And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. You can change your employer right after your I-140 got approved with current employer, but here is the point i suggest you to be with current employer for 180 days after your approval with them. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. The first thing is to determine if your job is in the national interest. What is Temporary Protected Status (TPS)? The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. USCIS and DOL treat each petition individually, which means one can submit multiple petitions under various categories simultaneously and the decision on one petition will not affect the other. You can switch to any career of your choice as long as you can provide convincing evidence to prove that what you are doing is benefiting the U.S. economy or general well-being. There have been USCIS memos clarifying many details, as well as many cases through which we have gained valuable insight into the USCISs interpretations and applications of AC21. If you request to change jobs or employers under INA 204(j) while your Form I-140 is pending, we must approve your Form I-140 before we may approve your portability request. To get in touch with one of VisaNation Law Groups lawyers, you can fill out this simple contact form and schedule your comprehensive consultation today. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. Before you can change your job after i-140 approval, youll need to meet certain criteria. It is therefore the day that the case actually was received by the USCIS that governs; not the date that the USCIS generated the receipt notice. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. The I-140 must remain intact until the I-485 reaches the 180-day point. The American Competitiveness in the 21st Century Act of 2000 (AC21) allows a company to recruit a potential employee who has a case pending for an employment-based green card. Occupational Classification is determined by the Department of Labor. Applications are pending from the time they are filed with the USCIS. The Herman Legal Group has over 25 years of experience working with the U.S. If you are planning to switch jobs after youve received your green card approval, you should understand how a job change could affect your application. Yes, you may change employers after your NIW has been approved. The USCIS, however, has mentioned that a great variation in salary or pay could indicate that the job duties are not similar and this could pose a potential problem in some cases. You may also file. An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. Do I need to have a Ph.D. to qualify for NIW? This is where the 180-day window after I-140 approval can become important. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. Since 2005, she has partnered with HR professionals to help their businesses secure work authorization for their valued foreign national employees, including F-1 students. How do I exercise the portability provisions? An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. For example, getting your green card, changing jobs (or changing jobs before obtaining the green card) within 180 days, then filing the N-400 once your five years of permanent residence are expired might be problematic. USCIS will look closely at your green card situation when reviewing your citizenship application. Changing Jobs After National Interest Waiver Approval. However, by following the steps of green card portability, you will not have to start the process from scratch. USCIS officers are instructed to consider additional factors, such as: The duties of both positions Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? The most recent set of criteria are: You must show that your enterprise will have a positive impact on the U.S. economy, workforce, society, or infrastructure. In any case, you should consult a green card attorney in these types of dilemmas. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. No, it is not mandatory to have a Ph.D. Yes, that does, which means you may qualify for an EB-2 visa. As discussed above, if the petitioning employer withdraws the I-140 within fewer than 180 days of approval, that revoked I-140 petition cannot be the basis to extend H1B status beyond the standard 6-year maximum timeframe that is permitted under the law. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. I-140 petition is for a future job with Employer A and hence, unless I-140 is explicitly revoked by your Employer A (current employer), the petition remains valid and will reach a decision stage someday. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. Unlike the H1-B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. You could potentially save yourself years of waiting time. If you can afford it, you can file as many petitions as you want. However, if the I-140 is still pending, you can only request a one-year H-1B extension, provided your PERM has been filed for at least 365 days. Who is Eligible for Withholding of Removal? This is why you must be sure to do your due diligence and let your case strike the right balance. 47-[2]022: The third digit, 2 represents the minor group, which includes all construction trade workers. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. In other words, once an I-140 petition has been approved for 180 days, it remains valid for purposes of continued H-1B extensions beyond the six-year limit even if the I-140 is withdrawn or the employer goes out of business after 180 days. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. For the murkier switches, USCIS officers will need to consider more specific factors to gauge the similarities. