←back to thread

I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

300 points proberts | 2 comments | 14 Mar 25 14:39 UTC | HN request time: 0.605s | source

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
1. asdf_snar ◴[15 Mar 25 15:53 UTC] No.43373305[source]▶
Hi Peter. As always, thanks for doing this.

I am a Canadian currently on an H1B visa, valid until November 2026. I can probably recapture time until early 2027. I just got an EB2-NIW approved, but my priority date is in August 2024, and currently we are serving people in Apr. 2023. It will take at least until next year until I can file my I-485 and get my GC.

I am wondering what my options are in case I need to find a new job. My understanding is that the EB2 doesn't help me much unless I can truly demonstrate that the new job continues to advance the national interest in the same way, and that any deviation from what I wrote in my application is grounds to deny the I-485.

In case I can't find a new job that fits the exact description I have on my EB2-NIW, and I have to move out of the US, can I still file my I-485 once my priority date becomes current (and therefore get a GC)?

replies(1): >>43375710 #
2. proberts ◴[15 Mar 25 22:59 UTC] No.43375710[source]▶
Your understanding about the exact fit between your NIW job and a new job isn't correct. NIWs are not subject to the same portability requirements as PERM-based green card applications. That being said, when you are able to file your I-485 application, you might be asked to demonstrate how your work is serving a national interest, even if this interest is different from the one in the NIW.