Generally, you can change jobs as long as you have an offer from the new employer. 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. Moving from one employer to another in the best of circumstances can be stressful. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Occupations are generally categorized based on the type of work performed. 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. The employer does not control the I-485 application, since this is filed directly by the foreign national. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. What are the risks? And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. Who is Eligible for Withholding of Removal? To get in touch with one of VisaNation Law Groups lawyers, you can. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. 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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. You may have gotten a promotion and now want to apply for a green card portability program. It is the receipt date that governs the counting of days. 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. A job change, however, may not always disrupt the I-140 process. If you can afford it, you can file as many petitions as you want. 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. The priority date is the date the PERM labor certification is filed, or for schedule A workers, the date the I-140 petition is filed. 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. 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. 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. What is important is that you continue to satisfy the. The AC21 was drafted to help lessen the stress and make the process smoother. Yes, you may change employers after your NIW has been approved. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. Secure .gov websites use HTTPS My new job has a different title, but the same basic duties as the job described in the labor certification. So, what are you waiting for? You must also keep in mind that the period starts right from the receipt date of I-485. as well as a new application for your NIW. |All Rights Reserved|, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial. Q. 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. AC21 speaks in terms of the I-485 pending for 180-days or more. 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. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. No, it is not mandatory to have a Ph.D. Withdrawal/Revocation of I-140 If an I-140 is withdrawn or revoked before 180 days, then the I-140 petition is no longer valid and cannot be ported to a new employer, even after 180 days under the AC-21 rule. Youll need to show that your new job is a match for the position on your petition. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. The fee is $2,500. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. . 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. 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. 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. 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. Who is Not Protected under INA Section 245(i)? Who Benefits from the Amendment to INA Section 245(i)? 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. An approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. Generally, it is a good idea to wait until obtaining a green card before changing employers. No. 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. VisaNation Law Groups immigration lawyers have a long track record of success in helping people get their EB-2 green cards with the NIW or without it. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. After all, changing jobs is a common problem for immigrants, and we understand how to make your case compelling and help you obtain the green card you deserve. As an entrepreneur, doctor, or self-practicing engineer, you may not have an employer that can acquire a PERM on your behalf. FAQ in detail. The initial guidance makes reference to an expectation that the USCIS be notified. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? This expectation has been reiterated in later guidance memoranda. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. 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. Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. 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. What green cards bypass the labor certification process and allow me to self-petition? AC-21 does not cover how changing jobs affects your ability to gain citizenship. We have the tools and resources needed to help you find a solution. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. Familiarity with these rules should help in making informed decisions about a possible change to a new employer or a new position with the same employer. 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. The I-140 must remain intact until the I-485 reaches the 180-day point. In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. You may be wondering why it is important to consult a green card attorney when changing jobs. My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. This field is for validation purposes and should be left unchanged. that details your qualifications and that your work would be in the public interest. An approved I-140 is usually employer- and job-specific. 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. The only issue is that it will require going through the H-1B process, and there may be a delay. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? method to determine whether the evidence submitted by an NIW petitioner establishes that the proposed endeavor will be national in scope and whether the national interest will be adversely affected if a Labor Certification were required. First, USCIS will evaluate the submitted evidence to decide which evidence meets the required regulatory criteria. Our immigration attorneys are often asked a lot of questions about this topic. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. 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. It is an issue of significant importance to foreign national workers. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. Q. This extended duration of the I-485 pending period increases the chances that individuals may want or need to undergo more than one job change. In any case, you should consult a green card attorney in these types of dilemmas. 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. Schedule a consultation today with an expert attorney by calling 1-800-808-4013 or 1-216-696. Employment Immigration Attorney Located In Fairfax County. 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. Will Changing Jobs After Approval Impact Naturalization? Yes, you may change employers after your NIW has been approved. Virtually identical jobs may substantially vary in terms of pay. You may also file. Therefore, they would not be able to change jobs outside their field after NIW approval. 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). 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. 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. Though, this time greatly depends on the assigned USCIS Service Center and the adjudicating officer. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. However, if your job offer is not in the same occupational classification as your current position, you will need to file for a new I-140 petition and PERM labor certification with the same broad occupational code. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. 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). The safe approach is to avoid this scenario by working for the sponsoring employer. Youre changing your position with your current employer. Ivan will need to prove that he is qualified to be an electrical engineer through his educational background, experience, or past successes. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. No. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. 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. 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. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. 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. Are no specific legal requirements as to what, if anything, has to be filed when is! Will experience years of waiting time for visa number availability due to the sensitive nature of changing jobs your... Pursuing an NIW is approved, when can i file I-485 to my... Workers into distinct occupational categories importance to foreign national approved last week, and there may be a practicing in! The submitted evidence to decide which evidence meets the required regulatory criteria received a 10 best Award Client! 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