Thanks both, not intending to make a move but was curious / wanted to know my options. Also, it’s correct… it is a EB2 NIW (I-140 approved without PERM) and was petitioned by my employer, you can petition yourself but it’s also in for an employer to petition someone.

Usually, EB2 NIW is a self-petition path as you are basically asking uscis to waive the requirements of a job offer/employer, so don't see what your employer is doing for you.

@John Jones EB2 NIW is a self-petition category of employment based visa! It doesn’t involve any employer. Your point is not clear.

Agreed, it typically is a self petition but it isn’t a requirement for it to be a self petition. I was asking, in my case where I did not self petition, would my EB2 NIW I-140 approval still be valid if I left my employer even with them being the petitioner and me being the beneficiary.

@John Jones I got an RFE and the officer was asking:” According to your resume , you are currently working for XYZ company. There was no evidence submitted indicating why it would be impractical for XYZ to secure a labor certification on your behalf.” Have you received any RFE for something like that? What did you submit to USCIS for waiving the labor certification. thanks!

@Bissie employer has been upfront the entire way, we decided to do an EB2-NIW vs EB2 due to it being a way to expedite the process and bypass the labor cert process, which in hindesight doesn’t really matter now with the ROW PD not being current. We received an RFE and had to demonstrate that it was beneficial to the United States to waive the requirements for labor certification. If you google it, an EB2 NIW petitioned by your employer is possible, unsure why people are stating that I am confusing my application. I have my I-797 in hand that has my employer as the petitioner and me as the Beneficiary and it states on the I-797 ‘section: Indiv w/adv deg or exceptional ability in the national interest, Sec 203 (b)(2)’

I think the OP is correct. the employer can just pay for the attorney and filing fee just like we would do if we self-petition and there is nothing wrong with doing that. In addition, employer can also provide letter of employment with detailed job duties to further strengthen the case.

It is possible that the employer submit NIW on behalf of you but, you have to provide an evidence that waiving the labor certificate is beneficial to the US. I do not see confusion.

@John Jones 1. Yes, you can. If you leave the country you'll file DS-260 not I-485 and it'll be totally different process. but you definitely can choose this way. my concern is you stated that you're going to work for your current employer and bring benefits to the US I wonder if this is questioned during your citizenship application. 2. IMO probably in 6-9 months or more PD June 2023 will be able to file I-485.

As per your no. 2 question, just as @N F has put it, no one exactly knows how progressive or retrogressive the visa bulletin will go as it is currently moving very slowly. However, 6-9 months is a pretty fair time estimate for your PD to file 485. I am March 2023 PD myself and I got someone saying in another 4 months, I should be eligible to file 485. It's quite dicey now particularly for those on very time limited status who run risk of going out-of-status. May the odds be in our favor

@FlyHigh ❤️ @N F thank you both!