battling giants
Jan 29, 2025
please advise - how to prioritize
hello ,
I applied for AOS and EAD concurrently last September (9/11/2024) under EB1C category.
submitted biometrics on Oct 7,24. case remains pending for me both 765 and 485.
my spouse and dependent child however received EAD cards as well as received a confirmation that Their case went to Field office .
My EAD case was transferred to Nebraska , 485 is still at NBC. it has been 4.5 months. is there anything I can do to expedite the case ? I’m trying to leave my employer (on L1 visa) and move to a different one. can anything be done? atleast EAS approval will give me some assurance that there’s nothing wrong with my application .
please advice what can I do - any suggestions are welcome .
#EAD #EB1-C #dependent485 #primary485 #AOS #EmploymentBased #currentPriorityDate
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SA SAJan 29, 2025
you can only change employers if you have an approved I-140 and your I-485 remains pending for more than 180 days as long as the new job is under the same or similar job occupation. you can find on USCIS what do you need to submit to do the change of employers.
SA SAJan 29, 2025
also when they tell you the case is a the field office. they can be wrong about it.
lk sJan 29, 2025
I don't think so you can change your employer now. if you change you might loose your GC. new employer will have to meet the criteria for EB1-C. which means you need to work for at least 1 year out of the US in executive role.
you may correct me if my understanding is wrong
battling giantsJan 29, 2025
thanks @s a and @lk s . I have an approved I-140 and will be exceeding 180 days next month. but my question is does the new employer need show the role is same as EB1C ? how can that be shown as I’m working in US . will I need to leave USA and again spend one year outside of canada ?
SA SAJan 29, 2025
your new employer don’t need to meet any requirements regarding doing business for more than one year etc, your new employer only needs to give you a job on a managerial capacity within the same field
SA SAJan 29, 2025
you don’t need to spend one year outside
dk devJan 29, 2025
@battling giants Before moving to new employer-1) wait to complete 180 days for i140 approval 2) wait for GC based EAD as you are on L1a . As soon as you leave company, l1a visa terminated so wait for EAD 3) From new employer, get offer letter with similar role , try to mention jD in offer letter 4) your i140 already approved do no need to work for at least 1 year outside USA…..this input as per my experience and understanding…….
Sai DevJan 30, 2025
@s a you just need an EAD and you can join after next month. L1 validity is only for current employer. if you are goin as an EM anywhere the job code remains same (its also public infor - mapping of job title to job code can be verified). Make sure new employer can sign 485-j : if not now, then later if and when Uscis send u an RFE during 485 adjudication (Note: this is not employer sponsorship, just a kind of employment verification by employer. You can read more about 485-j)
