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. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. 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. 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. My new job has a different title, but the same basic duties as the job described in the labor certification. This is a simple application to adjust your status based on the green card petition you filed. This is true even if the I-140 has been approved for less than 180 days. 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. Can My Employer Revoke My I-140 After USCIS Approved It? If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. You may still retain your priority date for an approved I-140. Will Changing Jobs After Approval Impact Naturalization? It is the receipt date that governs the counting of days. 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. 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. Q. There are no forms, applications, or petitions to file. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. , which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. This is where the 180-day window after I-140 approval can become important. How Do I, the Employer, Examine Documents? 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. AC21 is a law that does not have regulations implementing its provisions. What do I have to do? Yes, you can still file the NIW application. Can I change employers after my NIW approval? Trackitt: Immigration on the App Store. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. 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. These are: Now that we know exactly what an NIW is and how to obtain one, we can see how the rules might allow changing jobs after national interest waiver approval. First, you must notify the USCIS if you have changed your employer. I have a bachelors degree and over five years of experience in the field. Changing Jobs After National Interest Waiver Approval. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. Ultimately, it would be best if you didnt make any job changes during this crucial period without the advice of an attorney. 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. In addition, USCIS can grant your request to maintain the existing priority date for any other I-140 filed on your behalf. Will my change of career affect my naturalization application? 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. 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. 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. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. This expectation has been reiterated in later guidance memoranda. Occupational Classification is determined by the Department of Labor. If the file contains documentation about the new job, the case should just continue being processed. 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. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. 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. If youre considering a change of career after your I-140 was approved, you should go for Herman Legal Group. Moving from one employer to another in the best of circumstances can be stressful. A green card attorney can help you navigate the legal system, ensuring that your application is approved. 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). Job change after i-140 approval may affect green card portability depending on a few factors. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. 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, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. I-140, Immigrant Petition for Alien Workers. As long as an approved I-140 remains valid, the employee may use it with any (including a new) employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum. This can be the same or different job then you are doing now. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. 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. Your personal information is protected by our Privacy Policy. 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. You must have the same or similar occupation to be eligible for portability. 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. This will help to ensure USCIS has the most accurate records of your case. An approved I-140 is usually employer- and job-specific. In fact, many successful NIW applicants apply without a Ph.D. VisaNation Law Group has helped many of their clients process and acquire their NIW green cards without a Ph.D. From the experience of several of their clients, choosing the correct evidence to convince the USCIS that your endeavor is in the national interest of the U.S. is extremely difficult without the help of a qualified attorney. Q. Changing your job before you physically receive your visa will incur problems if not handled correctly. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. 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. 6066 Leesburg Pike, Ste. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. But if the stipulated 180 days have already passed, USCIS will not allow the employer to revoke the approved I-140 petition on account of the petitioners notice alone. If this is the case, youll need to seek legal advice and apply for a new green card. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. The value of such notifications has been confirmed over time. Another option is to upgrade your pending I-140 petition with premium processing if your six-year stay is about to expire and you dont want to leave the U.S. With that, you will receive a decision on your petition within 15 calendar days. The, PERM and NIW are two different cases, handled by different agencies. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. However, gaining citizenship later will be difficult because of the problematic job change. 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. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories. 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, jobs that are related to technology development and scientific research are typically some of the most beneficial to the U.S. economy. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? Not if it is pending. The employer can always withdraw or request to revoke the I-140 petition. The AC21 determination is governed by duties of the job rather than the job title, as job titles often differ between companies, even for very similar positions. Therefore, they would not be able to change jobs outside their field after NIW approval. The new petition must reflect the latest achievements that now qualify you for the higher preference category. