After 180 days, you can change your employer or job. 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. I changed careers after getting my green card through NIW. 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 any case, you should consult a green card attorney in these types of dilemmas. No occupation will be assigned to more than one category with six digits. The new job will start in Aug 2023 if I accept the offer. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. This will not disrupt your immigration process. No. ALERT: USCIS has expanded premium processing services to include certain previously filed and newly filed Form I-140 petitions requesting E13 classification for multinational executives and managers and E21 national interest waiver (NIW) classification. 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. Job change after i-140 approval may affect green card portability depending on a few factors. 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. Yes. Can I use AC21 portability? However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. However, in certain cases, it is possible to change jobs after your I-140 has been approved. First, you must notify the USCIS if you have changed your employer. Changing jobs after a green card approval throws a wrench into an already complicated process. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. What is USCIS two-part evaluation for an NIW petition? This is a simple application to adjust your status based on the green card petition you filed. While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated. 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. However, that does not mean the new job must be in either of those career paths. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. The best proof that a job offer is valid, however, is working for the sponsor. Moreover, a job change may affect your N-400. To get in touch with one of VisaNation Law Groups lawyers, you can. eb1c trackitt Premium Processing for some I140 petitions is a service provided by USCIS that offers 15 day processing for certain I-140 petitions and applications. Can I change employers after my NIW approval? 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. 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. 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. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. There is confusion about what qualifies as a similar job in many instances. However, gaining citizenship later will be difficult because of the problematic job change. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers. However, many wonder how long they must stay with their employer without facing penalties or jeopardizing their green card application process. 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. 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 This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. 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. 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. Another option is to ask your employer to file an H-1B on your behalf. For example, USCIS may become suspicious if you work as a medical professional, and after receiving your green card you start working as an account. 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. 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. 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. This is often possible even after the expiration of the individuals 6-year H1B period, since, under a USCIS opinion letter, the law permits extensions beyond the 6-year limitation with employer B based on a qualifying green card case previously filed with employer A.. 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. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. 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. Changing too quickly after approval and without proper reasoning or documentation could indicate that you are using this employer to get a green card rather than contribute as described in the petition. 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. 6066 Leesburg Pike, Ste. Q. , 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. This will also involve attending the interview abroad. We have all learned a lot about AC21 since it became law in October 2000. The new job must be in the same or similar occupational field as the previous job in the original I-140 petition, and the employer must have the actual intent to employ the beneficiary after their adjustment of status is completed. 703.348.8448 | Fax. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. You can find this information in the DOL Occupational Employment Statistics database. 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. You may also file. 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. If your new job is within the same or similar occupational classification as your old one, you may be able to transfer your green card to it. How Do I Prevent Discrimination as an Employer? have a long track record of success in helping people get their EB-2 green cards with the NIW or without it. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. You should do this before filing your I-140. When your I-140 petition is approved, your chances of approval based upon portability are better. Therefore, they would not be able to change jobs outside their field after NIW approval. Answer 2. We have handled many similar cases. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. Although the NIW requirements, as in the Matter of Dhanasar, 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. You are required to notify USCIS of any address changes within ten days of your address change (unless you permanently depart the U.S. or become a U.S Citizen). 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. 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. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. 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. 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. Assist in testing assembled vessels. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. It is extremely difficult to replace an approval notice. I-140, Immigrant Petition for Alien Workers. together with your I-485. 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. Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. For example, the SOC code for a stonemason is 47-2022. Can My Employer Revoke My I-140 After USCIS Approved It? 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. 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. However, if you are currently holding your green card in your hands, you can change jobs without notifying the USCIS. Ivan will need to prove that he is qualified to be an electrical engineer through his educational background, experience, or past successes. 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. There are no forms, applications, or petitions to file. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? 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. Keep in mind that the employer can withdraw the I-140 at any time. However, it functions as petitioning for a brand new green card in all other aspects. You may be wondering why it is important to consult a green card attorney when changing jobs. 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. Occupational Classification is determined by the Department of Labor. The first option is to file your I-485 Application to Adjust Status through the consular processing route. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. It was a future job offer. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. To get in touch with one of VisaNation Law Groups lawyers, you can fill out this simple contact form and schedule your comprehensive consultation today. This expectation has been reiterated in later guidance memoranda. If thats you, keep reading to find out more. The new petition must reflect the latest achievements that now qualify you for the higher preference category. Therefore, before making a career change, consult a green card attorney. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. 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. However, if the green card category you are pursuing does not have the option of premium processing (such as the EB-1C), H-1B time recapturing, according to S. 31.3 (g)(9) and (14), is another option you can leverage. For example, the SOC code for a stonemason is 47-2022. How do I exercise the portability provisions? 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. To qualify, you need to show that the job change reflects your normal career progression. Do I need to have a Ph.D. to qualify for NIW? The first thing is to determine if your job is in the national interest. The I-140 approval process does not guarantee that you will receive a green card. 2023 Murthy Law Firm. 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. 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. Yes, you may change employers after your NIW has been approved. If a NOID is issued, a response must be filed demonstrating eligibility under AC21. Another option is to ask your employer to file an H-1B on your behalf. 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. 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. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. 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. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. 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