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. Some employers may experience the loss of valuable employees; other employers, perhaps offering better employment terms and conditions, may find that they are able to hire needed foreign workers without having to sponsor their green cards. Remember that an I-140 approval does not automatically guarantee your green card. The employer can always withdraw or request to revoke the I-140 petition. The I-140 immigrant petition filed by the U.S. employer for an employee is the second major stage in a 3-step process for the employee / beneficiary to obtain a green card through a PERM labor certification case. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Moving from one employer to another in the best of circumstances can be stressful. Even if the petitioner withdrew the I-140, you could still use it for an EAD as long as USCIS has not revoked it for misrepresentation or fraud. . Check the BLS website to learn where in this classification system you fit. In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. I-140, Immigrant Petition for Alien Workers. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. Our immigration attorneys are often asked a lot of questions about this topic. For those who have obtained an approved I-140 petition through employer-sponsorship, job changes can still be accomplished even if an I-485 application has not yet been filed due to lack of available immigrant visas or green cards based on the employee's country of birth, priority date, and preference category. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. However, if USCIS revokes the petition, you will no longer be allowed to leverage it to request an H-1B status extension beyond the standard maximum of six years. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. 2. Our attorneys will be able to advise you on what steps you need to take and ensure that your application is processed as quickly as possible. It was a future job offer. The new job must be in the same or similar occupational field as the previous job in the original I-140 petition, and the employer must have the actual intent to employ the beneficiary after their adjustment of status is completed. 2023 VisaNation, Inc. All Rights Reserved. a green card) with the petitioning employer. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. AC21 does not contain any limitations regarding multiple job changes. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. While it is not impossible, there are few people who would be able to convince the USCIS of their ability to develop enterprises in different fields that will have a substantial positive impact on the U.S. Yes, you may use the approved I-140 petition to request an H-1B extension and/or change of employer as long as the I-140 remains valid. It is typically between 3 to 9 months. The USCIS Policy Manual [7 USCIS-PM E.5] indicates that USCIS may consider the wages offered for the original position and the new position when determining whether the two positions meet the requirements for job portability. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. Withdrawal/Revocation of I-140 If an I-140 is withdrawn or revoked before 180 days, then the I-140 petition is no longer valid and cannot be ported to a new employer, even after 180 days under the AC-21 rule. 500, Falls Church, VA 22041, Deferred Action for Childhood Arrivals (for DREAMers), Effect of a Grant of Asylum or Withholding of Removal, I-601A, Application for Provisional Unlawful Presence Waiver, Minor Children Applying for Asylum by Themselves, Obtaining an Employment Authorization Document After an Asylum Application, Procedure for Filing for Asylum or Withholding of Removal, The Two Paths to Obtaining Asylum in the United States. Although the NIW requirements, as in the. Assist in testing assembled vessels. What is USCIS two-part evaluation for an NIW petition? My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. USCIS takes into consideration factors such as normal raises that occur over time to account for inflation or promotion, the fact that the two positions might be located in different geographic locations or economic sectors, possible corporate mergers that could affect compensation structures, as well as moving from a for-profit to a non-profit employer (or moving from a non-profit to a for-profit employer). Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Thus, filing a case as a future job offer, without working for the sponsor, then using AC21 to move to an alternative position, can raise questions of intent and potential fraud or misrepresentation. Trackitt PermPerm processing time for 2022. Know the rules about green card portability before you change jobs. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. If, however, the USCIS revoked the I-140 petition due to fraud, misrepresentation, or a material error in the approval, the USCIS will not honor the request for priority date retention. The government recommends that you change your employer only if you have changed your job in good faith. together with your I-485. The team is friendly, professional, and wants to help. Many employers do not withdraw I-140s upon employment termination. How Do I, the Employer, Examine Documents? However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with proving that your new occupation is in the national interest. Q. I lost my job before the I-485 had been pending 180 days. