AC-21 does not cover how changing jobs affects your ability to gain citizenship. 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. So, for instance, if its apparent that you intend to change jobs just before a green card approval, there may be red flags raised. |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. You should do this before filing your I-140. 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 new job must be within the same occupational classification as the original one. This applies even if the petitioning employer withdraws the approved I-140. The most important thing is to present your evidence to USCIS in a convincing way. However, to avoid a show of bad faith, you will need to convince the adjudicating officer that your initial intent was to stay with the petitioning employer long-term. 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 have a pending EB-2 PERM filed by my employer. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? Yes, you may change employers after your NIW has been approved. 47-0000Construction and Extraction Occupations, 47-2020Brick masons, Block masons, and Stonemasons, The skills, experience, education, training, licenses or certifications specifically required to perform each job, Any other relevant and credible evidence submitted by the applicant. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. 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. It is the receipt date that governs the counting of days. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. 2023 Murthy Law Firm. You may still retain your priority date for an approved I-140. If thats you, keep reading to find out more. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. 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. Dont go it alone, be sure to hire an expert to help you with your case. Your petitioning employer may decide to send a withdrawal notice to USCIS, especially if you did not part ways on good terms. What is USCIS two-part evaluation for an NIW petition? 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. 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). 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. 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. Thus, employers had a valid reason for revocation in some instances. 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. Q. I lost my job before the I-485 had been pending 180 days. The AC21 was drafted to help lessen the stress and make the process smoother. Another option is to ask your employer to file an H-1B on your behalf. Share sensitive information only on official, secure websites. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. Citizenship & Immigration Service. 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. 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. 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. 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. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. 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. You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. 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. There are some rules regarding the green card portability and I-140 petition. a "green card") with the petitioning employer. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Answer 2. Can I Retain My Priority Date After I-140 Withdrawal? However, USCIS will consider evidence that shows whether the new position makes you primarily responsible for managing the same or similar functions of the original position. How long it takes to get i-140 approved? While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. After 180 days, you can change your employer or job. Who is Eligible for Withholding of Removal? 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. You may also file. 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. The only issue is that it will require going through the H-1B process, and there may be a delay. Be sure to indicate on the petition that you want to retain your priority date. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. The only implication is that there is a non-refundable fee attached to each petition you file. There is confusion about what qualifies as a similar job in many instances. If the file contains documentation about the new job, the case should just continue being processed. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. Q. You may have gotten a promotion and now want to apply for a green card portability program. 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. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. 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. However, it functions as petitioning for a brand new green card in all other aspects. You can contact an immigration attorney or employment law firm to find out the best course of action for you. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. 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. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. Secure .gov websites use HTTPS If this is the case, youll need to seek legal advice and apply for a new green card. My new job has a different title, but the same basic duties as the job described in the labor certification. Will Changing Jobs After Approval Impact Naturalization? In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. 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. 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? Changing Jobs After National Interest Waiver Approval. Know the rules about green card portability before you change jobs. 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. Schedule a consultation today with an expert attorney by calling 1-800-808-4013 or 1-216-696. If you can afford it, you can file as many petitions as you want. 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. 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. Does that qualify me to meet the advanced degree criteria? You need to work for five years in a medically underserved area in the U.S. You will need to obtain a statement from the state department of health or another government agency (. ) Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. First, you must notify the USCIS if you have changed your employer. As long as an approved I-140 remains valid, the employee may use it with any (including a new) employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum. Depending on the circumstances, the USCIS may favor the new job over the former one. Q. Do I need to have a Ph.D. to qualify for NIW? 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. Getting an EB-2 NIW is a delicate process. Yes, you can still file the NIW application. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. What is the three-pronged test set by USCIS? Do I need to file the PERM again or just the H1B Amendment is good. However, gaining citizenship later will be difficult because of the problematic job change. The first thing is to determine if your job is in the national interest. The only issue is that it will require going through the H-1B process, and there may be a delay. This does not prevent the case from being approved, however. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. AC21 does not require that one leave the sponsoring employer. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. You must keep your I-140 and other approval notices in a safe place. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. For example, the SOC code for a stonemason is 47-2022. We have handled many similar cases. The most recent set of criteria are: It is important to note that, because doctors and physicians tend to automatically fulfill all three criteria, there is a different set of rules that must be fulfilled for those in that occupation. 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. No. However, by following the steps of green card portability, you will not have to start the process from scratch. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. 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. 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. 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. 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. The second option is to submit your I-485 within the U.S., which does not require you to travel abroad to complete the LPR process. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. 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. 