In addition, USCIS can grant your request to maintain the existing priority date for any other I-140 filed on your behalf. Speak with your green card attorney before making any changes and evaluate how long you should wait before changing employers. In other words, an employee who is currently being sponsored by one employer can look for a different employer without having to abandon their current application for a green card. 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. The employer with whom your approved I-140 can revoke the approved I-140 if you tran. 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 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. Before you can apply for green card portability, you must have an approved form I-140. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. There's got to be an easier way of dealing with this, because I'm sure many people have changed their employer after their i-140 approval. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Q. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. 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. An I-140 typically can be used only to apply for lawful permanent residency (i.e. We have handled many similar cases. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. Can My Employer Revoke My I-140 After USCIS Approved It? Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. The new job must be within the same occupational classification as the original one. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. Trackitt: Immigration on the App Store. However, it functions as petitioning for a brand new green card in all other aspects. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). 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. Leverage their experience for your case. More specifically, it permits an approved I-140 to stay valid as long as: Below is the provision of the law directly from USCIS: A petition under subsection (a)(1)(D) [redesignated as (a)(1)(F)] for an individual whose application for adjustment of status pursuant to section 245 has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual is changing jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed. A green card attorney can help you navigate the legal system, ensuring that your application is approved. In many situations, therefore, this does not present a significant problem. 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. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. Who is Not Protected under INA Section 245(i)? A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. 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). Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. 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. This page was not helpful because the content: E-3 Certain Specialty Occupation Professionals from Australia, H-1B Specialty Occupations and Fashion Models, Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations, Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113), Employment Authorization for Certain H-4 Dependent Spouses, L-1A Intracompany Transferee Executive or Manager, L-1B Intracompany Transferee Specialized Knowledge, O-1 Individuals with Extraordinary Ability or Achievement, O Nonimmigrant Classifications: Question and Answers, P-1B Member of Internationally Recognized Entertainment Group, P-2 Performer or Group Performing under Reciprocal Exchange Program, P-3 Artist or Entertainer Part of a Culturally Unique Program, Employment-Based Immigration: First Preference EB-1, Employment-Based Immigration: Second Preference EB-2, Employment-Based Immigration: Third Preference EB-3, Employment-Based Immigration: Fourth Preference EB-4, Employment-Based Immigration: Fifth Preference EB-5, Immigrant Pathways for STEM Employment in the United States, Nonimmigrant Pathways for STEM Employment in the United States, WB Temporary Business Visitor under Visa Waiver Program, Automatic Employment Authorization Document (EAD) Extension, DHS Support of the Enforcement of Labor and Employment Laws, Employment Authorization in Compelling Circumstances, Options for Nonimmigrant Workers Following Termination of Employment, Form I-485, Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Worker, Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), section 204(j) of the Immigration and Nationality Act (INA), Standard Occupational Classification (SOC), Occupational Employment Statistics Database, ETA Form 9089, Application for Permanent Employment Certification (PDF). You may have gotten a promotion and now want to apply for a green card portability program. The fee is $2,500. 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. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. AC21 speaks in terms of the I-485 pending for 180-days or more. 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. Copyright 2019, MURTHY LAW FIRM. What is the most important factor in proving NIW eligibility? 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. This will help to ensure USCIS has the most accurate records of your case. In this way, you can ensure a smooth transition to your new job. 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. 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. This may grant you an extension beyond the maximum six-year period of stay. A new job must also be in the same occupational classification as the job petitioned for. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. Yes, you can change jobs after your I-140 is approved, but only after when you secure a new employer who will first file a new H-1B petition on your behalf, obtain a new period of 3 years (due to the fact that you'll have an approved I-140 from your first employer then) and then restart the whole "green card" PERM process anew with the filing of its own PERM and I-140. Changing jobs after a green card approval throws a wrench into an already complicated process. An approved I-140 is usually employer- and job-specific. Changing Jobs After National Interest Waiver Approval. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. If youre considering a change of career after your I-140 was approved, you should go for Herman Legal Group. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The safe approach is to avoid this scenario by working for the sponsoring employer. If you can afford it, you can file as many petitions as you want. There are some rules regarding the green card portability and I-140 petition. 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. 500, Falls Church, VA 22041, Deferred Action for Childhood Arrivals (for DREAMers), Effect of a Grant of Asylum or Withholding of Removal, I-601A, Application for Provisional Unlawful Presence Waiver, Minor Children Applying for Asylum by Themselves, Obtaining an Employment Authorization Document After an Asylum Application, Procedure for Filing for Asylum or Withholding of Removal, The Two Paths to Obtaining Asylum in the United States. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. No. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. 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. Your personal information is protected by our Privacy Policy. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. It was a future job offer. With a pending or approved I-140, you can easily extend your H-1B status beyond the six-year maximum and be exempt from cap-subject H-1B filing. The portability of your green card may not always be possible. 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. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. You must have the same or similar occupation to be eligible for portability. 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. For example, the SOC code for a stonemason is 47-2022. Who Benefits from the Amendment to INA Section 245(i)? 47-[2]022: The third digit, 2 represents the minor group, which includes all construction trade workers. 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. 703.348.8448 | Fax. The Herman Legal Group has over 25 years of experience working with the U.S. 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 (. ) However, you cannot use the tasks you have completed in the past with your new employer. 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. The USCIS, however, has mentioned that a great variation in salary or pay could indicate that the job duties are not similar and this could pose a potential problem in some cases. Contact us now for the best immigration services and get the ultimate peace of mind. The I-140 must remain intact until the I-485 reaches the 180-day point. 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