It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. 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. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. You may file your I-140 for NIW and I-485 for status adjustment concurrently (together at the same time). A non-managerial position is most likely portable. 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. Changing jobs before the visa is issued can lead to legal issues if job duties dont match. Can I use AC21 portability? USCIS uses a two-part evaluation 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. 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. Your petitioning employer may decide to send a withdrawal notice to USCIS, especially if you did not part ways on good terms. 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. These changes include both raises and salary reductions. Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case. What green cards bypass the labor certification process and allow me to self-petition? However, there is no specific rule for matching any particular order of digits in two SOC codes. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. Another option is to upgrade your pending I-140 petition with premium processing if your six-year stay is about to expire and you dont want to leave the U.S. With that, you will receive a decision on your petition within 15 calendar days. A green card is not guaranteed if you change jobs while your I-140 is pending. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. This applies even if the petitioning employer withdraws the approved I-140. After 180 days, you can change your employer or job. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. 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. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . There are no geographic limitations on the new employment position under AC21. Employment-based green card applications are all based on the concept of a future job offer. The first option is to file your I-485 Application to Adjust Status through the consular processing route. Speak with your green card attorney before making any changes and evaluate how long you should wait before changing employers. Answer 2. It is therefore the day that the case actually was received by the USCIS that governs; not the date that the USCIS generated the receipt notice. As long as your new job is identical or very similar to the job that you used for your NIW, you should be able to transfer with the help of an immigration attorney. If you are planning to switch jobs after youve received your green card approval, you should understand how a job change could affect your application. And how do I continue to work lawfully while the petition is pending? The only implication is that there is a non-refundable fee attached to each petition you file. 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. 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. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. 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. 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. Know the rules about green card portability before you change jobs. What is Temporary Protected Status (TPS)? Not if it is pending. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . 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. Review our. There arent particular types of work that are automatically considered to be in the national interest. Now, there is often no reason to revoke an I-140. How long it takes to get i-140 approved? 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. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. If they determine that your job change wasnt in good faith and you attempted to circumvent the system, you may have trouble getting an N-400 approval. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. Yes, you may change employers after your NIW has been approved. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. There have been USCIS memos clarifying many details, as well as many cases through which we have gained valuable insight into the USCISs interpretations and applications of AC21. What is important is that you continue to satisfy the. Q. Hire Us. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? Can My Employer Revoke My I-140 After USCIS Approved It? The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. Where no I-485 application has been filed, priority date retention occurs when the new employer files a new PERM labor certification on behalf of the employee and requests that the previous priority date be honored at the time of filing a new I-140 petition. 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 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. If your new job is within the same or similar occupational classification as your old one, you may be able to transfer your green card to it. The new job must be within the same occupational classification as the original one. 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. 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. The approval of a green card is an exciting time for most immigrants. So, what are you waiting for? At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. 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. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . 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). Direct cleaning of boilers and boiler furnaces. 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. The SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. For instance, if you are promoted into a managerial or supervisory position, the classification and job description may be significantly different from the original position. You should do this before filing your I-140. This applies even if the petitioning employer withdraws the approved I-140 petition. Many employers do not withdraw I-140s upon employment termination. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. 47-[2]022: The third digit, 2 represents the minor group, which includes all construction trade workers. It was a future job offer. Home > Blog > Employment Based Immigration. Another option is to ask your employer to file an H-1B on your behalf. Looking for U.S. government information and services? You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. You must have the same or similar occupation to be eligible for portability. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. Meeting the above requirements does not mean you have automatically ported from one green card to another. In other words, how you present or argue your case. Applications are pending from the time they are filed with the USCIS. The employer does not control the I-485 application, since this is filed directly by the foreign national. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. Processing times vary as USCIS evaluates each application on a case-by-case basis. 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. Be aware, however, that this system can sometimes be outdated, and IT jobs often lack up-to-date definitions. Q. I never worked for my green card sponsoring employer. 2023 Murthy Law Firm. An employee beneficiary of an approved I-140 petition can retain this priority date for any subsequent filing in the event he or she changes employers after approval of the I-140 petition. Q. What do I have to do? Not everyone who applies for an EB-2 green card is eligible for an NIW. I changed careers after getting my green card through NIW. Employment Immigration Attorney Located In Fairfax County. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. If thats you, keep reading to find out more. