1. A request for porting is conditioned upon the I-140 petition being approved and 180 days have passed
A reader asks:
I applied for a professional-based visa to avoid the EB-3 visa because Schedule B is open. I submitted my I-485 and all the necessary documents (including the medical examination report) in early October. However, the Schedule A is still four to five months away. I got my fingerprints taken in early November and quickly received my Combo card. I’m now looking to change jobs after Christmas. I heard there’s a 180-day rule, meaning I have to wait 180 days after submitting my I-485 before I can change jobs. Can I change jobs without waiting 180 days in my current situation? Will the USCIS ask for a paycheck to verify that I’ve been with the company for 180 days since submitting my I-485?
Alan Lee Esq. answers:
Changing jobs now instead of waiting for 180 days brings risk. Your new employer may, by company policy, disclose your start date. A request for porting is conditioned upon the I-140 petition being approved and 180 days passing before changing over to the new employer. There is a possibility that USCIS will not notice and approve the porting under the scenario that you present, but we do not recommend it. USCIS to our knowledge does not normally require payslips in a porting situation.
2. The criteria for NIW is that the person’s proposed endeavor has both substantial merit and national importance
A reader asks:
In June 2024, I filed my NIW I-140 in the US. After graduation, I applied for jobs everywhere, but only received an offer from one company in China. If I return to China to work, will this affect my future I-485 application?
Alan Lee Esq. answers:
The criteria for NIW (National Interest Waiver) is that the person’s proposed endeavor has both substantial merit and national importance; the person is well-positioned to advance the proposed endeavor: an on balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirement. Since the purpose of NIW is to benefit the United States, you may run into questions on a future I-485 application where your working history does not appear to align with the promises that you are making to this country.