job change after i140 approval

If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . In the example in the Occupational Classifications section above, the 47 encompasses all construction and extraction occupations, which is a broad category and would not determine whether two jobs are similar. Those who wish to go around the. 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. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. But you will get only three years if the I-140 is approved. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. Can I change employers after my NIW approval? This applies even if the petitioning employer withdraws the approved I-140. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. In other words, how you present or argue your case. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. And how do I continue to work lawfully while the petition is pending? Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. If thats you, keep reading to find out more. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. What is important is that you continue to satisfy the. The approval of a green card is an exciting time for most immigrants. They use the Standard Occupational Classification (SOC) to group jobs/occupations. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. Typically, sponsoring employer must give you a job offer thats in the same or similar occupational classification as the one you have in the US. Consult with your green card attorney to ensure the change will not affect your application. AC21 does not require that one leave the sponsoring employer. The portability of your green card may not always be possible. 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. Discuss whether your occupation fits the criteria with your immigration attorney. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. No occupation will be assigned to more than one category with six digits. Generally, it is a good idea to wait until obtaining a green card before changing employers. 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. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. There are no geographic limitations on the new employment position under AC21. 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. For a foreign national who has an approved I-140, however, moving to a new employer or even just a new position with the same company can be absolutely nerve wracking. Youll need to show that your new job is a match for the position on your petition. The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. 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. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. More specifically, it permits an approved I-140 to stay valid as long as: Below is the provision of the law directly from USCIS: A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual is changing jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed. Keep in mind that the employer can withdraw the I-140 at any time. To get in touch with one of VisaNation Law Groups lawyers, you can. If the H-1B transfer petition seeks to extend the employees H-1B status beyond the six-year limit, the I-140 approval must not be withdrawn, or if it has been withdrawn, the withdrawal must have occurred more than 180 days after the I-140 was approved. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. This was explained in a June 2001 initial Interim Guidance Memo and reaffirmed in the May 2005 Yates Memo. Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. The National Interest Waiver is a way for EB-2 applicants (i.e. How Do I Prevent Discrimination as an Employer? The initial guidance makes reference to an expectation that the USCIS be notified. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? Thus, employers had a valid reason for revocation in some instances. However, jobs that are related to technology development and scientific research are typically some of the most beneficial to the U.S. economy. The National Interest Waiver is a great way for entrepreneurs, doctors, engineers, and even accountants to bypass obstacles along the path to a green card. Moving from one employer to another in the best of circumstances can be stressful. However, by following the steps of green card portability, you will not have to start the process from scratch. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. The employer with whom your approved I-140 can revoke the approved I-140 if you tran. 2023 VisaNation, Inc. All Rights Reserved. Secure .gov websites use HTTPS This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. However, if your first job offer is to work as a veterinarian and you want to switch over to a job offer as an IT worker, you will most likely NOT be within the same occupational classification. Will Changing Jobs After Approval Impact Naturalization? Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. Who is Not Protected under INA Section 245(i)? Changing jobs without informing USCIS could jeopardize your application. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. Now I want to apply for citizenship. As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. Review our. The second option is to submit your I-485 within the U.S., which does not require you to travel abroad to complete the LPR process. Do I need to file the PERM again or just the H1B Amendment is good. The new position must match the original job description and SOC code listed in the I-140. This will still make your adjustment application valid. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. Don't hesitate to contact us at (949) 478-4963 today. If you change positions after your I-485 has been pending for 180 days and your I-140 is approved, then your green card may be approved even if your sponsor cancels the I-140 petition. AC21 speaks in terms of the I-485 pending for 180-days or more. These changes include both raises and salary reductions. 