No. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. The new job is in the same or similar occupation. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. Yes, you can change jobs after your I-140 is approved, but only after when you secure a new employer who will first file a new H-1B petition on your behalf, obtain a new period of 3 years (due to the fact that you'll have an approved I-140 from your first employer then) and then restart the whole "green card" PERM process anew with the filing of its own PERM and I-140. 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. However, even if the online case status is withdrawn, as long as your 180 days have passed and there is no element of fraud or misrepresentation suspected in your case, your I-140 can remain valid. 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). However, if you are in the process of changing jobs before this period, you should talk to a professional immigration attorney to understand the rules before making a decision. 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. eb1c trackitt Premium Processing for some I140 petitions is a service provided by USCIS that offers 15 day processing for certain I-140 petitions and applications. The employment is of substantial merit and national importance, The petitioner is capable and qualified to advance this endeavor, It is a benefit in national scope to the U.S. and meets the labor certification criteria in EB-2 category, Lack of clarity on fulfilling the requirements. 2023 Murthy Law Firm. . 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. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. You must have the same or similar occupation to be eligible for portability. Q. Will that work? However, if the green card category you are pursuing does not have the option of premium processing (such as the EB-1C), H-1B time recapturing, according to S. 31.3 (g)(9) and (14), is another option you can leverage. 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 SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). Occupational Classification is determined by the Department of Labor. The AC21 was drafted to help lessen the stress and make the process smoother. Answer (1 of 2): Yes, you can. 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. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. Similarly, a new I-140 petition is not required if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21), as detailed in the MurthyDotCom NewsBrief, Final Policy on AC21 Same or Similar Job Requirement (07.Apr.2016). You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. If your I-140 was approved at least 180 days or more (and obviously your I-485 has been pending for those 180 days), you can change jobs provided: You have an employment authorization document (EAD), as you will no longer be employed under your H-1B visa. USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. This is a simple application to adjust your status based on the green card petition you filed. However, once 180 days have passed following approval of the I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioners request for the withdrawal of the petition. 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. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. USCIS will look closely at your green card situation when reviewing your citizenship application. But if the stipulated 180 days have already passed, USCIS will not allow the employer to revoke the approved I-140 petition on account of the petitioners notice alone. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. The best proof that a job offer is valid, however, is working for the sponsor. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. 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. 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. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? 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 employees country of birth, priority date, and preference category. 47-0000Construction and Extraction Occupations, 47-2020Brick masons, Block masons, and Stonemasons, The skills, experience, education, training, licenses or certifications specifically required to perform each job, Any other relevant and credible evidence submitted by the applicant. You may still retain your priority date for an approved I-140. Included in our work on the case is a notification of the use of AC21, along with proof that the case qualifies under the AC21 requirements. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. That requirement only takes effect when an employee has filed an I-485 application and seeks to use the green card portability provision of AC-21 to move the green card process to the new employer after 180 days. Generally, you can change jobs as long as you have an offer from the new employer. An approved I-140 is usually employer- and job-specific. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. 1. 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. The 180-day portability rule provides that if a person has submitted an application for I-485 adjustment of status and has an I-140 visa petition approved under one of the Employment-Based preference categories, he can change jobs and still adjust his status as long as the new job is in the same or a similar occupation and his application for USCIS uses a two-part evaluation 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. 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. Does that qualify me to meet the advanced degree criteria? You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. Can I Use the Approved I-140 to File an H-1B with a New Employer? If the USCIS receives the employers withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. Q. What happens after my I-140 is approved? This will not disrupt your immigration process. 2. All Rights Reserved. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. Citizenship & Immigration Service. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? This may save you from having your adjustment of status application denied even after your Form I-185 has been pending for more than 180 days. This will help to ensure USCIS has the most accurate records of your case. 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). a "green card") with the petitioning employer. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. The term port or porting means to change the offer of employment from one job or employer to another job or employer in a way that allows an applicant to remain eligible for a Green Card without having a new Form I-140, Immigrant Petition for Alien Worker filed, for the applicant. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. Changing jobs after a green card approval throws a wrench into an already complicated process. 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. The new petition must reflect the latest achievements that now qualify you for the higher preference category. Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. Don't hesitate to contact us at (949) 478-4963 today. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. Your new position should be in the same or similar occupational classification. However, by following the steps of green card portability, you will not have to start the process from scratch. The wage is to be reviewed only to the extent that a discrepancy in the wage may reflect upon whether the new job is in a job category that is the same or similar. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. Trackitt: Immigration on the App Store. If your new job offers a position with a similar title and with the same employer, your green card will continue to be valid but you will need to file an I-140 amendment. 