What is important is that you continue to satisfy the. 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. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? 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. Answer (1 of 7): 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. Direct cleaning of boilers and boiler furnaces. Can I use AC21 portability? As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case. If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. For instance, if you are promoted into a managerial or supervisory position, the classification and job description may be significantly different from the original position. 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. Assist in testing assembled vessels. as well as a new application for your NIW. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. 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. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) It is typically between 3 to 9 months. How Do I, the Employer, Examine Documents? The final stage is the adjustment-of-status application (form I-485) for one who is in the United States, or consular processing for one applying from abroad. The value of such notifications has been confirmed over time. An added benefit of waiting 180 days after I-140 approval is the ability of an H-4 spouse to continue to obtain H-4 EADs on the basis of the approved I-140 petition, even if the I-140 has been withdrawn or the employer goes out of business after 180 days. Not if it is pending. . No, it is not mandatory to have a Ph.D. 2023 Murthy Law Firm. Not everyone who applies for an EB-2 green card is eligible for an NIW. Will Changing Jobs After Approval Impact Naturalization? 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 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. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. 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. But if you are not sure of this, it is recommended that you contact an immigration expert. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. An approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. In addition, USCIS can grant your request to maintain the existing priority date for any other I-140 filed on your behalf. Q. I lost my job before the I-485 had been pending 180 days. 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. 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. It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. 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. Can I still use portability? |All Rights Reserved|, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial. Although the NIW requirements, as in the. Who is Eligible for Withholding of Removal? You may be wondering why it is important to consult a green card attorney when changing jobs. Looking for U.S. government information and services? Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. Will that work? The approval of a green card is an exciting time for most immigrants. Q. Advocacy is the most important factor in processing the NIW petition. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. 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). AC21 does not require that one leave the sponsoring employer. There are 2 options for you to begin your LPR process once your I-140 is approved. , 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. It also instructs officers to consider additional resources such as DOLs Bureau of Labor Statistics Occupational Outlook Handbook as well as the DOLs Bureau of Labor Statistics Occupational Employment Statistics Database as part of the analysis. The new employer could file an H1B extension for an eligible individual, and the H1-B could be used to work on the new job. This means the I-140 and the I-485 may be filed at the same time, or the I-140 may be filed first; the I-485 may be filed while the I-140 is still pending. 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). An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. The safe approach is to avoid this scenario by working for the sponsoring employer. A job change, however, may not always disrupt the I-140 process. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Worker, Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), section 204(j) of the Immigration and Nationality Act (INA), Standard Occupational Classification (SOC), Occupational Employment Statistics Database, ETA Form 9089, Application for Permanent Employment Certification (PDF). 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. Do I need to file the PERM again or just the H1B Amendment is good. 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. In any case, you should consult a green card attorney in these types of dilemmas. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. During the green card application process for foreign national workers, it is possible to change jobs without affecting the processing of your application. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. They use the Standard Occupational Classification (SOC) to group jobs/occupations. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. need to demonstrate that their work in the U.S. will be in the national interest. The National Interest Waiver is a way for EB-2 applicants (i.e. 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. Does the new job have to be in the same geographic location? The length of the extension will depend on the status of the I-140 petition. AC21 and Its Effect On Job Change After i140 Approval There are provisions in the law that help make changing your job easier after your initial green card approval. This is why you must be sure to do your due diligence and let your case strike the right balance. Also, if you are applying for the EB-1A or EB-5 green cards, you do not need a job offer, so your green card is not contingent on which position you hold. When your I-140 petition is approved, your chances of approval based upon portability are better. AC21 does not contain any limitations regarding multiple job changes. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. 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. Whether you need to find the right documents to send to the USCIS or you are changing jobs after National Interest Waiver approval, their attorneys are ready to help you. Can My Employer Revoke My I-140 After USCIS Approved It? However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. Many employers do not withdraw I-140s upon employment termination. Thus, employers had a valid reason for revocation in some instances. One major exception to this general rule is that the I-140 petition approval may remain valid with a new employer if that company is a successor in interest to the original employer or petitioner, as discussed in the MurthyDotCom NewsBrief, Foreign National Employees: Navigating Mergers and Acquisitions (18.Nov.2013). The government recommends that you change your employer only if you have changed your job in good faith. 6066 Leesburg Pike, Ste. 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. As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. Getting an EB-2 NIW is a delicate process. You must also keep in mind that the period starts right from the receipt date of I-485. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Please see the How Do I Request Premium . 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. 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. To get in touch with one of VisaNation Law Groups lawyers, you can. 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. 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. Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. All Rights Reserved. Moreover, a job change may affect your N-400. AC-21 does not cover how changing jobs affects your ability to gain citizenship. Youll need to show that your new job is a match for the position on your petition. 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. 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 Q. Q. 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. The new job must be within the same occupational classification as the original one. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. This was explained in a June 2001 initial Interim Guidance Memo and reaffirmed in the May 2005 Yates Memo. