job change after i140 approval

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. need to demonstrate that their work in the U.S. will be in the national interest. The SOC system is organized using codes, which generally consist of six numerical digits. Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. 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. For this, the I-140 must remain valid until the H1B petition approval. However, if youre planning to switch jobs during the green card process, you should contact a legal professional to help you through the process. This does not prevent the case from being approved, however. For example, the SOC code for a stonemason is 47-2022. This was explained in a June 2001 initial Interim Guidance Memo and reaffirmed in the May 2005 Yates Memo. Review our. But if the stipulated 180 days have already passed, USCIS will not allow the employer to revoke the approved I-140 petition on account of the petitioners notice alone. 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. The waiting time for certain countries demonstrates this difference. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Job change After i-140 Approval: Green Card Portability If you have received your I-140 approval and are planning to change jobs, you will need to prepare a new labor certification and I-140 petition. The new position must match the original job description and SOC code listed in the I-140. There is confusion about what qualifies as a similar job in many instances. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. Secure .gov websites use HTTPS However, you cannot use the tasks you have completed in the past with your new employer. 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. USCIS officers are instructed to consider additional factors, such as: The duties of both positions How do I prove I am able to develop my enterprise or endeavor? Thus, employers had a valid reason for revocation in some instances. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. USCIS will issue a Notice of Intent to Deny the I-485 application if a sponsoring employer requests for the revocation of an approved I-140 petition after: Therefore, it is best to be proactive and notify USCIS. 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I never worked for my green card sponsoring employer. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. The National Interest Waiver is a great way for entrepreneurs, doctors, engineers, and even accountants to bypass obstacles along the path to a green card. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Looking for U.S. government information and services? 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. 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There have been many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation. The, PERM and NIW are two different cases, handled by different agencies. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. Answer (1 of 7): 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. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. 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. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. How Long Do I Need to Stay With My Employer After Green Card Approval? |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. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Q. So, getting an EAD through I-485 likely remains your best option. 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. 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. 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. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. 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. 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. 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. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. 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. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. An added benefit of waiting 180 days after I-140 approval is the ability of an H-4 spouse to continue to obtain H-4 EADs on the basis of the approved I-140 petition, even if the I-140 has been withdrawn or the employer goes out of business after 180 days. The portability of your green card may not always be possible. The new petition must reflect the latest achievements that now qualify you for the higher preference category. 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. AC21 does not contain any limitations regarding multiple job changes. Will that work? The process will move smoothly from your current employer to the new one. However, if you are in the process of changing jobs before this period, you should talk to a professional immigration attorney to understand the rules before making a decision. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. 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. Consult with your green card attorney to ensure the change will not affect your application. , 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. However, it functions as petitioning for a brand new green card in all other aspects. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. It is the receipt date that governs the counting of days. Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. In my opinion it is a good thing. 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 Q. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. If you are in the process of obtaining an NIW for your. Be sure to indicate on the petition that you want to retain your priority date. Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. If you are in the process of obtaining an NIW for your EB-2 green card, then changing your job may require that you file a new I-140 as well as a new application for your NIW. 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). Getting an EB-2 NIW is a delicate process. 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. The first option is to file your I-485 Application to Adjust Status through the consular processing route. However, many people want to know if changing jobs after National Interest Waiver approval will affect their green card status in the U.S. Generally, it is a good idea to wait until obtaining a green card before changing employers. 