
Please remember that the basis for EB1C is for movement of senior management staff between subsidiaries of the same parent company. If you move from one subsidiary to the other, a fresh I-140 needs to be applied since successor-in-interest does not apply to EB1C like it does for other employer sponsored petitions. If you move to an unrelated company your I-140 becomes a useless piece of paper because you don't qualify for EB1C anymore. You may however port your priority date to other 140 petitions you may file. This applies irrespective of whether you are currently in L1 or H1 visa.
Now all of the above changes if you have filed I-485 and it has been 180 days since you filed it. In this case you can freely move to a different company under the precept of AC21 portability clause. You need to file Supplement J either during the interview or before. However, please note that the job profile should be same or similar. You need to ensure that the same SOC code will apply to the new job as well. This job change can be done using the basis of EAD card or via a H1 transfer. If you are moving to an unrelated company, the L1 will not transfer and hence you need to use the EAD for employment authorization and use advance parole for entry. If you are moving within the same parent company even L1 will not change if it was a blanket case. Depending on how it was filed, if the L1 was not a blanket case and was filed with USCIS, you need to amend it again with USCIS.
Stranger DangerJan 29, 2024
@Sunny P what do u mean EB1C no longer valid. i140 is approved and i485 pending since more than 180 days, then I think job change is possible under same soc code with 485j filing from new employer
Stranger DangerJan 29, 2024
@Sunny P based on feedback from other members.
please let me know your thoughts
Chin PJan 29, 2024
@Stranger Danger if you already filed i-485 and it is pending for more than 180 days, sure you can change jobs without issue. if you didnot file i-485 and changed job with only eb1c i-140 approval from past employer to unrelated employer, your priority date can be used but your new employer need to file i-140 again which might not fall under eb1c as they need to satisfy same criterion for eb1c (1 year outside US for the company filing i-140 or its affiliate).
C KJan 30, 2024
isn’t movement post 180 days no longer tied to previous company ? I assume role may have to be similar
