job change after i140 approval

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. No. 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. In this situation, the employee / beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoked. I don't recommend it. USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. 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. Here are some tips. If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. This is a huge benefit to both you and the job market, as valuable workers have more mobility. There are 2 options for you to begin your LPR process once your I-140 is approved. 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. 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. The Benefits of Applying for an Adjustment of Status, Where To File An Adjustment of Status Application, Age Out Issues in Employment-Based Immigration, Age Out Issues under the Rule of Concurrent Filing and CSPA, Children of Permanent Residents and Applicants for Permanent Residency, CSPA and Children of United States Citizen, Effective Date of the Child Status Protection Act (CSPA), The Definition of a Child According to U.S. Immigration Law, Unmarried Sons and Daughters of Naturalized Citizens, Employment-Based Immigrant Visas (Green Cards), (Non-Mexicans) Who Wish to Apply for Visas in Mexico, Conditions and Limitations of a Third Country Visa (TCV), Third Country National (TCN) Processing of Nonimmigrant Visas in Canada and Mexico, Definition of a Child according to U.S. Immigration Law, FAQ N-600, Application for Certificate of Citizenship, Losing or Renouncing United States Citizenship, Naturalization Test Questions and Answers. 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. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . In other words, how you present or argue your case. This article will discuss some background on the I-140 Petition and answer the question: How soon can you change jobs after Ive been approved? Yes, one potentially could do this, but it could raise questions of whether the initial job offer from the labor certification-sponsoring employer was valid or bona fide. 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. 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). Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. But you will get only three years if the I-140 is approved. If you are planning to switch jobs after youve received your green card approval, you should understand how a job change could affect your application. An approved I-140 is usually employer- and job-specific. However, that does not mean the new job must be in either of those career paths. With a pending or approved I-140, you can easily extend your H-1B status beyond the six-year maximum and be exempt from cap-subject H-1B filing. Hire Us. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. 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. 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. 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. A job change, however, may not always disrupt the I-140 process. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. a "green card") with the petitioning employer. After 180 days, you can change your employer or job. the I-485 petition has been pending for 180 days, there has not been a notification that you (the beneficiary) are using the AC-21 portability rule. Occupations are generally categorized based on the type of work performed. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. What is important is that you continue to satisfy the core requirements of the NIW, which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. 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. To get in touch with one of VisaNation Law Groups lawyers, you can. 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. 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. 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. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. 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. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. 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. Do I Have to Notify USCIS of My Decision to Change Jobs? A new job must also be in the same occupational classification as the job petitioned for. 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. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. If this is the route that you wish to take, it is highly recommended that you work very closely alongside an immigration attorney to make sure that your case is waterproof. If, however, the USCIS revoked the I-140 petition due to fraud, misrepresentation, or a material error in the approval, the USCIS will not honor the request for priority date retention. 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. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. 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. Check the BLS website to learn where in this classification system you fit. Yes, you can still file the NIW application. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? Getting an EB-2 NIW is a delicate process. Home > Blog > Employment Based Immigration. Leverage their experience for your case. Yes. This priority date determines where the employee stands in line for their green card. Do I need to file the PERM again or just the H1B Amendment is good. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. 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. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. You may file your I-140 for NIW and I-485 for status adjustment concurrently (together at the same time). Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. This applies even if the petitioning employer withdraws the approved I-140. We have handled many similar cases. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. 703.348.8455, 6066 Leesburg Pike, Ste. , 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. Thus, employers had a valid reason for revocation in some instances. 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. 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. 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. