A green card is not guaranteed if you change jobs while your I-140 is pending. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. 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 Because no I-485 application has been filed, an H-1B transfer petition must be filed by the new employer in order for the employee to begin work. . Also, the employer will be exposed to the possibility of an audit. In my opinion it is a good thing. This is where the 180-day window after I-140 approval can become important. port your petition from one green card preference level to a higher one, American Competitiveness in the Twenty-First Century Act of 2000, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. You must also keep in mind that the period starts right from the receipt date of I-485. We have the tools and resources needed to help you find a solution. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. I changed careers after getting my green card through NIW. 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. Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. 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, if your first job offer is to work as a veterinarian and you want to switch over to a job offer as an IT worker, you will most likely NOT be within the same occupational classification. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. Leverage their experience for your case. What green cards bypass the labor certification process and allow me to self-petition? 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. 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. If you are in the process of obtaining an NIW for your. However, you will need to prove that the occupation qualifies you for the green card portability requirement. 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, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. To get in touch with one of VisaNation Law Groups lawyers, you can fill out this simple contact form and schedule your comprehensive consultation today. This does not prevent the case from being approved, however. Therefore, before making a career change, consult a green card attorney. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. 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. 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. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. 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. USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. Another option is to ask your employer to file an H-1B on your behalf. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. The portability of your green card may not always be possible. So, getting an EAD through I-485 likely remains your best option. Not everyone who applies for an EB-2 green card is eligible for an NIW. 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. However, if you are currently holding your green card in your hands, you can change jobs without notifying the USCIS. However, that does not mean the new job must be in either of those career paths. as well as a new application for your NIW. No. 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. 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. Can I change employers after my NIW approval? Do I need to inform USCIS if I change jobs? Changing jobs after a green card approval throws a wrench into an already complicated process. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. Advocacy is the most important factor in processing the NIW petition. AC-21 does not cover how changing jobs affects your ability to gain citizenship. To get in touch with one of VisaNation Law Groups lawyers, you can. 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. In our experience, yes. This can be the same or different job then you are doing now. Be sure to indicate on the petition that you want to retain your priority date. The only stipulation is that you must submit a new Form I-140 or labor certification application. AC21 is a law that does not have regulations implementing its provisions. You must keep your I-140 and other approval notices in a safe place. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. Also, if you are applying for the EB-1A or EB-5 green cards, you do not need a job offer, so your green card is not contingent on which position you hold. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. 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. 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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. Check the BLS website to learn where in this classification system you fit. This means extending your stay in the U.S. by utilizing your time outside the U.S. during the six years. But if you are not sure of this, it is recommended that you contact an immigration expert. Meeting the above requirements does not mean you have automatically ported from one green card to another. If, while waiting for your date to be current, you gain eligibility for a higher preference green card, a new sponsoring employer can file a new petition and PERM and still retain your priority date. In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. USCIS officers are instructed to consider additional factors, such as: The duties of both positions Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. 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. Over the years, there has been a significant difference between the processing times of EB-2 and EB-3 green card categories. If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. If the H-1B transfer petition seeks to extend the employees H-1B status beyond the six-year limit, the I-140 approval must not be withdrawn, or if it has been withdrawn, the withdrawal must have occurred more than 180 days after the I-140 was approved. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. There arent particular types of work that are automatically considered to be in the national interest. However, by following the steps of green card portability, you will not have to start the process from scratch. 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. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. 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. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. Assist in testing assembled vessels. . For this, the I-140 must remain valid until the H1B petition approval. 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.. 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. 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. One of the primary potential problems arises if an RFE is issued. 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. How do I prove I am able to develop my enterprise or endeavor? A non-managerial position is most likely portable. What happens after my I-140 is approved? 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 green card) with the petitioning employer. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. However, if USCIS revokes the petition, you will no longer be allowed to leverage it to request an H-1B status extension beyond the standard maximum of six years. The value of such notifications has been confirmed over time. I have a pending EB-2 PERM filed by my employer. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). 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