NIW EB2 I-140 - Employer as petitioner - Does the I140 belong to the employer

Hi All,

I hold an approved NIW (National Interest Waiver) I140, which was approved more than 180 days ago, in my case, my employer is the petitioner, I am the beneficiary. (Note: NIW I-140 has the option of self-petition).

Is my NIW I-140 valid only with the current employer who is the petitioner?
or is it tied to me similar to a self petitioned NIW I140?

Overall, I would like to learn am I independent to switch jobs using the existing approved NIW EB2 I140, even though my employer is the petitioner.

Your help is appreciated. Thank you.

My understanding is that unless it is a self-petitioned NIW I-140, it is employer specific.

Are you going to use AC21 for extension when you change the job? Assuming you will be in same job profile with the new employer, yes you can do so but your new employer will need to restart your GC process if you are not going to file self-petitioned after the change of employer. You may be able to port the PD for I-140.

Thank you Kalpesh.

I would use AC21 because it would help me to port the priority date.

Is there any option I can make the existing NIW I140 self-petitioned now?

I don’t think so but you can consult your immigration lawyer.

Thank you for sharing your knowledge.