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. The I-140 must remain intact until the I-485 reaches the 180-day point. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. Permanent for the sake of immigration means an indefinite basis. Moreover, the law suggests the employee intends to remain at the job indefinitely at the point of approval. This is a simple application to adjust your status based on the green card petition you filed. While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated. Now I want to apply for citizenship. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. 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. First, you must notify the USCIS if you have changed your employer. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. 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. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. You may still retain your priority date for an approved I-140. Not everyone who applies for an EB-2 green card is eligible for an NIW. AC21 and Its Effect On Job Change After i140 Approval There are provisions in the law that help make changing your job easier after your initial green card approval. How do I exercise the portability provisions? Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? 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. together with your I-485. 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. You can contact an immigration attorney or employment law firm to find out the best course of action for you. It is important to note that the duties generally govern, and not specific technologies, in most cases. In addition, the employer must run another recruiting period. It is the receipt date that governs the counting of days. Don't hesitate to contact us at (949) 478-4963 today. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. To continue working legitimately while the petition is pending, you may file Form I-765 for an employment authorization document together with your I-485. Trackitt PermPerm processing time for 2022. Occupational Classification is determined by the Department of Labor. 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. If your new job offers a position with a similar title and with the same employer, your green card will continue to be valid but you will need to file an I-140 amendment. Included in our work on the case is a notification of the use of AC21, along with proof that the case qualifies under the AC21 requirements. 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 government recommends that you change your employer only if you have changed your job in good faith. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. There is confusion about what qualifies as a similar job in many instances. 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. An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. AC-21 does not cover how changing jobs affects your ability to gain citizenship. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. What is USCIS two-part evaluation for an NIW petition? Yes. 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. How Long Do I Need to Stay With My Employer After Green Card Approval? AC21 speaks in terms of the I-485 pending for 180-days or more. The I-485 is based on the I-140, however, which is the employers filing. The final stage is the adjustment-of-status application (form I-485) for one who is in the United States, or consular processing for one applying from abroad. 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. As long as you follow certain rules, you can switch jobs while your I-140 is pending. Your I-140 portability is the ability to retain the priority date for your EB-3 and port it to your EB-2 without restarting the process. No. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. the I-485 petition has been pending for 180 days, there has not been a notification that you (the beneficiary) are using the AC-21 portability rule. For example, getting your green card, changing jobs (or changing jobs before obtaining the green card) within 180 days, then filing the N-400 once your five years of permanent residence are expired might be problematic. 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. No occupation will be assigned to more than one category with six digits. 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. An approved I-140 is usually employer- and job-specific. 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. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. Can I change employers after my NIW approval? You must also keep in mind that the period starts right from the receipt date of I-485. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. 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. 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. 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. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. 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. While some applicants may not have a choice other than to wait, others may be able to use the portability rule to their advantage. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. 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. The portability of your green card may not always be possible. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. We have all learned a lot about AC21 since it became law in October 2000. In the example in the Occupational Classifications section above, the 47 encompasses all construction and extraction occupations, which is a broad category and would not determine whether two jobs are similar. Changing your job before you physically receive your visa will incur problems if not handled correctly. 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 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. Who is Not Protected under INA Section 245(i)? You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. A green card attorney can help you navigate the legal system, ensuring that your application is approved. 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. As noted above, once the I-140 is approved, the USCIS will grant a request for priority date retention for any other I-140 petition filed on behalf of the same beneficiary. Microsoft MMLk51. So, getting an EAD through I-485 likely remains your best option. Check the BLS website to learn where in this classification system you fit. The fee is $2,500. The new employer could file an H1B extension for an eligible individual, and the H1-B could be used to work on the new job. 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. Those who wish to go around the. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. The team is friendly, professional, and wants to help. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. Before you can apply for green card portability, you must have an approved form I-140. 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. 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. We have the tools and resources needed to help you find a solution. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. The safe approach is to avoid this scenario by working for the sponsoring employer. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. 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. , USCIS will evaluate the submitted evidence to convince the USCIS will revoke the I-140! Did not part ways on good terms a future job offer again the... 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The new job is not, USCIS may start to suspect you are medical! Contact an immigration attorney can help you navigate the bureaucracy that often surrounds the green card before!