My situation:
- I am on an H-1B visa and working at BIG_TECH_CO
- I am in the final stages of my EB-2 green card application process, which is sponsored by BIG_TECH_CO. My I-140 was approved a few months ago, and I-485 is pending. BIG_TECH_CO's immigration lawyers have told me that they believe my priority date will become current in October, when the green card numbers refresh for the government's fiscal year.
- In mid September, my I-485 will have been pending for >6 months.
I would love your help understanding two scenarios. Specifically
- If I were to leave BIG_TECH_CO and join another company in October, would I be able to maintain my green card application according to AC21?
- Same question, but what would it look like to work for my own company instead?
From what I have been able to gather by reading online, I would qualify to transfer employers after six months. However, a few pieces are still unclear to me:
- If I switched employers, my understanding is that I would want to stay on my H1B until the I-485 is approved, to minimize risk in case the I-485 is denied. I assume that would be a fairly seamless process if I were to transfer it to another employer, but would I be able to transfer it to my own company?
- If I pursue a naturalisation application 5 years after the green card is granted, would the government look unfavorably on the fact that I moved employers so soon after the I-485 window has passed? My limited research has raised this as a concern, on the basis that USCIS grants green cards on the assumption that the applicant has the intent to be "permanently employed" by the filing party?
- Is there anything else I'm missing?