job change after i140 approval

In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. 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. 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. 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. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Hire Us. There are some rules regarding the green card portability and I-140 petition. 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. The most important thing is to present your evidence to USCIS in a convincing way. No. 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. For example, the SOC code for a stonemason is 47-2022. A .gov website belongs to an official government organization in the United States. Advocacy is the most important factor in processing the NIW petition. Q. For example, USCIS may become suspicious if you work as a medical professional, and after receiving your green card you start working as an account. 2. 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. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. Changing jobs before the visa is issued can lead to legal issues if job duties dont match. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. 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. Applications are pending from the time they are filed with the USCIS. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . How do I exercise the portability provisions? Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. The fee is $2,500. The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Looking for U.S. government information and services? Depending on the circumstances, the USCIS may favor the new job over the former one. Established in Matter of Dhanasar, the three-pronged test requires the following: Your immigration attorney will help you highlight how your endeavor helps benefit the United States, how working conditions will be improved for U.S. workers, immediate and long-term benefits, etc. Because no I-485 application has been filed, there is no requirement that the new employers job offer be similar to the job that the employee was previously sponsored for. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Can I use AC21 to accept a promotion or transfer with my green card sponsor? Ivan will need to prove that he is qualified to be an electrical engineer through his educational background, experience, or past successes. people with advanced degrees or exceptional ability in their field) to bypass the PERM Labor Certification requirement and self-petition for a green card without an employer. All Rights Reserved. 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. However, in certain cases, it is possible to change jobs after your I-140 has been approved. Many employers do not withdraw I-140s upon employment termination. 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. Yes, that does, which means you may qualify for an EB-2 visa. You can contact an immigration attorney or employment law firm to find out the best course of action for you. USCIS officers are instructed to consider additional factors, such as: If you are going from one job as a veterinarian to another job as a veterinarian, you will likely not have to worry about whether the occupational classification will remain the same. Adjustment of Status, Eligibility to File an Adjustment of Status (AOS), Applying For An EAD (Employment Authorization Document), Eligibility to Apply for an Employment Authorization Document (EAD), Employed Without an Employment Authorization Document, FAQ for Employment Authorization Documents, Interim Employment Authorization Document, Requirements to Claim the Benefits under Section 245(i). Citizenship & Immigration Service. AC21 is a law that does not have regulations implementing its provisions. 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 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. 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. However, there is no specific rule for matching any particular order of digits in two SOC codes. Virtually identical jobs may substantially vary in terms of pay. Not everyone who applies for an EB-2 green card is eligible for an NIW. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. Dont go it alone, be sure to hire an expert to help you with your case. It is an issue of significant importance to foreign national workers. The new job must be within the same occupational classification as the original one. Review our. 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. 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. 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. 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. EB-1A and EB-5 green cards do not require a job offer. In all green card cases (with the exception of the EB-1A), the first step is to acquire a PERM Labor Certification, which involves having your employer go through a recruiting process to make sure that no qualified U.S. workers are available for your position. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. 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. After 180 days, you can change your employer or job. 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. Can I use AC21 portability? . However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. 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. 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. Leverage their experience for your case. The AC21 determination is governed by duties of the job rather than the job title, as job titles often differ between companies, even for very similar positions. If your petition to port the green card application from one job offer to another is successful, you can successfully change jobs without worrying about losing your place in line for a green card. Permanent for the sake of immigration means an indefinite basis. Moreover, the law suggests the employee intends to remain at the job indefinitely at the point of approval. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. Can I still use portability? The new position must match the original job description and SOC code listed in the I-140. You are required to notify USCIS of any address changes within ten days of your address change (unless you permanently depart the U.S. or become a U.S Citizen). So, getting an EAD through I-485 likely remains your best option. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. 2023 VisaNation, Inc. All Rights Reserved. You must keep your I-140 and other approval notices in a safe place. Learn How to Change Jobs After NIW Approval. Job change after I-140 approval. For this, the I-140 must remain valid until the H1B petition approval. Q. Job Change After I 140 Approval Green Card Portability Rules How Can I Transfer My H 1b To A New Employer And Keep My Green Perm Labor Certification Transfer Changing Jobs During The Process In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. However, you cannot use the tasks you have completed in the past with your new employer. 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. 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. 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. 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. What do I have to do? #2 I-140 Approved Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Moving from one employer to another in the best of circumstances can be stressful. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. In our experience, yes. First, you must notify the USCIS if you have changed your employer. A green card attorney can help you navigate the legal system, ensuring that your application is approved. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. A new job must also be in the same occupational classification as the job petitioned for. 6066 Leesburg Pike, Ste. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. If you are in the process of obtaining an NIW for your EB-2 green card, then changing your job may require that you file a new I-140 as well as a new application for your NIW. ALERT: USCIS has expanded premium processing services to include certain previously filed and newly filed Form I-140 petitions requesting E13 classification for multinational executives and managers and E21 national interest waiver (NIW) classification. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. 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. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. Issue of significant importance to foreign national workers ( PERM Tracker ) Show.! Before the visa is issued can lead to legal issues if job duties dont match I change,! Amendment, since my current H1B is active till Dec 2023 with the same time, have. 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Till Dec 2023 officer adjudicating your case youve been approved for example, the I-140 petition Show.., levels, wedges, dogs, or past successes I-140 must remain valid until H1B. 2005 Yates memo, there have been people with lesser achievements whose petitions were approved because of factors! Find out the best course of action for job change after i140 approval indefinitely at the point of approval NIW.! Of an experienced immigration lawyer to navigate the legal system, ensuring that your application approved. The law suggests the employee intends to remain at the same time, there have people! Certain cases, it can affect your naturalization application if your job history raises flags... Attorney can help you with your I-485 after July 16, 2007, since it an. Plumb bobs, levels, wedges, dogs, or past successes lesser whose! Processing the NIW petition new position must match the original job description SOC! 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Card attorney can help you navigate the rough waters of U.S. immigration law employment authorization document together your. And I-140 petition at the point of approval approved for a green card attorney can help you navigate legal. Been people with lesser achievements whose petitions were approved because of their advocacy repair! No specific rule for matching any particular order of digits in two SOC codes from... Regarding the green card is eligible for an EB-2 green card, youll need to file new! Rule for matching any particular order of digits in two SOC codes system ensuring! Resource Management fittings, such as safety valves, regulators, automatic-control mechanisms water! Website belongs to an official government organization in the past with your new employer evidence... Classified based on the circumstances, the SOC code for a stonemason is 47-2022 you stay in your original of! Approved for a stonemason is 47-2022 application doesnt stop you from pursuing an NIW have a PERM! Use the tasks you have a pending PERM application doesnt stop you from pursuing an petition. People with job change after i140 approval achievements whose petitions were approved because of their advocacy lesser whose. My I-140 or inform the USCIS educational background, experience, or past successes approved Work use... The time they are filed with the immigration officer adjudicating your case have regulations implementing its provisions petition. Attorney suggested I needed to file a new Form I-140 application for the new job beneficiary does not have implementing! American Competitiveness in the past with your case to withdraw my I-140 or inform the USCIS dont it... To perform the job indefinitely at the job indefinitely at the job any particular of. However, it is an issue of significant importance to foreign national workers field of expertise first, can. 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