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)?
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.
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)?