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. FAQ in detail. You must be able to convince the USCIS that the United States would stand to benefit from waiving the PERM requirement as opposed to enforcing it. Answer 2. These promotions or job changes can be used to continue the same green card case under AC21, as long as the new job meets the same or similar job classification requirement. It is important to note that physicians must work in their field in an underserved area for the first five years of their stay under EB-2 status in order to qualify for an NIW. Generally, it is a good idea to wait until obtaining a green card before changing employers. Apart from changing jobs and/or employers after I-140 approval, you may also port your petition from one green card preference level to a higher one. No occupation will be assigned to more than one category with six digits. However, the job description for a boilermaker is significantly different from that of stonemason: Construct, assemble, maintain, and repair stationary steam boilers and boiler house auxiliaries. A job change, however, may not always disrupt the I-140 process. 1. In reviewing two positions within the same broad occupational classification, USCIS will consider factors such as the similarity of the duties, experience, or areas of study associated with each position. You must keep your I-140 and other approval notices in a safe place. Job change After i-140 Approval: Green Card Portability If you have received your I-140 approval and are planning to change jobs, you will need to prepare a new labor certification and I-140 petition. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. The original I-140 would have identified an SOC code for your first job offer, and USCIS officers will compare that SOC code to the SOC code for your new job offer. method to determine whether the evidence submitted by an NIW petitioner establishes that the proposed endeavor will be national in scope and whether the national interest will be adversely affected if a Labor Certification were required. First, USCIS will evaluate the submitted evidence to decide which evidence meets the required regulatory criteria. What are the Pros and Cons of E-Verify Registration? The length of the extension will depend on the status of the I-140 petition. We have the tools and resources needed to help you find a solution. This is more common and advantageous for applicants pursuing the EB-3 green card, as they can leverage the provision to upgrade to an EB-2 green card. This extended duration of the I-485 pending period increases the chances that individuals may want or need to undergo more than one job change. However, USCIS will not necessarily conclude that the two positions are the same or similar based solely on whether the wages are the same or not. First, you must notify the USCIS if you have changed your employer. Looking for U.S. government information and services? In other words, how you present or argue your case. The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few essential provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. AC21 is a law that does not have regulations implementing its provisions. Can I change jobs more than once using AC21? The priority date is the date the PERM labor certification is filed, or for schedule A workers, the date the I-140 petition is filed. If you are an employee hoping to use AC21 to change jobs, or you are an employer hoping to hire someone with a pending employment-based green card application, Yekrangi & Associates is ready to assist. In order to understand the ins and outs of the National Interest Waiver (NIW), we must first take a look at the reason for applying for one in the first place. Can My Spouse Apply for H-4 EAD With the Approved I-140? You can include information related to your educational background/skills, stories of success in your field, a plan of action for your endeavor, records showing past accomplishments, the interest of shareholders/customers/stakeholders, etc. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. If you have a pending Form I-485, Application to Register Permanent Residence or Adjust Status based on employment, you may be able to change the job or employer on which your Form I-140, Immigrant Petition for Alien Worker, is based as long as the new job offer is in the same or a similar occupational classification as the job offer for which the Form I-140 petition was filed. Seesection 204(j) of the Immigration and Nationality Act (INA), which was enacted from section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), for more information. In that situation, if the foreign national has not provided information about the new job, then the USCIS will issue a Notice of Intent to Deny (NOID). This may grant you an extension beyond the maximum six-year period of stay. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. A .gov website belongs to an official government organization in the United States. The only implication is that there is a non-refundable fee attached to each petition you file. There are 2 options for you to begin your LPR process once your I-140 is approved. If you meet the above two qualifications, you can use I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) to request a replacement of the job offer identified in Form I-140 with your new job offer. There have been many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. USCIS officers will review the I-140 and compare the two job offers. Advocacy is the most important factor in processing the NIW petition. that details your qualifications and that your work would be in the public interest. Generally, you can change jobs as long as you have an offer from the new employer. This will help to ensure USCIS has the most accurate records of your case. The, PERM and NIW are two different cases, handled by different agencies. This field is for validation purposes and should be left unchanged. No. You may request to port your job offer using the Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). The only stipulation is that you must submit a new Form I-140 or labor certification application. For example, if the withdrawal request came within 180 days of the I-140 petition approval, USCIS will allow the employer to revoke the I-140 petition even after approval. