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. Yes, you may change employers after your NIW has been approved. 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. 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. 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. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. I don't recommend it. Generally, you can change jobs as long as you have an offer from the new employer. There have been USCIS memos clarifying many details, as well as many cases through which we have gained valuable insight into the USCISs interpretations and applications of AC21. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. Can I still file an EB-2 NIW? However, if youre planning to switch jobs during the green card process, you should contact a legal professional to help you through the process. Know the rules about green card portability before you change jobs. How Do I Prevent Discrimination as an Employer? The first option is to file your I-485 Application to Adjust Status through the consular processing route. 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. How Long Do I Need to Stay With My Employer After Green Card Approval? 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. 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. 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. a "green card") with the petitioning employer. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence, Changing Employers on H-1B After I-140 Approval. Who is Eligible for Withholding of Removal? The I-140 approval process does not guarantee that you will receive a green card. 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. Review our. What are the Pros and Cons of E-Verify Registration? Our immigration attorneys are often asked a lot of questions about this topic. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. Secure .gov websites use HTTPS AC21 speaks in terms of the I-485 pending for 180-days or more. The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. 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. 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. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. This can be done electronically using Form AR-11 . This was explained in a June 2001 initial Interim Guidance Memo and reaffirmed in the May 2005 Yates Memo. 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. Who is Prohibited from Asylum and Withholding of Removal? In any case, you should consult a green card attorney in these types of dilemmas. Assist in testing assembled vessels. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. Looking for U.S. government information and services? Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. 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. In other words, how you present or argue your case. Check the BLS website to learn where in this classification system you fit. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. What is the most important factor in proving NIW eligibility? 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. Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. 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. Who is Not Protected under INA Section 245(i)? Now I want to apply for citizenship. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. An employee beneficiary of an approved I-140 petition can retain this priority date for any subsequent filing in the event he or she changes employers after approval of the I-140 petition. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? Citizenship & Immigration Service. Processing times vary as USCIS evaluates each application on a case-by-case basis. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. Those who wish to go around the PERM requirement need to demonstrate that their work in the U.S. will be in the national interest. 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. 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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. 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. You can find this information in the DOL Occupational Employment Statistics database. The first thing is to determine if your job is in the national interest. Can My Spouse Apply for H-4 EAD With the Approved I-140? You should do this before filing your 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. Be sure to indicate on the petition that you want to retain your priority date. However, jobs that are related to technology development and scientific research are typically some of the most beneficial to the U.S. economy. We have seen several cases of people who want to leave their current job to work in an entirely different field. Q. 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. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. USCIS will look closely at your green card situation when reviewing your citizenship application. Thus, employers had a valid reason for revocation in some instances. The DOL categories are generally fairly broad. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. This will still make your adjustment application valid. 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. Moving from one employer to another in the best of circumstances can be stressful. However, to avoid a show of bad faith, you will need to convince the adjudicating officer that your initial intent was to stay with the petitioning employer long-term. Our attorneys will be able to advise you on what steps you need to take and ensure that your application is processed as quickly as possible. Youre changing your position with your current employer. Trackitt PermPerm processing time for 2022. 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. Do I need to have a Ph.D. to qualify for NIW? 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 USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. 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? The new job must be associated with the previous position, and its duties must be similar. The SOC system is organized using codes, which generally consist of six numerical digits. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. However, you will need to prove that the occupation qualifies you for the green card portability requirement. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. One of the primary potential problems arises if an RFE is issued. 2. If youve recently been approved for an employment-based green card petition, you may be wondering whether your new job will affect the portability of your green card. Since there is no particular job or talent that definitively determines national importance, it is then left to every petitioner to prove their eligibility based on what they possess. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. 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. 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 as well as a new application for your NIW. When your I-140 petition is approved, your chances of approval based upon portability are better. 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. 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. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . Who Benefits from the Amendment to INA Section 245(i)? No, it is not mandatory to have a Ph.D. Q. I lost my job before the I-485 had been pending 180 days. Do I need to inform USCIS if I change jobs? Another option is to ask your employer to file an H-1B on your behalf. 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. But without a PERM or I-140, you will have to leave the United States at the end of the six-year validity period. So, what are you waiting for? 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 value of such notifications has been confirmed over time. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. Will my change of career affect my naturalization application? The team is friendly, professional, and wants to help. No occupation will be assigned to more than one category with six digits. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. Below we compiled answers to the most commonly asked questions: When your I-140, Immigrant Petition for Alien Worker, is approved, you can begin the process to apply for Lawful Permanent Residency in the U.S. At this point, it is the petitioners responsibility to initiate the process and not the employers. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. Occupational Classification is determined by the Department of Labor. Answer 2. 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. The approval of a green card is an exciting time for most immigrants. However, there is no specific rule for matching any particular order of digits in two SOC codes. 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. The job description for a stonemason is: Build stone structures, such as piers, walls, and abutments. USCIS officers are instructed to consider additional factors, such as: The duties of both positions 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. Thus, filing a case as a future job offer, without working for the sponsor, then using AC21 to move to an alternative position, can raise questions of intent and potential fraud or misrepresentation. 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. Before you can change your job after i-140 approval, youll need to meet certain criteria. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. Official websites use .gov For example, the SOC code for a stonemason is 47-2022. The employer can always withdraw or request to revoke the I-140 petition. 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. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. 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. However, you cannot use the tasks you have completed in the past with your new employer. 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. The most important thing is to present your evidence to USCIS in a convincing way. 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. Changing your job before you physically receive your visa will incur problems if not handled correctly. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. Yes, you may change employers after your NIW has been approved. 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. 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. The I-140 must remain intact until the I-485 reaches the 180-day point. This will not disrupt your immigration process. For you to change the offer of employment or employer, your Form I-485 must have been pending with USCIS for 180 days or more. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The National Interest Waiver is a way for EB-2 applicants (i.e. 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. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? 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. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) 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. 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. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. 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. 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. The later May 2005 Yates Memo makes the same references. We have handled many similar cases. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. 2023 VisaNation, Inc. All Rights Reserved. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. If you meet the above two qualifications, you can use I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) to request a replacement of the job offer identified in Form I-140 with your new job offer. 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. Get in touch with one of VisaNation Law Group's immigration attorneys today. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Not everyone who applies for an EB-2 green card is eligible for an NIW. What do I have to do? Here are some tips. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. In this classification system you fit when the prior employer withdraws job change after i140 approval I-140, or prior... 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