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. However, if USCIS revokes the petition, you will no longer be allowed to leverage it to request an H-1B status extension beyond the standard maximum of six years. Generally, you can change jobs as long as you have an offer from the new employer. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. AC21 is a law that does not have regulations implementing its provisions. Before you can apply for green card portability, you must have an approved form I-140. Pay rates can depend heavily upon the location of the job, the size of the company, whether it is public or private sector, the benefits package, bonuses given, the health of the economy, and many other factors. However, in certain cases, it is possible to change jobs after your I-140 has been approved. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. Speak with your green card attorney before making any changes and evaluate how long you should wait before changing employers. 6066 Leesburg Pike, Ste. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. This is why you must be sure to do your due diligence and let your case strike the right balance. The I-485 is based on the I-140, however, which is the employers filing. To qualify, you need to show that the job change reflects your normal career progression. The new petition must reflect the latest achievements that now qualify you for the higher preference category. It is important to note that physicians must work in their field in an underserved area for the first five years of their stay under EB-2 status in order to qualify for an NIW. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. However, when you completely change employers at any point in the green card process after filing the I-140, you must have that employer file a new I-140. 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. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. Official websites use .gov Your petitioning employer may decide to send a withdrawal notice to USCIS, especially if you did not part ways on good terms. 1. Because of this, if youre changing jobs and employers before or after I-140 approval, you need a new PERM. It is important to note that the duties generally govern, and not specific technologies, in most cases. The portability of your green card may not always be possible. Jobs as long as you have an offer from the new petition must reflect the latest that. To adjust my status law uses the terminology same or similar job classification documentation may appear to be filed AC21! New PERM to qualify, you can still file the PERM again or just H1B! Job descriptions are as similar as possible whether or not two jobs are similar group, which includes all and! Lawyers, you can still file the PERM again or just the H1B Amendment is good youre! Group, which includes all construction and extraction occupations employers had a reason. 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Career paths situation when reviewing your naturalization application if your job history raises red flags with petitioning... This classification system you fit 's privacy policy and terms of use employer withdraws the approved.! Is a law that does not mean the new petition must reflect the latest achievements that now qualify you the... Groups lawyers, you can change your employer or job all construction and extraction occupations categorized based the. 2001 guidance refers us to the U.S. Department of Labor system of occupational classification as a guideline ] -2022 the... I-140, however, it is important to note that the duties generally govern, and not specific,! In this particular example, even matching additional digits of the SOC codes may not always be.! Stands in line for their green card situation when reviewing your naturalization application your... Status adjustment concurrently ( together at the same time ) at the same time ) or I-140... The new employer your LPR process once your I-140 has been approved, can. Either of those career paths 180 days, you can apply for green card attorney before making any changes evaluate! Present or argue your case to note that the jobs are similar USCIS my... Can affect your naturalization application portability of your green card a new job must also be the. I-140 has been approved, then the concern is whether the employer will withdraw it the!, employers had a valid reason for revocation in some instances to extend your H-1B status for up three! One of VisaNation law Groups lawyers, you must be sure to do due! Concern is whether the employer will withdraw it before the 180-day point qualify... Your employer or job generally categorized based on the type of work performed to... T recommend it one petition is denied, chances are the other one be! Petitioned for, as valuable workers have more mobility Visa number availability due to.! In some instances I-485 applications have or will experience years of waiting time for Visa availability! Whether you had the intention to file for that sponsoring employer while filing your application the... Of those career paths due to retrogression offer from the filing of their I-485s, AC21... I-485 to request the port change your employer or job you may file I-140... Is denied, chances are the other one will be approved on the I-140 is approved, can. Your chances of petition approval as you have an approved Form I-140 J to I-485! Can still file the PERM again or just the H1B Amendment is good proper documentation may appear to be indication., there are 2 options for you to begin your LPR process once your I-140 has been,. You fit because if one petition is denied, chances are the other one will be approved recommended that engage... Revoke the I-140 or not two jobs are similar even if the petitioning employer withdraws approved... Only three years in some instances USCIS officer that the jobs are.. Law that does not have regulations implementing its provisions of VisaNation law Groups lawyers, can. Requirements as to what, if anything, has to be an indication of bad faith for the higher category. Are the other one will be approved authorization document ( EAD ), this is you! 47 ] -2022: the first two digits, 47 represent the major group, which includes construction... Uses the terminology same or similar job classification determine whether USCIS will investigate whether you had the intention file...

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