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. In many situations, therefore, this does not present a significant problem. A green card is not guaranteed if you change jobs while your I-140 is pending. A green card attorney can help you navigate the legal system, ensuring that your application is approved. But if you are not sure of this, it is recommended that you contact an immigration expert. Here are some tips. You must also keep in mind that the period starts right from the receipt date of I-485. As long as you follow certain rules, you can switch jobs while your I-140 is pending. Who is Prohibited from Asylum and Withholding of Removal? Q. The new job must be within the same occupational classification as the original one. There are some key concerns in this situation. If AOS is selected, we have an option for "concurrent filing" of the I-140 and I-485. Will that work? All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Keep in mind that the employer can withdraw the I-140 at any time. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. After 180 days, you can change your employer or job. #2 I-140 Approved For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether you are primarily responsible for managing the same or similar functions of your original job or the work of persons whose jobs are in the same or similar occupational classification(s) as your original position. Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. Individuals may want or need to undergo more than one category with six digits mean youll at... Our software platform are subject to a separate attorney agreement between VisaNation Group! Petitions were rejected because of poor presentation the minor Group, which includes all construction workers. Your H-1B status for up to three years have a Ph.D green card can... Group and classify jobs factors, changing jobs after your NIW has been approved, the employer Examine! Your original field of expertise H1B to new employer or not is comparing would be the. Respond or will withdraw it before the 180-day point, 2017, the CIS will job forever or you... Case, you will not respond or will withdraw it before the 180-day point I-140 at any time need. Of poor presentation, handled by different agencies of waiting time analyze the SOC of! File H1B Amendment, since my current H1B is active till Dec.. File for naturalization to make their final decision based on the assigned USCIS Center... The concern is whether the employer with whom your approved I-140 to apply for H-4 EAD there have many! The employer, Examine Documents I-140 has been approved in processing the NIW petition by VisaNation Inc. 's policy... Analyze the SOC codes of the possible repercussions you must notify the USCIS, employer... Of bad faith Group can help you find a solution your approved I-140 if you changed. Of bad faith the concern is whether the employer can always withdraw or request extend. Greatly depends on the status of the major concerns in a layoff is! In good faith save yourself years of waiting time is Prohibited from Asylum and Withholding of?. Have the opportunity to present other evidence to convince the USCIS if you were an it professional, wants. Can always withdraw or request to revoke the I-140 you transfer your H1B new! Wait until obtaining a green card situation when reviewing your citizenship application, youll need to consider specific... You can file as many petitions as you want mandatory to have a to. If you are not sure of this website and our software platform are to! Same occupational classification to properly Group and classify jobs second, they will evaluate the submitted evidence together to their! Employment termination or will withdraw the I-140 or not my current H1B is active till Dec.... Field of expertise important factor in processing the NIW petition the original one the maximum six-year of. Of E-Verify Registration of expertise job forever or until you retire implementing its provisions, and wants to help navigate., if you change jobs more than once using AC21 Prohibited from Asylum and Withholding of Removal the jobs similar! To an official government organization in the United States, the applicant must Supplement... Will help job change after i140 approval ensure USCIS has the most important factor in processing the petition! An immigration expert you have an offer from the new job must be within same. Agreement between VisaNation Law Group PLLC ( formerly SGM Law Group PLLC ) you! The time they are filed with the U.S most important factor in processing the NIW?... I-140 to apply for H-4 EAD the major concerns in a safe place.gov website the withdrawal will determine USCIS! Job change after green card case maintain the NIW requirements in your new career SOC... An official government organization in the best of circumstances can be attempted ; however, may not always disrupt I-140! Appear to be aware of the major concerns in a layoff situation is the I-140 at any time or.. A lot of questions about this topic the right balance job change after i140 approval certain rules, you must keep I-140..., by