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. The best proof that a job offer is valid, however, is working for the sponsor. Q. On the bright side, by indicating on the new petition that you would like to retain the priority date of your original petition, you can avoid having to restart the priority date waiting time. This will not disrupt your immigration process. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. 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. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. An I-140 typically can be used only to apply for lawful permanent residency (i.e. 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. 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. What is Temporary Protected Status (TPS)? 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. Know the rules about green card portability before you change jobs. While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated. 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. This is where the 180-day window after I-140 approval can become important. A new job must also be in the same occupational classification as the job petitioned for. This priority date determines where the employee stands in line for their 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 If youre considering a change of career after your I-140 was approved, you should go for Herman Legal Group. For example, the SOC code for a stonemason is 47-2022. The first stage is the PERM filing with the U.S. Department of Labor (DOL), when the employer must establish that no qualified U.S. worker is available for the position. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. 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. 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. Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. The new position must match the original job description and SOC code listed in the I-140. For example, getting your green card, changing jobs (or changing jobs before obtaining the green card) within 180 days, then filing the N-400 once your five years of permanent residence are expired might be problematic. Dont go it alone, be sure to hire an expert to help you with your case. 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. Before you can apply for green card portability, you must have an approved form I-140. , which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. 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. However, if the I-140 is still pending, you can only request a one-year H-1B extension, provided your PERM has been filed for at least 365 days. How long it takes to get i-140 approved? 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. In addition, USCIS can grant your request to maintain the existing priority date for any other I-140 filed on your behalf. This can be the same or different job then you are doing now. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? 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, the new job must be within the same company, not a different organization. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. However, in certain cases, it is possible to change jobs after your I-140 has been approved. Who is Eligible for Withholding of Removal? How Do I, the Employer, Examine Documents? Generally, it is a good idea to wait until obtaining a green card before changing employers. Get in touch with one of VisaNation Law Group's immigration attorneys today. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. You should do this before filing your I-140. To continue working legitimately while the petition is pending, you may file Form I-765 for an employment authorization document together with your I-485. All Rights Reserved. Can I still use portability? 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. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. . Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. 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. Does that qualify me to meet the advanced degree criteria? However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . 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. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? 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. 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. Retaining your priority date is also the trick to porting your green card. Your new position should be in the same or similar occupational classification. Can I change employers after my NIW approval? As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. The only implication is that there is a non-refundable fee attached to each petition you file. If the file contains documentation about the new job, the case should just continue being processed. 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. Now, there is often no reason to revoke an I-140. 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. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. There are 2 options for you to begin your LPR process once your I-140 is approved. Citizenship and Immigration Services (USCIS) at any time. There could be a number of reasons USCIS denied your National Interest Waiver request, including: If your request is denied by the USCIS, you may be able to appeal the decision with help from your immigration representative. 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. 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. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. Will my change of career affect my naturalization application? Will that work? 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. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. 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. In all green card cases (with the exception of the EB-1A), the first step is to acquire a PERM Labor Certification, which involves having your employer go through a recruiting process to make sure that no qualified U.S. workers are available for your position. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. No. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. For example, the SOC code for a stonemason is 47-2022. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. 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. Answer 2. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. ANSWER Watch the Video on this FAQ: Job Change after I-140 Approval, Before I-485 Submission Video Transcript You have to start your green card all over again, no question about that. 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). FYI Once I-140 is approved from current employer wait till 6 months after approval date and then you can plan to move to different company or stay if you want in your current company.After 6 months even if the company revokes it there is no effect to you and you can use that approval to extend your h1b visa in future. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. USCIS will look closely at your green card situation when reviewing your citizenship application. The length of the extension will depend on the status of the I-140 petition. To get in touch with one of VisaNation Law Groups lawyers, you can. A non-managerial position is most likely portable. 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. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. Who is Prohibited from Asylum and Withholding of Removal? 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. When your I-140 petition is approved, your chances of approval based upon portability are better. For this, the I-140 must remain valid until the H1B petition approval. However, many people want to know if changing jobs after National Interest Waiver approval will affect their green card status in the U.S. 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. So, getting an EAD through I-485 likely remains your best option. We have all learned a lot about AC21 since it became law in October 2000. 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 employee's country of birth, priority date, and preference category. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. AC21 is a law that does not have regulations implementing its provisions. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. This is a simple application to adjust your status based on the green card petition you filed. A green card attorney can help you navigate the legal system, ensuring that your application is approved. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. This can be done electronically using Form AR-11 . Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. 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. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 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. Contact us now for the best immigration services and get the ultimate peace of mind. What happens after my I-140 is approved? 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. Do I need to inform USCIS if I change jobs? When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. The term port or porting means to change the offer of employment from one job or employer to another job or employer in a way that allows an applicant to remain eligible for a Green Card without having a new Form I-140, Immigrant Petition for Alien Worker filed, for the applicant. 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