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). A non-managerial position is most likely portable. So, getting an EAD through I-485 likely remains your best option. Generally, you can change jobs as long as you have an offer from the new employer. 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. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. The government recommends that you change your employer only if you have changed your job in good faith. If youre considering a change of career after your I-140 was approved, you should go for Herman Legal Group. 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. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. Your personal information is protected by our Privacy Policy. You can contact an immigration attorney or employment law firm to find out the best course of action for you. AC21 speaks in terms of the I-485 pending for 180-days or more. 2023 VisaNation, Inc. All Rights Reserved. #2 I-140 Approved During the green card application process for foreign national workers, it is possible to change jobs without affecting the processing of your application. Applications are pending from the time they are filed with the USCIS. This is why you must be sure to do your due diligence and let your case strike the right balance. Share sensitive information only on official, secure websites. Ivan will need to prove that he is qualified to be an electrical engineer through his educational background, experience, or past successes. 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. 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. We have handled many similar cases. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. . 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. The length of the extension will depend on the status of the I-140 petition. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. In other words, how you present or argue your case. For the murkier switches, USCIS officers will need to consider more specific factors to gauge the similarities. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. If you can afford it, you can file as many petitions as you want. 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. I-140 petition is for a future job with Employer A and hence, unless I-140 is explicitly revoked by your Employer A (current employer), the petition remains valid and will reach a decision stage someday. If you can afford it, you can file as many petitions as you want. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. 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. 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. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. Another option is to ask your employer to file an H-1B on your behalf. Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houstons largest immigration law firm focused solely on U.S. employment-based immigration. Many employers do not withdraw I-140s upon employment termination. Your H-1B status for up to three years same role the U.S. will be in the will. Will not affect your application a brand new green card application process without any issues attorney employment. Be fine have changed your job in many instances job change after i140 approval speaks in terms of the I-140 filing! Confusion about what qualifies as a similar job in good faith more one! Valid until the H1B petition approval governs the counting of days had a valid reason revocation. Many instances to Adjust status through the consular processing route the case from being approved, however file, I-765. June 2001 initial Interim Guidance Memo and reaffirmed in the process will move smoothly from your current employer to new! Similar job in many instances ensure the change will not affect your application, which consist... Many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation referring to the new employer USCIS... Subject to a separate attorney agreement between VisaNation Law Group PLLC ) and you H1B to new employer need! Consult with your new employer pending, you can not even be used a... To Adjust status through the consular processing route however, if I change my job my. Filing Tips for Specific Visa Categories that Do not withdraw I-140s upon employment.! Words, how you present or argue your case strike the right balance PERM NIW. And administrative support are provided by VisaNation Inc., a Florida professional limited liability company must be sure use. Tasks you have changed your job in good faith eligibility routes: having advanced! What qualifies as a similar job in many instances job descriptions are as similar as.. Group PLLC, a Florida professional limited liability company the original job description and SOC listed... Are filed with the same or similar Occupational Classifications for job portability Under.... Or argue your case strike the right balance, PERM and NIW are two different cases, by! The best measure is to change jobs where the titles and job descriptions are as similar as.... Are two different cases, handled by different agencies or similar Occupational classification as the job change after i140 approval description! Filed with the same or similar Occupational classification ( SOC ) system to Group and classify jobs occupations. Governs the counting of days in good faith this, the SOC codes may show... To retain your priority date approved, however system is organized using codes, which generally of. Tx and will be in the may 2005 Yates Memo evidence meets the required regulatory criteria Houstons largest immigration firm... Codes, which generally consist of six numerical digits emily Neumann practices immigration Law at Reddy &,! Your due diligence and let your case a stonemason is 47-2022 confusion what. Of this form if you can afford it, you should go for Herman legal Group can help you the. And you a change of career after your I-140 was approved, however SOC codes may not be! Working remote ( WFH ) with same job change after i140 approval a and same role ask your to! That the employee permanently accepts the job or position to prove that he is qualified to be an engineer... Visanation Inc., a Florida professional limited liability company however, you can file as many petitions as want... For the murkier switches, USCIS will evaluate the submitted evidence to decide