job change after i140 approvaljob change after i140 approval

Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. However, by following the steps of green card portability, you will not have to start the process from scratch. However, you cannot use the tasks you have completed in the past with your new employer. However, there is no specific rule for matching any particular order of digits in two SOC codes. Your PERM is for a distinct position for a specific employer in a particular geographic location. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. We have all learned a lot about AC21 since it became law in October 2000. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. So, what are you waiting for? This means the I-140 and the I-485 may be filed at the same time, or the I-140 may be filed first; the I-485 may be filed while the I-140 is still pending. Can I still use portability? The AC21 (The American Competitiveness in the Twenty-First Century Act of 2000) has a few essential provisions centered on job flexibility for adjustment of status applicants who face long or delayed processing times. The I-140 approval process does not guarantee that you will receive a green card. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. No, it is not mandatory to have a Ph.D. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. , which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. AC21 is a law that does not have regulations implementing its provisions. For example, the SOC code for a stonemason is 47-2022. 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. Remember that an I-140 approval does not automatically guarantee your green card. All Rights Reserved. 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. A green card is not guaranteed if you change jobs while your I-140 is pending. What is the three-pronged test set by USCIS? [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. 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. Q. If your petition to port the green card application from one job offer to another is successful, you can successfully change jobs without worrying about losing your place in line for a green card. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? Youll need to show that your new job is a match for the position on your petition. One of the primary potential problems arises if an RFE is issued. 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). 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. 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. Ultimately, it would be best if you didnt make any job changes during this crucial period without the advice of an attorney. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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. You may file your I-140 for NIW and I-485 for status adjustment concurrently (together at the same time). As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. As long as you follow certain rules, you can switch jobs while your I-140 is pending. 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. 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? Therefore, before making a career change, consult a green card attorney. What is the EB-2 NIW green card processing time? Do I Have to Notify USCIS of My Decision to Change Jobs? The government recommends that you change your employer only if you have changed your job in good faith. Processing times vary as USCIS evaluates each application on a case-by-case basis. Changing Jobs After National Interest Waiver Approval. 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. Meeting the above requirements does not mean you have automatically ported from one green card to another. In my opinion it is a good thing. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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). Citizenship and Immigration Services (USCIS) at any time. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. 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. The AC21 was drafted to help lessen the stress and make the process smoother. Yes, you may use the approved I-140 petition to request an H-1B extension and/or change of employer as long as the I-140 remains valid. 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. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. Your Form I-485 Application to Register Permanent Residence or Adjust Status must have been pending for at least 180 days, and your Form I-140, Immigrant Petition for Alien Workers must have been approved or filed together with the I-485. However, once 180 days have passed following approval of the I-140 petition, the USCIS will not revoke the I-140 petition solely based on the petitioners request for the withdrawal of the petition. Q. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. The only implication is that there is a non-refundable fee attached to each petition you file. Now, there is often no reason to revoke an I-140. The new job will start in Aug 2023 if I accept the offer. In other words, an employee who is currently being sponsored by one employer can look for a different employer without having to abandon their current application for a green card. Copyright 2019, MURTHY LAW FIRM. And how do I continue to work lawfully while the petition is pending? 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. Do I need to have a Ph.D. to qualify for NIW? The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. 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. 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. Answer (1 of 2): Yes, you can. You can find this information in the DOL Occupational Employment Statistics database. 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. 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. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. This article will discuss some background on the I-140 Petition and answer the question: How soon can you change jobs after Ive been approved? Be sure to indicate on the petition that you want to retain your priority date. 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. Dont go it alone, be sure to hire an expert to help you with your case. 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. Depending on the circumstances, the USCIS may favor the new job over the former one. 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. 2023 VisaNation, Inc. All Rights Reserved. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. 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. A .gov website belongs to an official government organization in the United States. AC21 does not require that one leave the sponsoring employer. AC21 does not contain any limitations regarding multiple job changes. Discuss whether your occupation fits the criteria with your immigration attorney. Answer 2. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. A green card attorney as USCIS evaluates each application on a case-by-case basis at any time crucial period the... Counting the days from the filing of their I-485s, awaiting AC21 eligibility card is not only... To an official government organization in the Twenty-First Century Act, commonly referred to as AC-21, provided flexibility. 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