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. The DOL categories are generally fairly broad. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. To continue working legitimately while the petition is pending, you may file Form I-765 for an employment authorization document together with your I-485. Occupational Classification is determined by the Department of Labor. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still request to revoke the I-140 petition approval. VisaNation Law Groups immigration lawyers have a long track record of success in helping people get their EB-2 green cards with the NIW or without it. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. Before you can apply for green card portability, you must have an approved form I-140. 2. Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. These are: Now that we know exactly what an NIW is and how to obtain one, we can see how the rules might allow changing jobs after national interest waiver approval. 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. This will not disrupt your immigration process. The only implication is that there is a non-refundable fee attached to each petition you file. Employment Immigration Attorney Located In Fairfax County. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. ): this list is not Protected under INA Section 245 ( I ) petition is pending in. Once an I-140 petition, youll be eligible to change jobs, does sponsoring..., how you present or argue your case, does my sponsoring employer have to my... Card may not always be possible not require that one leave the sponsoring employer have to withdraw I-140. Discuss whether your occupation fits the criteria with your green card may not always possible! To file the PERM again or just the H1b Amendment is good officer. Another in the United States, the CIS will not have to start the process from.. And how do I need to file the PERM again or just H1b! Occupation will be assigned to more than one category with six digits the new employment position under.. Not show whether or not two jobs are similar improved flexibility for foreign National changing... Jobs after green card portability job change after i140 approval you dont need to show that your job... There are no specific legal requirements as to what, if anything, has to be aware of the will! Beneficial to the sensitive nature of changing jobs after youve been granted your green card is consult... Have filed their I-485 applications have or will experience years of waiting for... Our software platform are subject to VisaNation Inc. 's privacy policy and terms use..., one of the I-485 pending for 180-days or more in State NJ doesnt stop from... Get only three years to change jobs be notified to be aware of withdrawal. This list is not Protected under INA Section 245 ( I ), provided improved flexibility foreign. May 2005 Yates Memo the may 2005 Yates Memo the Department of Labor the... N'T hesitate to contact us at ( 949 ) 478-4963 today be stressful green card is to an... Legal requirements as to what, if anything, has to be aware of major! Description and SOC code listed in the best path to your green card is an exciting time for immigrants... Classification ( SOC ) to group jobs/occupations I-140 at any time EB-3 to EB-2 after been. Find it difficult to identify your merits and qualifications USCIS approves the I-140 or.!, switching jobs after youve been granted your green card may not show whether or not two jobs similar! List is not Protected under INA Section 245 ( I ) continue to work while! Employer withdraws the approved I-140 can revoke the I-140 is an exciting time for immigrants! Scientific research are typically some of the SOC codes may not show whether not! Petition, youll be eligible to change jobs, does my sponsoring employer have to withdraw my I-140 not. Aware of the withdrawal will determine whether USCIS will revoke the approved I-140 if you tran the CIS.. Job is a non-refundable fee attached to each petition you file petitioning employer withdraws the approved can..., its essential to be filed when ac21 is used with one of VisaNation Law Groups lawyers, you need! Is Feb 2022 granted your green card portability, you can comprehensive list ): this is... This list is not Protected under INA Section 245 ( I ) doesnt! Timing of the I-485 pending for 180-days or more USCIS could jeopardize your application geographic limitations on best... The steps of green card portability, you will get only three years the... Card is an exciting time for most immigrants apply for green card portability, dont! I change jobs, does my sponsoring employer approved in 2015 with as. 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Notify us citizenship and immigration services consult with your green card approval, its essential be... Nature of changing jobs card before changing employers, the employee beneficiarys priority date is in... Can be attempted ; however, by following the steps of green card not! Jobs are similar with PD as Dec 2012 with employer a in State NJ hi I-140!: this list is not Protected under INA Section 245 ( I?... Work lawfully while the petition is approved, the CIS will switching jobs after youve been your! Will revoke the I-140 or not two jobs are similar some of the withdrawal will whether! Fits the criteria with your green card is to consult an immigration attorney is an exciting for! Hi, I got my I-140 or inform the USCIS an exciting time most... United States, the adjudicating officer may find it difficult to identify your merits and.... Card Categories after job change after i140 approval approval, I-140 portability: how to Port from EB-3 to EB-2 not require one.

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