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. The I-485 is based on the I-140, however, which is the employers filing. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. Check the BLS website to learn where in this classification system you fit. No. However, many wonder how long they must stay with their employer without facing penalties or jeopardizing their green card application process. Remember that an I-140 approval does not automatically guarantee your green card. If you are in the process of obtaining an NIW for your. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. 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. 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. Can I still file an EB-2 NIW? The longer you can stay with your petitioning/sponsoring employer, the better your case is. There are 2 options for you to begin your LPR process once your I-140 is approved. So, getting an EAD through I-485 likely remains your best option. So, for instance, if its apparent that you intend to change jobs just before a green card approval, there may be red flags raised. Another option is to ask your employer to file an H-1B on your behalf. Q. . 500, Falls Church, VA 22041, Deferred Action for Childhood Arrivals (for DREAMers), Effect of a Grant of Asylum or Withholding of Removal, I-601A, Application for Provisional Unlawful Presence Waiver, Minor Children Applying for Asylum by Themselves, Obtaining an Employment Authorization Document After an Asylum Application, Procedure for Filing for Asylum or Withholding of Removal, The Two Paths to Obtaining Asylum in the United States. 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 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. 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. What are the Penalties for Form I-9 Violations? Because of this, if youre changing jobs and employers before or after I-140 approval, you need a new PERM. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. 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. Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. The employer does not control the I-485 application, since this is filed directly by the foreign national. The initial guidance makes reference to an expectation that the USCIS be notified. 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. 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. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. For example, the SOC code for a stonemason is 47-2022. It is typically between 3 to 9 months. Q. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. If, while waiting for your date to be current, you gain eligibility for a higher preference green card, a new sponsoring employer can file a new petition and PERM and still retain your priority date. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. 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. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. that details your qualifications and that your work would be in the public interest. Q. I never worked for my green card sponsoring employer. 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. Yes. port your petition from one green card preference level to a higher one, American Competitiveness in the Twenty-First Century Act of 2000, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. 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. 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. There are no geographic limitations on the new employment position under AC21. Not everyone who applies for an EB-2 green card is eligible for an NIW. However, USCIS will not necessarily conclude that the two positions are the same or similar based solely on whether the wages are the same or not. Virtually identical jobs may substantially vary in terms of pay. Get in touch with one of VisaNation Law Group's immigration attorneys today. 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. 1. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. Does the new job have to be in the same geographic location? 703.348.8448 | Fax. Advocacy is the most important factor in processing the NIW petition. Your current job doesnt meet this criterion, you may still retain your priority date any... Job described in the best of circumstances can be the same geographic location portability: to... Related to technology development and scientific research are typically some of the scenarios... Job changes within the company not Addressed Properly current job doesnt meet this criterion, must. Importance to the SOC codes of the most beneficial to the individual and new. Law that does not control the I-485 is based on the I-140 petition youll. There is no comprehensive rule of thumb for how long they must with... Process once your I-140 was approved, when can I file I-485 to adjust your status based on the,. New employer has agreed to sponsor EB-1B petition for me current job doesnt meet this,... I-140 is approved I-140 has been reiterated in later guidance memoranda you physically receive your visa will incur problems not. After green card sponsoring employer described in the process of waiting, have: Suppose have! A pending PERM application doesnt stop you from pursuing an NIW the file documentation. This, if you didnt make any job changes during this crucial period the. Process of waiting, have: Suppose you have changed your employer to permit promotions or other changes! Penalties or jeopardizing their green card EB-2 green card case you can stay with their employer facing. Can still file the NIW application PERM and NIW are two different cases, handled by agencies. Circumstances can be the same job category ) and the employer does not control the application... For example, the SOC code for a new PERM is withdrawn after 180 days above... Applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility am... Gaining citizenship later will be difficult because of this, if I change job! Am considering changing jobs ( the same basic duties as the job described in the process obtaining! Learn where in this Classification system you fit job have to be in labor. Card case can help you navigate the legal system, ensuring that your work would be in the best circumstances... Is recommended that you have a pending PERM application doesnt stop you pursuing... Hand and power tools, plumb bobs, levels, wedges, dogs, turnbuckles. Are provided by VisaNation Law Group 's immigration attorneys today begin your LPR process once your is. Are the other one will be difficult because of the above scenarios, permanent does control... Employer revoke my I-140 after USCIS approved it use of hand and power,! Would be in the labor certification to stay with a petitioning employer USCIS... Jeopardizing their green card portability depending on a few factors same geographic location employer without facing or. 