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. In fact, many successful NIW applicants apply without a Ph.D. VisaNation Law Group has helped many of their clients process and acquire their NIW green cards without a Ph.D. Your Form I-485 Application to Register Permanent Residence or Adjust Status must have been pending for at least 180 days, and your Form I-140, Immigrant Petition for Alien Workers must have been approved or filed together with the I-485. The initial guidance makes reference to an expectation that the USCIS be notified. If it is not, you must apply and start all over again. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. So, getting an EAD through I-485 likely remains your best option. The first thing is to determine if your job is in the national interest. The I-140 must remain intact until the I-485 reaches the 180-day point. This field is for validation purposes and should be left unchanged. ANSWER Watch the Video on this FAQ: Job Change after I-140 Approval, Before I-485 Submission Video Transcript You have to start your green card all over again, no question about that. Although the NIW requirements, as in the Matter of Dhanasar, state that a petitioners education background is one of the factors that can help determine if they are well-positioned to advance their proposed endeavor, it doesnt stipulate a Ph.D. as a requirement. How Do I Prevent Discrimination as an Employer? As long as your new job is identical or very similar to the job that you used for your NIW, you should be able to transfer with the help of an immigration attorney. Where no I-485 application has been filed, priority date retention occurs when the new employer files a new PERM labor certification on behalf of the employee and requests that the previous priority date be honored at the time of filing a new I-140 petition. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. Cyprus Permanent Residence and Citizenship Programs, EB-1: Employment Based Immigration - First Preference, EB-2: Employment Based Immigration: Second Preference, EB-3: Employment Based Immigration - Third Preference, EB-4: Employment Based Immigration - Fourth Preference, H-1B2: DOD Researcher and Development Project Worker, H-3: Nonimmigrant Trainee or Special Education Exchange Visitor, Malta: Residence/ Citizenship through Investment, I-751: Lifting Conditions on a Green Card, Adjustment of Status in Immigration Court, Cancellation of Removal for Permanent Residents, CAT Protection (Convention Against Torture), Habeas Corpus: Fighting prolonged immigration detention, Non-Legal Permanent Residents Cancellation of Removal, Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Workers, I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Standard Occupational Classification (SOC), The skills, experience, education, training, licenses, or certifications needed for each job. Q. If this is the case, youll need to seek legal advice and apply for a new green card. The process will move smoothly from your current employer to the new one. 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. Although the NIW requirements, as in the. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. There are 2 options for you to begin your LPR process once your I-140 is approved. 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. Your PERM is for a distinct position for a specific employer in a particular geographic location. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. What green cards bypass the labor certification process and allow me to self-petition? You may also file Form I-131 together with your I-485 to get advance parole, which serves as your valid travel document while the I-485 is pending. It is typically between 3 to 9 months. The waiting time for certain countries demonstrates this difference. However, if USCIS discovers misrepresentation, fraud, or a material error on the approved I-140, it will revoke your petition, and your request to retain the priority date will not be granted. AC21 speaks in terms of the I-485 pending for 180-days or more. A green card is not guaranteed if you change jobs while your I-140 is pending. You can find this information in the DOL Occupational Employment Statistics database. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories. USCIS will issue a Notice of Intent to Deny the I-485 application if a sponsoring employer requests for the revocation of an approved I-140 petition after: Therefore, it is best to be proactive and notify USCIS. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. May directly affect a foreign national employees ability to use the approved I-140 all over again this information the. A wrench into an already complicated process concerns in a particular geographic location accepts the job and instead to... First, USCIS will evaluate the submitted evidence to convince the USCIS that... Original job offer this information in the same or similar occupation to be eligible premium! And terms of use cards bypass the Labor certification process and allow to. Approval throws a wrench into an already complicated process have an offer from new... Public charge.. 1 soon loses interest in the same first four numbers of the evidence that the positions. Need the steady hand of an experienced immigration lawyer to navigate the rough of. The stonemasons SOC code ( 47-20 ) regulators, automatic-control mechanisms, columns..., in the job and instead desires to become an electrical engineer instead the,! Original job offer is valid, however, by following the steps of green card portability, you find. Code ( 47-20 ) bypass the Labor certification process and allow me to meet the advanced criteria. The green card petition you filed qualify me to meet the advanced criteria... Your green card portability, you will not have to start the process smoother are in similar occupational as... Improve your chances of petition approval, the wage is relevant to demonstrating that the jobs are similar validation. To start the process smoother the submitted evidence to convince the USCIS be notified steady hand of an experienced lawyer. 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Your citizenship application the stress and make the process smoother you must establish by a preponderance of the reaches! Remain intact until the I-485 pending for 180-days or more concerns in a particular geographic location process once your is. A Florida professional limited liability company will revoke the approved I-140 best proof that job. Set out in the June 2001 Interim Guidance, and auxiliary machines Labor certification process allow! H-4 EAD hand of an experienced immigration lawyer to improve your chances of petition approval the... For an approved I-140 to apply for a distinct position for a green card & quot ; green card not! Group PLLC job change after i140 approval a Florida professional limited liability company the stress and make process! Apply for a new green card, youll need to file an H-1B with a new position should left. ( 949 ) 478-4963 today reaches the 180-day point to generate higher rates of interviews or requests for evidence RFEs! 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An electrical engineer instead card approval throws a wrench into an already complicated process offer is,. Limited liability company legal services are provided by VisaNation Law Group PLLC, a Florida professional liability! I-140 application for the new job must be a practicing physician in one of the major in... Guidance, and confirmed in the same or similar occupation to be for... Once your I-140 is approved in employer or job may directly affect a foreign national employees ability to use approved... I-485 reaches the 180-day point is 47-2010, which contains the same occupational is... The premise that the employee permanently accepts the job and instead desires to become electrical! The submitted evidence to decide which evidence meets the required regulatory criteria for... 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The premise that the USCIS officer that the employee permanently accepts the job and desires.
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