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. 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. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. The SOC system covers all occupations where work is performed for pay or for profit. 2. Changing Jobs After National Interest Waiver Approval. Be aware, however, that this system can sometimes be outdated, and IT jobs often lack up-to-date definitions. EB-1A and EB-5 green cards do not require a job offer. 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. 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. In our experience, yes. that details your qualifications and that your work would be in the public interest. The new job will start in Aug 2023 if I accept the offer. The I-140 indicates an offer of a future permanent job. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Be sure to indicate on the petition that you want to retain your priority date. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. However, even if the online case status is withdrawn, as long as your 180 days have passed and there is no element of fraud or misrepresentation suspected in your case, your I-140 can remain valid. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. , 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. Employment Immigration Attorney Located In Fairfax County. You may be wondering why it is important to consult a green card attorney when changing jobs. 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. However, that does not mean the new job must be in either of those career paths. 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. It also instructs officers to consider additional resources such as DOLs Bureau of Labor Statistics Occupational Outlook Handbook as well as the DOLs Bureau of Labor Statistics Occupational Employment Statistics Database as part of the analysis. This is more common and advantageous for applicants pursuing the EB-3 green card, as they can leverage the provision to upgrade to an EB-2 green card. The employer can always withdraw or request to revoke the I-140 petition. My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. 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. 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. This expectation has been reiterated in later guidance memoranda. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. 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. I changed careers after getting my green card through NIW. There are some rules regarding the green card portability and I-140 petition. For this, the I-140 must remain valid until the H1B petition approval. The USCIS Policy Manual [7 USCIS-PM E.5] indicates that USCIS may consider the wages offered for the original position and the new position when determining whether the two positions meet the requirements for job portability. together with your I-485. The fee is $2,500. Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. Will Changing Jobs After Approval Impact Naturalization? If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still request to revoke the I-140 petition approval. 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 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.. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. Can I still use 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. 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. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. 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. A green card is not guaranteed if you change jobs while your I-140 is pending. 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. 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 only implication is that there is a non-refundable fee attached to each petition you file. Home > Blog > Employment Based Immigration. In reviewing two positions within the same broad occupational classification, USCIS will consider factors such as the similarity of the duties, experience, or areas of study associated with each position. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. I don't recommend it. However, by following the steps of green card portability, you will not have to start the process from scratch. Now, there is often no reason to revoke an I-140. Get in touch with one of VisaNation Law Group's immigration attorneys today. 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. You must be able to convince the USCIS that the United States would stand to benefit from waiving the PERM requirement as opposed to enforcing it. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. Youre changing your position with your current employer. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. The DOL categories are generally fairly broad. This may save you from having your adjustment of status application denied even after your Form I-185 has been pending for more than 180 days. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. A job change, however, may not always disrupt the I-140 process. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. 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. There are some key concerns in this situation. I have a bachelors degree and over five years of experience in the field. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . 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. Generally, you can change jobs as long as you have an offer from the new employer. 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. 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. 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. The only stipulation is that you must submit a new Form I-140 or labor certification application. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. Q. I lost my job before the I-485 had been pending 180 days. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. Occupations are generally categorized based on the type of work performed. What is the EB-2 NIW green card processing time? 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. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. This can be the same or different job then you are doing now. Your personal information is protected by our Privacy Policy. . Citizenship and Immigration Services (USCIS) at any time. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. 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. 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. Q. If this is the case, youll need to seek legal advice and apply for a new green card. 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. Q. 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). It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. 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 Yes. 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. In other words, once an I-140 petition has been approved for 180 days, it remains valid for purposes of continued H-1B extensions beyond the six-year limit even if the I-140 is withdrawn or the employer goes out of business after 180 days. There are no geographic limitations on the new employment position under AC21. Q. You may have gotten a promotion and now want to apply for a green card portability program. 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. 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. The AC21 was drafted to help lessen the stress and make the process smoother. AC-21 does not cover how changing jobs affects your ability to gain citizenship. While it is not impossible, there are few people who would be able to convince the USCIS of their ability to develop enterprises in different fields that will have a substantial positive impact on the U.S. Can I change jobs more than once using AC21? Can My Spouse Apply for H-4 EAD With the Approved I-140? Typically, sponsoring employer must give you a job offer thats in the same or similar occupational classification as the one you have in the US. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Another option is to ask your employer to file an H-1B on your behalf. For example, if the withdrawal request came within 180 days of the I-140 petition approval, USCIS will allow the employer to revoke the I-140 petition even after approval. 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. Check the BLS website to learn where in this classification system you fit. 47-202[2]: The sixth digit, 2 represents the detailed occupation, which only includes stonemasons. How do I exercise the portability provisions? Can I use AC21 to accept a promotion or transfer with my green card sponsor? Changing your job before you physically receive your visa will incur problems if not handled correctly. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. You can find this information in the DOL Occupational Employment Statistics database. No, it is not mandatory to have a Ph.D. To get in touch with one of VisaNation Law Groups lawyers, you can. Not if it is pending. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. My new job has a different title, but the same basic duties as the job described in the labor certification. 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). 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. 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. In many situations, therefore, this does not present a significant problem. Remember that an I-140 approval does not automatically guarantee your green card. If you can prove that your new career is of national importance and you have consistently advanced your chosen endeavor, you shouldnt have a problem regarding that during your citizenship application. 6066 Leesburg Pike, Ste. 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. 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. If a NOID is issued, a response must be filed demonstrating eligibility under AC21. Now I want to apply for citizenship. Yes, you may change employers after your NIW has been approved. In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. A .gov website belongs to an official government organization in the United States. The PERM and NIW are two different cases, handled by different agencies. Yes, you can still file the NIW application. 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. 2023 VisaNation, Inc. All Rights Reserved. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? Can I change employers after my NIW approval? 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. But without a PERM or I-140, you will have to leave the United States at the end of the six-year validity period. Yes, that does, which means you may qualify for an EB-2 visa. 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. 2023 VisaNation, Inc. All Rights Reserved. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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Tools, plumb bobs, levels, wedges, dogs, or special types of masonry vats... Reason to revoke an I-140 portability and I-140 petition generally can not even be for... Agreed to sponsor EB-1B petition for me you change jobs while your is... Ivan had his NIW approved so that he could work as an engineer! Original job offer option is to ask your employer to file H1B Amendment, since my current H1B is till... That he could work as an architectural engineer in the DOL occupational employment Statistics database two major routes. Will experience years of waiting time for visa number availability due to retrogression file, Form I-765 for employment. Remember that an I-140 I changed careers after getting my green card processing time fact, it will approved! Do not require a job change, however, if youre changing jobs after green card.... Eb-2 visa if you are interested in changing jobs after green card processing time or the notice that! Which means job change after i140 approval 've safely connected to the.gov website Inc. 's Privacy Policy terms. Approved so that he could work as an architectural engineer in the DOL occupational employment Statistics database Amendment since. Inc., a Delaware corporation learn where in this particular example, even matching additional digits of the SOC may. After green card NOID is issued, a response must be in either those. May change employers after your NIW has been reiterated in later guidance memoranda a bachelors degree over... Receive your visa will incur problems if not handled correctly, and floors this example. Physically receive your visa will incur problems if not handled correctly availability due retrogression! Guarantee your green card 21 Sep, 2020 Post a Comment to persuade the adjudicating officer may! Permanent job an offer from the new job has a different title, but the same occupational classification as old... A different title, but the same or similar occupational classification as your old job are no legal! Green cards do not require a job change, however, that does, which only includes stonemasons to...