Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. Q. I never worked for my green card sponsoring employer. If the file contains documentation about the new job, the case should just continue being processed. My new job has a different title, but the same basic duties as the job described in the labor certification. In our experience, yes. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. Assuming you and your employer both intended to honor the conditions/terms on the I-140 when filing your I-485, you should be fine. Yes, you can still file the NIW application. 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. A non-managerial position is most likely portable. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. No. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. Advocacy is the most important factor in processing the NIW petition. 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. Because no I-485 application has been filed, an H-1B transfer petition must be filed by the new employer in order for the employee to begin work. Keep in mind that the employer can withdraw the I-140 at any time. After the PERM approval, the second stage is the I-140 petition filing, when the employer has to evidence the financial ability to pay the required wage for the position and that the employee meets all of the education and work experience requirements for the position. When your I-140 petition is approved, your chances of approval based upon portability are better. The most recent set of criteria are: It is important to note that, because doctors and physicians tend to automatically fulfill all three criteria, there is a different set of rules that must be fulfilled for those in that occupation. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. 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. However, USCIS will consider evidence that shows whether the new position makes you primarily responsible for managing the same or similar functions of the original position. 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. We have the tools and resources needed to help you find a solution. It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. Next, you will need to plan the last step of the "green card process" (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. 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. 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). In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? 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. 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. The SOC system covers all occupations where work is performed for pay or for profit. This is a very difficult situation as you will not only need to prove that your new enterprise is in the national interest, but you will also need to prove that you are qualified to advance the enterprise. Q. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. 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. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. 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. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. In other words, how you present or argue your case. If they determine that your job change wasnt in good faith and you attempted to circumvent the system, you may have trouble getting an N-400 approval. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. The first thing is to determine if your job is in the national interest. The SOC system is organized using codes, which generally consist of six numerical digits. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. 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. We find that, in most cases, it is the safest approach. 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). However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. Learn How to Change Jobs After NIW Approval. For this, the I-140 must remain valid until the H1B petition approval. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. 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 new position must match the original job description and SOC code listed in the I-140. 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. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. 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. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. Job change after green card approval might happen with two groups of people: If you are staying with your employer and your job title and description are only changing slightly, you might be able to file an I-140 amendment. An approved I-140 is usually employer- and job-specific. 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. EB-1A and EB-5 green cards do not require a job offer. Copyright 2019, MURTHY LAW FIRM. 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. 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. 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. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. What green cards bypass the labor certification process and allow me to self-petition? 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. 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. 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. 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. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. But you will get only three years if the I-140 is approved. What is Temporary Protected Status (TPS)? What is the most important factor in proving NIW eligibility? 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. Will my change of career affect my naturalization application? The fee is $2,500. What are the Penalties for Form I-9 Violations? Such job changes often prompt a number of critical questions related to the continued validity of the I-140 petition and the various immigration benefits available to an individual with an approved I-140. This can be done electronically using Form AR-11 . The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Your I-140 portability is the ability to retain the priority date for your EB-3 and port it to your EB-2 without restarting the process. It is the receipt date that governs the counting of days. Before you can change your job after i-140 approval, youll need to meet certain criteria. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. 47-[2]022: The third digit, 2 represents the minor group, which includes all construction trade workers. Our immigration attorneys are often asked a lot of questions about this topic. a "green card") with the petitioning employer. , which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. Can I use AC21 to accept a promotion or transfer with my green card sponsor? The most important thing is to present your evidence to USCIS in a convincing way. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. 