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Just had I485 approved, no greencard yet, EB1 EA (employer filed) category, can I change employer immediately as Extr. Ab alien?

Houston, TX |
Filed under: Immigration

I have a job offer from another employer and have today received I485 approval notice for my EB1 Etraordinary Ability Alien greencard application. I already have EAD card and would like to move job immediately. Is there any risk now the I485 has been approved?

It was employer filed (this was optional at the time of filing - i.e I was offered the self-filing option but decided to let company attorneys file for me) but I will be remaining in the field of expertise for which I've been recongnised as Extraordinary Ability Alien. Does the status EB1 EA not render the employer irrelevant, especially once I485 approval is received? Is 60 days an arbitrary time-line or do you have examples of this being accepted precedent? Thanks.

Attorney Answers 3


If you self-petitioned, there is no obligation for you to stay at your present job.

Please see

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Whoops - I see that your employer sponsored you. I would recommend that you continue with your present employment for at least 60 days to avoid immigration problems in the future.

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Extraordinary Ability requires no employer to file on yur behalf. Despite this, an alien has to have had the intention to remain in the field of endeavor for which they sought extraordinary ability classification. Thus, if you change jobs, it should be to one in the field of endeavor. I do beleive there is some confusion as to whether your employer filed the extraordinary ability petition or if you self-filed. Who signed the I-140? If the I-485 has been approved, you should expect your lawful permanent resident card to arrive in approximately 2 to 4 weeks.

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