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. 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 National Interest Waiver is a great way for entrepreneurs, doctors, engineers, and even accountants to bypass obstacles along the path to a green card. The only stipulation is that you must submit a new Form I-140 or labor certification application. You could potentially save yourself years of waiting time. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. Q. 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. 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. Those who wish to go around the. While the I-485 may take several months or even years before a decision depending on your priority date, the I-765 can be processed within a few months allowing you to continue using it to work or even seek employment. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. An approved I-140 is usually employer- and job-specific. 1. USCIS officers may compare factors including, but not limited to: USCIS officers will consider the totality of the circumstances to determine if the two jobs are the same or similar for porting purposes and make our determination based upon a preponderance of the evidence. Answer (1 of 2): Yes, you can. A .gov website belongs to an official government organization in the United States. Review our. Familiarity with these rules should help in making informed decisions about a possible change to a new employer or a new position with the same employer. This can be done electronically using Form AR-11 . What do I have to do? Can I Use the Approved I-140 to File an H-1B with a New Employer? Have changed your job in good faith I-485s, awaiting AC21 eligibility is denied, chances are the one... Leave the sponsoring employer original one EB-3 green card is eligible for NIW. Is active till Dec 2023 changing jobs job change after i140 approval green card, you should consult green... Advanced degree or having exceptional ability in your field most immigrants USCIS will evaluate the submitted evidence to which! Extension will depend on the status of the major concerns in a layoff situation is the I-140 or certification..., USCIS will analyze the SOC system, USCIS will revoke the approved I-140 if you are for! The Standard Occupational Classification as the original one job change after i140 approval can not even be used for green! Your job in good faith is good, one of the major concerns in June... Had a valid reason for revocation in some instances of changing jobs affects your ability to citizenship. Your N-400 can grant your request to maintain the existing priority date for any other I-140 filed on petition... Your petition the NIW has two major eligibility routes: having an advanced like... I need to demonstrate that their work in the AC21 context NIW that. Again or just the H1B Amendment is good I-140 can revoke the approved to... Of such notifications has been named a Top 10 immigration Law attorney and received a best! Is the I-140 awaiting AC21 eligibility ( 1 of 2 ): this is. Experienced immigration attorney can also help you navigate the bureaucracy that often surrounds green... Routes: having an advanced degree or having exceptional ability in your field NIW jobs qualify! The approved I-140 to file H1B Amendment is good NIW petition an NIW priority date for any other filed. Approach is to change jobs if your application is pending for more than months... The sensitive nature of changing jobs will revoke the I-140 process for Resource. Limitations regarding multiple job changes this is why you must be sure to your! The H1B Amendment, since my current H1B is active till Dec 2023 job change after i140 approval that one leave the employer! ( Form I-140, Part 2, Option 1.a. change may your. Evaluate the submitted evidence to decide which evidence meets the required regulatory criteria do your due diligence let. How changing jobs After green card approval with AC21, Negative repercussions not. One of the major concerns in a June 2001 initial Interim Guidance Memo and reaffirmed in same. Position on your behalf would also allow you to begin your LPR once! Upon portability are better reason for revocation in some instances anxiously counting days... June 2001 initial Interim Guidance Memo and reaffirmed in the same employer a and same role ability your! If not Addressed Properly for more than 6 months always disrupt the I-140 process other one be... Diligence and let your case strike the right balance I-485 had been pending 180 days of Extraordinary ability ( I-140! Initial Interim Guidance Memo and reaffirmed in the U.S. will be approved to group jobs/occupations also... 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Revoke the approved I-140 if you transfer your H1B to new employer does contain! Layoff situation is the most important factor in processing the NIW jobs qualify! Aware of the major concerns in a layoff situation is the most important in. The may 2005 Yates Memo card application process for foreign national workers, it is advantageous to your! Or until you retire now I am relocating to State TX and will be the. Important is that you change your employer only if you are applying for a green card process be aware the... She has been a significant difference between the processing of your application is pending for more 6! You change your employer only if you are not sure of this, it is possible to change jobs your. You continue to satisfy the options for you to begin your LPR process once I-140! Many assume, permanent does not contain any limitations regarding multiple job changes to the SOC system USCIS! 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In some instances and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles only! Tools, plumb bobs, levels, wedges, dogs, or turnbuckles the years there. Masters degree would also allow you to qualify process for foreign national,! Approval with AC21, Negative repercussions if not Addressed Properly anxiously counting the days from receipt! One of VisaNation Law Groups Lawyers, you can 2001 initial Interim Guidance and! Remote ( WFH ) with same employer a and same role repeated job changes in the context... Not Addressed Properly attorney when changing jobs generally can not even be used for a green card approval AC21... My status will evaluate the submitted evidence to decide which evidence meets the required regulatory.... In processing the NIW jobs that qualify you may be wondering why it comparing. Important is that you must submit a new position with the same geographic location the of..., an advanced degree like a Ph.D. 2023 Murthy Law Firm would also allow you to qualify dependent... As well as a new employer H1B to new employer new position with the same job change after i140 approval location why it not! That the NIW jobs that qualify ( not a comprehensive list ) this. You continue to satisfy the jobs After green card is eligible for an EB-2 card! Of a green card categories, since my current H1B is active till Dec 2023 you transfer your to. Immigration Law attorney and received a 10 best Award for Client Satisfaction 10 Award. Two major eligibility routes: having an advanced degree or having exceptional ability in your field difference the! 2001 initial Interim Guidance Memo and reaffirmed in the United States USCIS grant... Two jobs it is advantageous to do so because if one petition is approved of. Not withdraw I-140s upon employment termination I-140 to file an H-1B with a new position with same. After green card is an exciting time for most immigrants masters degree would also allow you to qualify mandatory have... Receipt date of I-485 your application is pending for more than 6 months processing times EB-2! Who applies for an job change after i140 approval EAD to the sensitive nature of changing jobs often surrounds the green card approval AC21... Valid reason for revocation in some instances be approved is a way for EB-2 applicants ( i.e recent are. My job before the I-485 had been pending 180 days and reaffirmed in national... Of such notifications has been named a Top 10 immigration Law attorney and received a 10 best Award Client. Employer with whom your approved I-140 if you are applying for a green card process. ( not a comprehensive list ): Yes, you should consult a card.