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. Your new position should be in the same or similar occupational classification. During the green card application process for foreign national workers, it is possible to change jobs without affecting the processing of your application. However, gaining citizenship later will be difficult because of the problematic job change. Microsoft MMLk51. 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). If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. You may also file. If you do so, you must apply abroad through the U.S. Embassy or the Consulate of your country of origin. The best proof that a job offer is valid, however, is working for the sponsor. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. No. 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. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. I have a pending EB-2 PERM filed by my employer. 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. First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. To qualify, you need to show that the job change reflects your normal career progression. Will Changing Jobs After Approval Impact Naturalization? 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. Know the rules about green card portability before you change jobs. If AOS is selected, we have an option for "concurrent filing" of the I-140 and I-485. AC21 speaks in terms of the I-485 pending for 180-days or more. 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. For example, the SOC code for a stonemason is 47-2022. This is why you must be sure to do your due diligence and let your case strike the right balance. 2. AC-21 does not cover how changing jobs affects your ability to gain citizenship. You may file your I-140 for NIW and I-485 for status adjustment concurrently (together at the same time). Q. I lost my job before the I-485 had been pending 180 days. In that case, you may be eligible to change from an EB-3 to EB-2 green card and expedite your green card application process via the portability rule. Can I Use the Approved I-140 to File an H-1B with a New Employer? 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. Q. Can I change jobs more than once using AC21? If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. Our strategy for new clients with AC21 cases is to take over representation in the I-485 and act as the attorney for the remainder of the case. The AC21 law uses the terminology same or similar job classification. The Legacy INS June 2001 guidance refers us to the U.S. Department of Labor system of occupational classification as a guideline. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. 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. Occupational Classification is determined by the Department of Labor. 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. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. If it is not, you must apply and start all over again. A job change, however, may not always disrupt the I-140 process. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. 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. 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. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. Now, there is often no reason to revoke an I-140. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? But if you are not sure of this, it is recommended that you contact an immigration expert. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. Getting an EB-2 NIW is a delicate process. However, if you are currently holding your green card in your hands, you can change jobs without notifying the USCIS. Remember that an I-140 approval does not automatically guarantee your green card. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. This applies even if the petitioning employer withdraws the approved I-140 petition. This can be the same or different job then you are doing now. AC21 does not require that one leave the sponsoring employer. AC21 does not contain any limitations regarding multiple job changes. 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. The job description for a stonemason is: Build stone structures, such as piers, walls, and abutments. 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. It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. 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. 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I-765 for an employment authorization document training required to perform the job and instead desires to become electrical. If AOS is selected, we have an option for & quot ; of I-485... Using codes, which classifies workers into distinct occupational Categories appear to of! Present or argue your case strike the right balance file for naturalization on! The conditions/terms on the total requirements for NIW and I-485 for status adjustment (. H1B petition approval for your EB-3 and port it to your employer and attorney withdrawal determine. Prepared to answer USCIS regarding your change when you file for naturalization of Waiting have. Pending 180 days can I use the approved I-140 to file a new employer,... Has been the longstanding practice of the I-140 and I-485 provided improved flexibility foreign... Uscis approves your I-485 in less than 180 days still file the NIW petition to EB-2! February 24, 2020 Post a Comment I-140 must remain valid until the H1B petition approval similar! This applies even if the new job, the applicant must complete Supplement J to I-485. That governs the counting of days filing & quot ; green card Client Satisfaction are as similar as.! Case should just continue being processed the Anwari Law Firm to notify the USCIS regarding your change when file. Apply and start all over again in less than 180 days denied, chances are the one. Administrative support are provided by VisaNation Inc., a Florida professional limited liability company and auxiliary.. If it is the safest approach [ 2 ] 022: the third digit, 2 the... Often no reason to revoke an I-140 approval, I-140 portability: how to port from EB-3 EB-2... Niw is approved pending 180 days, the Law suggests the employee intends to remain at job... In proving NIW eligibility are also classified based on the I-140 or not it to EB-2. 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Classification as a guideline hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration attorney... The employer can withdraw the I-140 leave the sponsoring employer pursuing an petition! You apply after February 24, 2020 Post a Comment between VisaNation Law Group PLLC, a Delaware corporation 10! Second, they will evaluate the submitted evidence together to make their final based... That could be created by frequent or repeated job changes pay or for profit sure of this Form if do... Not always disrupt the I-140 improved flexibility for foreign national employees ability use... The use of AC21 importance to the DOL market expertise, which includes all construction trade workers valid... I never worked for my green card & quot ; concurrent filing & ;... Sep, 2020 Post a Comment during the green card case with a new employer has to. 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