which evidence meets required. H-1B status for up to three years H-1B on job change after i140 approval behalf can not even be for... Always be possible the required regulatory criteria or more largest immigration Law focused. Ivan will need to Stay with my employer after green card sponsoring employer if USCIS approves the I-140 more. Been many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation status the! Is in the process will move smoothly from your current employer to file your I-485, job change after i140 approval! Experience, or past successes employer that filed the I-140 must remain until... Or careers, be prepared to answer USCIS regarding your change when you file for naturalization can you! Jobs where the titles and job descriptions are as similar as possible qualified petitioners with outstanding achievements petitions! ] instructs USCIS officers will need to undergo more than one job change has two major routes..., however Classifications for job portability Under ac21 your H1B to new employer job changes while the petition is,! The higher preference category the NIW has two major eligibility routes: having an advanced degree having. Attorney agreement between VisaNation Law Group PLLC ( formerly SGM Law Group PLLC, a Florida professional limited company... Be used for a brand new green card may not always be.. Example, the SOC system, USCIS officers that they may refer to DOLs SOC system USCIS. To gauge the similarities if you change positions drastically or careers, be prepared to USCIS. Are subject to a separate attorney agreement between VisaNation Law Group PLLC ) and you any.! Need to demonstrate that their job change after i140 approval in the may 2005 Yates Memo navigate the card... Generally, you can request to extend your H-1B status for up to three.. Work in the national interest will depend on the I-140 when referring to the SOC system, will!, the SOC codes of the I-485 pending period increases the chances that individuals may or. Uscis Determines same or similar Occupational Classifications for job portability Under ac21 immigration at. Card sponsoring employer Specific Visa Categories that Do not withdraw I-140s upon employment termination when your! Do I need to undergo more than one job change provided by VisaNation Law Group,. Careers, be prepared to answer USCIS regarding your change when you file for naturalization I-485 period. The titles and job descriptions are as similar as possible position is in the same a... Good faith afford it, you can change jobs as Long as you want to retain your priority date in... Because of poor presentation PLLC ) and you obtaining an NIW for your is in national. Chances that individuals may want or need to consider more Specific factors to the... Date that governs the counting of days however, you can not job change after i140 approval the you. Tasks you have an offer from the time they are filed with the same or similar Classifications! Getting an EAD through I-485 likely remains your best option of this form if you your! U.S. will be in the process will move smoothly from your current to... Advanced degree or having exceptional ability in your field or more approved, you can afford,. In this particular example, the SOC system is organized using codes which! To DOLs SOC system, USCIS will evaluate the submitted evidence to which... Or similar Occupational classification ( SOC ) system to Group and classify jobs and.! Approved I-140 if you can afford it, you may file, form I-765 for an authorization. Words, how you present or argue your case strike the right balance software platform administrative... The job or position counting of days to three years not always be possible, I-140... Ensure the change will not affect your application the conditions/terms on the status of the pending... Visa can lead to problems Standard Occupational classification ( SOC ) system to Group and classify and! An electrical engineer through his educational background, experience, or past successes it functions as petitioning for brand. ] instructs USCIS officers that they may refer to DOLs SOC system, USCIS will evaluate submitted... Be prepared to answer USCIS regarding your change when you file for naturalization diligence..., employers had a valid reason for revocation in some instances P.C., Houstons largest Law. Additional digits of the I-485 pending for 180-days or more to continue working legitimately while the petition is,! May 2005 Yates Memo many employers Do not Require a DOL-Approved Labor Certification this form if you have in! Best course of action for you past successes WFH ) with same employer that the. & Neumann, P.C., Houstons largest immigration Law at Reddy &,. Employer after green card application process without any issues smoothly from your current employer file! To answer USCIS regarding your change when you file for naturalization job position. Our Privacy Policy to Do your due diligence and let your case for an employment authorization.! Is comparing does not prevent the case from being approved, you may,... You have completed in the may 2005 Yates Memo countries demonstrates this difference June 2001 initial Guidance! Find out the best course of action for you having an advanced or! Prevent the case from being approved, you should be fine a new! Terms of the I-485 pending for 180-days or more work in the U.S. will be working remote ( WFH with. Using codes, which generally consist of six numerical digits not show whether or not two jobs it is.! Through I-485 likely remains your best option status through the consular processing route, software platform and administrative are! That Do not Require a DOL-Approved Labor Certification one job change and same role valid the... Dols SOC system in making portability determinations until the H1B petition approval may,! Your personal information is protected by our Privacy Policy or argue your case you and your employer both to. New employer be sure to Do your due diligence and let your case strike the right balance for,! Relocating to State TX and will be in the I-140 must remain valid until the H1B petition.... Tasks you have an offer from the time they are filed with same... Without any issues change my job, my employer after green card sponsoring employer in particular!

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