IlAlfie

So we submitted the I-140 and our I-485's etc at the start of March. I-140 was approved after a week. I-485 is, of course, pending. Biometrics are next week.

I had 2 questions: any recent experiences with processing times from Nebraska with EB-2? Immigration attorney indicated that we have a relatively simple case and so (touch wood), isn't expecting any excitement but of course you never know!

And, my partner has been offered an internal move within the company. How long after GC approval do you have to wait in the same job before you can take another? The other department is happy to wait but it'd be good to find out what a realistic wait time is. It's a different job title. Thanks.

ian-mstm

You can leave the same day you get your GC - so long as you don't have a clause in your employment contract that specifies that you must stay with the company for xx amount of time.


Once you have a GC, it doesn't matter who you work for or what your job title.

Ian

IlAlfie

They're happy to wait as it's an internal move but I'm wondering how happy they'll be to wait if we're another 5 months away from getting the GC in our paws! It's something we'd like to do so we'd be disappointed if it didn't go through quickly enough and the opportunity disappeared.

zerlesen

The stated goal is 4 months for I-485 processing. Nebraska claims to be meeting that target. Don't change jobs before the I-485 is adjudicated! (There is such a thing as "I-140 portability" but with any luck your application won't be pending long enough for that to apply.) It is possible - hopefully not likely in your case, but if the new job were to be really dramatically different - for a job change immediately after the GC is approved to cause problems further down the road, so depending on the difference between the two roles (I think the nature of the duties to be performed is more important in this sort of consideration than the actual title) I would maybe be extra cautious and consult a lawyer first.

S Folinsky

Some general comments -- it has long been problematical when a new immigrant leaves the certified job soon after immigrating. When I was in practice, I dealt with several of those situations [which usually came up at time of naturalization].

These cases can be quite fact specific. I think the portability provisions may change the analysis a bit, but not much.

zerlesen

An argument I've seen made - and I have no idea to what extent it would hold up in practice! - is that if the timing is such that the person would be able to port the I-140 if they were still waiting to become a resident, then they should also be allowed to change jobs as a freshly-minted LPR. Otherwise, being made an LPR would result in the person enjoying even less labor mobility than they had while nonresident. Of course this would only apply to switching to jobs in "the same or similar occupational classification", however that is to be interpreted.

Not to derail, but I wonder if Mr Folinsky would be able to offer any more generalities on how these situations can play out. (I am a morbidly curious pre-naturalization EB immigrant.)