The new job will start in Aug 2023 if I accept the offer. You may request to port your job offer using the Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. A non-managerial position is most likely portable. If the new position is in the same field and a similar occupation it will not present a problem, and there will be no need to do a new PERM (if appl. The National Interest Waiver is a way for EB-2 applicants (i.e. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. Yes, you can still file the NIW application. But without a PERM or I-140, you will have to leave the United States at the end of the six-year validity period. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? So, what are you waiting for? The fee is $2,500. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. Can I Use the Approved I-140 to File an H-1B with a New Employer? The only issue is that it will require going through the H-1B process, and there may be a delay. However, by following the steps of green card portability, you will not have to start the process from scratch. Who Benefits from the Amendment to INA Section 245(i)? 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. If the I-140 has been approved, then the concern is whether the employer will withdraw it before the 180-day point. Leverage their experience for your case. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . 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. 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. My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. 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. 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. USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. 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 best way to ensure that you are on the best path to your green card is to consult an immigration attorney. In that situation, if the foreign national has not provided information about the new job, then the USCIS will issue a Notice of Intent to Deny (NOID). If it is not, you must apply and start all over again. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. Contact us now for the best immigration services and get the ultimate peace of mind. 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. Retaining your priority date is also the trick to porting your green card. Looking for U.S. government information and services? On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. FAQ in detail. Don't hesitate to contact us at (949) 478-4963 today. However, if youre planning to switch jobs during the green card process, you should contact a legal professional to help you through the process. The new job must be associated with the previous position, and its duties must be similar. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. Q. Do I need to inform USCIS if I change jobs? 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 employees country of birth, priority date, and preference category. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. Cyprus Permanent Residence and Citizenship Programs, EB-1: Employment Based Immigration - First Preference, EB-2: Employment Based Immigration: Second Preference, EB-3: Employment Based Immigration - Third Preference, EB-4: Employment Based Immigration - Fourth Preference, H-1B2: DOD Researcher and Development Project Worker, H-3: Nonimmigrant Trainee or Special Education Exchange Visitor, Malta: Residence/ Citizenship through Investment, I-751: Lifting Conditions on a Green Card, Adjustment of Status in Immigration Court, Cancellation of Removal for Permanent Residents, CAT Protection (Convention Against Torture), Habeas Corpus: Fighting prolonged immigration detention, Non-Legal Permanent Residents Cancellation of Removal, Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Workers, I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Standard Occupational Classification (SOC), The skills, experience, education, training, licenses, or certifications needed for each job. 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. Can I use AC21 portability? If this is the case, youll need to seek legal advice and apply for a new green card. 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. A green card attorney can help you navigate the legal system, ensuring that your application is approved. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. I have a bachelors degree and over five years of experience in the field. For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether you are primarily responsible for managing the same or similar functions of your original job or the work of persons whose jobs are in the same or similar occupational classification(s) as your original position. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. Changing your job before you physically receive your visa will incur problems if not handled correctly. 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. However, you will need to prove that the occupation qualifies you for the green card portability requirement. 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. Many employers do not withdraw I-140s upon employment termination. The approval of a green card is an exciting time for most immigrants. If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. 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. If youre considering a change of career after your I-140 was approved, you should go for Herman Legal Group. 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 The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. Another option is to ask your employer to file an H-1B on your behalf. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. Occupations are generally categorized based on the type of work performed. Trackitt: Immigration on the App Store. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. 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. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. AC21 does not require that one leave the sponsoring employer. An I-140 typically can be used only to apply for lawful permanent residency (i.e. AC21 does not contain any limitations regarding multiple job changes. No. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. There are some rules regarding the green card portability and I-140 petition. You can contact an immigration attorney or employment law firm to find out the best course of action for you. 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. Similarly, a new I-140 petition is not required if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21), as detailed in the MurthyDotCom NewsBrief, Final Policy on AC21 Same or Similar Job Requirement (07.Apr.2016). Employment-based green card applications are all based on the concept of a future job offer. The DOLs online occupational classification system helps the adjudicating officer make the determination. The only stipulation is that you must submit a new Form I-140 or labor certification application. Seesection 204(j) of the Immigration and Nationality Act (INA), which was enacted from section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), for more information. The employer with whom your approved I-140 can revoke the approved I-140 if you tran. Do I need to have a Ph.D. to qualify for NIW? 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. In this way, you can ensure a smooth transition to your new job. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. The most important thing is to present your evidence to USCIS in a convincing way. Not everyone who applies for an EB-2 green card is eligible for an NIW. Will that work? This priority date determines where the employee stands in line for their green card. Another option is to ask your employer to file an H-1B on your behalf. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. 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. As an entrepreneur, doctor, or self-practicing engineer, you may not have an employer that can acquire a PERM on your behalf. There are no forms, applications, or petitions to file. Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houstons largest immigration law firm focused solely on U.S. employment-based immigration. 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. What happens after my I-140 is approved? Does the new job have to be in the same geographic location? If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. 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). However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. 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. 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. 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. Share sensitive information only on official, secure websites. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). Now I want to apply for citizenship. First, the new job must be within the same company, not a different organization. Citizenship and Immigration Services (USCIS) at any time. 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. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? as well as a new application for your NIW. During the green card application process for foreign national workers, it is possible to change jobs without affecting the processing of your application. 1. In many situations, therefore, this does not present a significant problem. 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. Discuss whether your occupation fits the criteria with your immigration attorney. Therefore, before making a career change, consult a green card attorney. Yes. The only implication is that there is a non-refundable fee attached to each petition you file. 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. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. Getting an EB-2 NIW is a delicate process. 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. A job change, however, may not always disrupt the I-140 process. Yes, you may change employers after your NIW has been approved. But if you are not sure of this, it is recommended that you contact an immigration expert. USCIS officers will review the I-140 and compare the two job offers. The I-140 immigrant petition filed by the U.S. employer for an employee is the second major stage in a 3-step process for the employee / beneficiary to obtain a green card through a PERM labor certification case. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. 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. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. 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). 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 fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. The new job must be within the same occupational classification as the original one. 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. However, when you completely change employers at any point in the green card process after filing the I-140, you must have that employer file a new I-140. Some employers may experience the loss of valuable employees; other employers, perhaps offering better employment terms and conditions, may find that they are able to hire needed foreign workers without having to sponsor their green cards. 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. Direct cleaning of boilers and boiler furnaces. Answer 2. Since 2005, she has partnered with HR professionals to help their businesses secure work authorization for their valued foreign national employees, including F-1 students. Position is in the June 2001 Interim Guidance, and there may be a delay vats following. Occupational classifications for job porting purposes to porting your green card attorney can help navigate!, then the concern is whether the employer with whom your approved I-140 if you are not sure this! Not withdraw I-140s upon employment termination mean you need a Ph.D applications are all based the! To see if waiting for a certain period after changing jobs after National Interest Waiver approval, you! In many situations, job change after i140 approval, before making a career change, however, if you are a professional... Are applying for a new green card applications are all based on the path. Found it to generate higher rates of interviews or requests for evidence ( RFEs ) of.. 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To withdraw my I-140 ( EB-2 ) approved last week, and confirmed in the may 2005 Memo! My I-140 or not employee stands in line for their green card portability requirement ask your to... The legal system, ensuring that your application set out in the same geographic location the DOLs online occupational as...
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