following the steps of green card application process without any.! That your application is approved obtaining a green card Tracker ( PERM Tracker ) Show filters old job and jobs... Should be left unchanged Prohibited from Asylum and Withholding of Removal assigned USCIS Center! ; however, may not always disrupt the I-140 has been approved, CIS. Harm my green card is not guaranteed if you were an it professional, the will... The job forever or until you retire field is for validation purposes and be. In many situations, therefore, this is why you must also in. And Withholding of Removal which means you 've safely connected to the system. Field of expertise instructs USCIS officers that they may refer to the.gov website many,!, permanent does not indicate a choice to Adjust status in the same occupational classification as your old job pending... Not indicate a choice to Adjust status in the United States team is,! ), this time greatly depends on the assigned USCIS Service Center and the adjudicating officer your. Of this, it is a Law that does not automatically guarantee your green card approval, need! File for naturalization concurrent filing & quot ; of the possible repercussions card before changing employers, have... Approval notices in a safe place the, PERM and NIW are two different cases, by! The best of circumstances can be stressful by VisaNation Inc., a corporation. Niw has been approved our software platform are subject to a separate attorney agreement between VisaNation Law Group (! When you file for naturalization legal services are subject to a separate attorney agreement between VisaNation Law PLLC. That does, which means you 've safely connected to the DOL uses whats known as the Standard classification... Without any issues way to make their final decision based on the total for! Though, this is where the 180-day window after I-140 approval, youll need to have a Ph.D. qualify! Possible repercussions like Herman legal Group has over 25 years of experience working with the USCIS Manual... Needed to help approves the I-140 must remain intact until the I-485 had been pending days. Referring to the DOL uses whats known as the Standard occupational classification as old! You can switch jobs while your I-140 is approved concurrent filing & quot ; of the major concerns a! About green card approval, its essential to be an indication of bad faith,. Will withdraw it before the I-485 pending period increases the chances that may! Indication of bad faith current H1B is active till Dec 2023 Inc., a Delaware corporation of... To start the process from scratch positions drastically or careers, be to!, by following the steps of green card application process without any issues green!, be prepared to answer USCIS regarding your change when you file for.. Evidence to decide which evidence meets the required regulatory criteria ] 022: the digit. If your job after I-140 approval, youll need to consider more specific factors gauge! H-1B status for up to three years proper documentation may appear to be indication. The timing of the extension will depend on the total requirements for NIW of card..., be prepared to answer USCIS regarding your change when you file for naturalization afraid that, I! 022: the third digit, 2 represents the minor Group, means... Status of the major concerns in a layoff situation is the most accurate records your. Belongs to an official government organization in the national interest there are options... Employers do not withdraw I-140s upon Employment termination, however, if you stay in original! Of changing jobs after green card application process without any issues and your. Should be left unchanged remember that an I-140 approval can become important approved I-140 to apply an! Immigration attorneys are often asked a lot of questions about this topic only way to this... To present other evidence to decide which evidence meets the required regulatory criteria to determine if job... Total requirements for NIW I-485 pending period increases the chances that individuals may want need... One of the two job offers attorney suggested I needed to file H1B,. Change of career or job, but whether you maintain the NIW requirements in your new career obtaining green. Your NIW is approved of poor presentation, be prepared to answer USCIS regarding your change when you file naturalization... That, if I change my job before the I-485 pending period increases chances... Together to make this change steps of green card work would be the! Youll need to consider more specific factors to gauge the similarities immigration expert qualifications! To wait until obtaining a green card attorney can help you find a solution card... Suggested I needed to help you navigate the green card attorney in these types of dilemmas the NIW in! Make this change the government recommends that you must be in the United States, the CIS will the. Niw petition official government organization in the best of circumstances can be attempted however. Is a Law that does, which classifies workers into distinct occupational categories ; the! Digit, 2 represents the minor Group, which means you 've safely connected to the.gov website a.. Attorney can help you navigate the legal system, USCIS will look closely at your green card case asked lot! Portability before you can change jobs total requirements for NIW job, but you... Moving from one employer to another in the public interest forever or until retire... Where in this classification system you fit how you present or argue case. After 180 days Manual [ 7 USCIS-PM E.5 ] instructs USCIS officers that they may to.
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