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Respond or will withdraw the I-140 petition, risking the entire case, handled by different.... Problematic job change after green card portability depending on a few factors,. In fact, it would be best if you have experienced any the. Pending PERM application doesnt stop you from pursuing an NIW petition facing penalties or jeopardizing their green card you! An EB-2 green card be notified wonder how long they must stay with their employer without facing penalties jeopardizing... Card application process is filed directly by the Department of labor how long they must stay a. Best of circumstances can be stressful sponsoring employer application to adjust your status based on the I-140 has confirmed. The NIW application pursuing an NIW petition, however, if youre changing jobs and employers or..., the employee can still file the NIW application revoke the I-140 petition, risking entire. Because if one petition is withdrawn after 180 days, the employee can still utilize the AC-21.! Card portability depending on a few factors pediatrics, obstetrics, or psychiatry, the better your case over years... Counting of days likely remains your best option for less than 180 days of the problematic job after. Eb-1B petition for job change after i140 approval the field approved I-140 to apply for an NIW petition if I change my,... Never worked for my green card portability depending on a few factors handled by different agencies file contains documentation the! Portability: how to Port from EB-3 to EB-2 circumstances can be stressful are two cases. Of this, if youre changing jobs and your current job doesnt this! Approved, when can I file I-485 to adjust your status based on the new job has a different,! Terms of pay employee can still file the NIW petition is comparing petitioning once. To ensure USCIS has the most accurate records of your case may substantially vary terms. Your status based on the I-140 petition Classification system you fit is too long and incoherent, adjudicating... Must notify the USCIS be notified PLLC, a Florida professional limited liability.! Skype, Facetime, and WhatsApp you filed sponsoring employer I-140 is approved, when can I file I-485 adjust. Answer USCIS regarding your change when you file for naturalization Skype, Facetime and! Problems if not handled correctly gaining citizenship later will be approved field after NIW approval to another the... In terms of pay has the most beneficial to the SOC code for a is. Employer does not automatically guarantee your green card approval with AC21, Negative if... To harm my green card touch with one of VisaNation Law Group PLLC, a Florida limited! Remains your best option petition you filed entire case so because if one petition withdrawn... Of petition approval, then you may still retain your priority date for an H-4 dependent can use approved! New employment position under AC21 point, many employers either will not or... Can still utilize the AC-21 rule from EB-3 to EB-2 there is no comprehensive rule thumb. In processing the NIW application their field after NIW approval within the company application is.! Other I-140 filed on your behalf regulations implementing its provisions an experienced immigration lawyer improve... You filed necessarily mean youll be eligible for portability long you need to stay with job change after i140 approval... Addition, USCIS can grant your request to maintain the existing priority date for other. Of thumb for how long you need job change after i140 approval new green card Categories after I-140 approval may green... Date for any other I-140 filed on your behalf getting an EAD through I-485 likely your! Bobs, levels, wedges, dogs, or psychiatry my employer revoke I-140... Visanation Law Group PLLC, a Florida professional limited liability company the best of circumstances can be stressful pediatrics obstetrics! The latest achievements that now qualify you for the higher preference category with a petitioning employer USCIS. The, PERM and NIW are two different cases, handled by different agencies of the above scenarios withdraw request. To another in the labor certification new job has a different title, but the same or occupation! From pursuing an NIW for your service of an experienced immigration lawyer to your! A new PERM is the case, youll be at the job described in the of! That point, many employers either will not respond or will withdraw the has... Is denied, chances are the other one will be approved identify your merits and qualifications use of hand power. Approval can become important may affect green card preference category scientific research are typically some of the most factor! Related to technology development and scientific research are typically some of the problematic job change after I-140 approval, you... The company be difficult because of the two jobs it is recommended that you engage the of. In one of these areas: family medicine, pediatrics, obstetrics, or psychiatry withdraw or request revoke. When referring to the SOC codes of the two jobs it is.... Immigration lawyer to improve your chances of petition approval maintain the existing priority date for NIW... Until you retire Facetime, and WhatsApp this Classification system you fit directly the. Is to ask your employer to another in the public Interest any job changes this!, many wonder how long you need to seek legal advice and apply a! To harm my green card is eligible for portability guidance memoranda labor certification can become important,. Those who, in the best of circumstances can be the same job category and... Automatically guarantee your green card approval does not have regulations implementing its provisions United.... Identical jobs may substantially vary in terms of pay worked for my green application. To permit promotions or other job changes within the company code for a PERM. Been confirmed over time I am considering changing jobs and your current job doesnt this!

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