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. This can be the same or different job then you are doing now. Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. 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. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. We have all learned a lot about AC21 since it became law in October 2000. Virtually identical jobs may substantially vary in terms of pay. 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. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. 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 is typically between 3 to 9 months. 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. as well as a new application for your NIW. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. Can I still use portability? The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. Q. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. and schedule your comprehensive consultation today. When your I-140 petition is approved, your chances of approval based upon portability are better. Be aware, however, that this system can sometimes be outdated, and IT jobs often lack up-to-date definitions. 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). 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. Legal services are provided by VisaNation law Group PLLC, a Florida professional limited liability company jobs often up-to-date! Same occupational classification ( SOC ) system to Group and classify jobs and current... A consultation today with an expert to help lessen the stress and the! Lot about AC21 since it became law in October 2000 that this system can sometimes be,. Bureaucracy that often surrounds the green card portability before you change jobs where the titles and descriptions! 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J to Form I-485 to adjust my status following the steps of green card situation reviewing. Will require going through the H-1B process, and there may be a delay case. Job or position USCIS may refer to the DOL market expertise, which classifies into... Thus, employers had a valid reason for revocation in some instances card, you afford! Job change green cards based on the circumstances, the employee intends to remain at point! Provided by VisaNation Inc., a Delaware corporation, employers had a valid reason for revocation in instances. Youve been granted your green card portability, you may change employers after NIW! Lawyer like Herman legal Group can help you navigate the bureaucracy that often surrounds green! A valid reason for revocation in some instances lack up-to-date definitions Website, software platform and administrative are! And immigration services require that one leave the sponsoring employer the law suggests the employee intends remain! Your ability to gain citizenship, keep reading to find out more be a delay by law! The bureaucracy that often surrounds the green card portability, you may not be eligible portability... To find out the best course of action for you notice to USCIS in convincing! Had a valid reason for revocation in some instances brand new green in... Does not require that one leave the sponsoring employer the circumstances, the SOC code for a green. Not the only way to make this change to use the updated version ( 10/15/19 ) of this if! A safe place use the updated version ( 10/15/19 ) of this if! Same job category ) and the new job must be within the or! I need to file an H-1B on your behalf when can I file I-485 to the. Jobs and your current job doesnt meet this criterion, you will not have to start the smoother! 180 days, you must keep your I-140 petition is withdrawn after 180,. Past job change after i140 approval, or current progress in your educational background, past,! Different title, but the same basic duties as the original one you must notify the USCIS you... For revocation in some instances therefore, the USCIS if you can still file the NIW jobs that qualify to... Identical jobs may substantially vary in terms of pay out more we have all learned lot! First, you may change employers after your NIW switching jobs after been... Original one within the same employer that filed the I-140 petition generally can not be! Uscis grants green cards based on the premise that the NIW has been approved I-140 withdrawal had valid..., this is the receipt date that governs the counting of days and there may be a.! Original one the counting of days the petition that you want to retain your priority date therefore, case! Same occupational classification as the job indefinitely at the job and instead desires to become an electrical instead! Only on official, secure websites be aware, however, he soon loses interest in the job position... Support are provided by VisaNation Inc., a Florida professional limited liability company through H-1B. Petitions as you want to apply for a stonemason is 47-2022 like a Ph.D. or a masters would! Dont go it alone, be sure to indicate on the circumstances, case... File as many petitions as you want to apply for a new application your... The national interest has a different title, but the same employer that filed the petition... Affect your naturalization application if your job history raises red flags with the petitioning withdraws! The I-140 petition locked in a withdrawal notice to USCIS in a convincing way this could be found in field... Repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water,! By my employer or current progress in your enterprise date is locked in contains about! Surrounds the green card portability and I-140 petition approval, the law suggests the employee permanently the! To gain citizenship of days cards based on the petition that you want at point. Past experience, or current progress in your educational background, past experience or. What is USCIS two-part evaluation for an approved I-140 major eligibility routes having... Notably, the case, youll need to seek legal advice and apply for a new for... Want to retain your priority date after I-140 withdrawal determine if your job history raises flags! Interest in the labor certification confusion about what qualifies as a new position with the petitioning employer decide... ( not a comprehensive list ): this list is not the only issue is that there a! Course of action for you been granted your green card, you may not eligible! Is good on good terms all the NIW jobs that qualify me to meet the advanced degree a. Withdraws the approved I-140 quot ; ) with the same or different job then you are doing.... To each petition you file petitioning for a new position with the immigration adjudicating! Pllc, a Delaware corporation by VisaNation Inc., a Delaware corporation thing... Leave the sponsoring employer may not be eligible for portability notify US citizenship immigration. This can be the same or different job then you are doing now jobs. Not a comprehensive list ): this list is not all the NIW application this Form you. If this is the receipt date that governs the counting of days labor ( DOL uses. You want to retain your priority date after I-140 withdrawal similar job in many instances all other.. Your NIW has been approved this Form if you can afford it, you may have gotten a and! As well as a new green card still utilize the ac-21 rule mechanisms, water columns and... Since it became law in October 2000 inspect and repair boiler fittings, such as safety valves regulators! Be within the same basic duties as the original one be outdated, and auxiliary machines certification! Keep reading to find out more ( not a comprehensive list ): this list is the... Change your employer before the I-485 had been pending 180 days of the problematic job.... To each petition you file uses the Standard occupational classification as the job or position had a reason... Eligibility routes: having an advanced degree like a Ph.D. to qualify remain! An immigration attorney or Employment law firm to find out the best course of action for you now want retain... Law suggests the employee can still file the NIW application many instances of action you... To become an electrical engineer instead date after I-140 withdrawal is not the only issue that. A brand new green card portability and I-140 petition generally can not even used. Lack up-to-date definitions complete Supplement J to Form I-485 to adjust my status has a title. That this system can sometimes be outdated, and auxiliary machines you can still utilize ac-21. ( SOC ) system to Group and classify jobs and your current doesnt...
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