After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . This will help to ensure USCIS has the most accurate records of your case. Getting an EB-2 NIW is a delicate process. Job change after i-140 approval may affect green card portability depending on a few factors. The only issue is that it will require going through the H-1B process, and there may be a delay. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) Changing jobs after a green card approval throws a wrench into an already complicated process. However, many wonder how long they must stay with their employer without facing penalties or jeopardizing their green card application process. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. This does not prevent the case from being approved, however. Advocacy is the most important factor in processing the NIW petition. For example, the SOC code for a stonemason is 47-2022. The National Interest Waiver is a way for EB-2 applicants (i.e. It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. Ultimately, it would be best if you didnt make any job changes during this crucial period without the advice of an attorney. Do I Have to Notify USCIS of My Decision to Change Jobs? The first stage is the PERM filing with the U.S. Department of Labor (DOL), when the employer must establish that no qualified U.S. worker is available for the position. 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). It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. Changing Jobs After National Interest Waiver Approval. Q. However, it functions as petitioning for a brand new green card in all other aspects. In addition, the employer must run another recruiting period. . Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houstons largest immigration law firm focused solely on U.S. employment-based immigration. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? 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. The DOL categories are generally fairly broad. The I-140 approval process does not guarantee that you will receive a green card. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. These changes include both raises and salary reductions. 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 must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. Although the NIW requirements, as in the Matter of Dhanasar, 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. 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. You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. Many employers do not withdraw I-140s upon employment termination. 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. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. Not everyone who applies for an EB-2 green card is eligible for an NIW. I-140, Immigrant Petition for Alien Workers. 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. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. 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. No. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence, Changing Employers on H-1B After I-140 Approval. 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 will not disrupt your immigration process. 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 tran. Looking for U.S. government information and services? Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. Do I need to have a Ph.D. to qualify for NIW? On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. Don't hesitate to contact us at (949) 478-4963 today. Citizenship & Immigration Service. 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. Yes, you can still file the NIW application. 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. 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. What happens after my I-140 is approved? For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. The value of such notifications has been confirmed over time. The employer does not control the I-485 application, since this is filed directly by the foreign national. Yes. If you are in the process of obtaining an NIW for your. What are the Pros and Cons of E-Verify Registration? So, getting an EAD through I-485 likely remains your best option. Home > Blog > Employment Based Immigration. 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. Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. The length of the extension will depend on the status of the I-140 petition. You are required to notify USCIS of any address changes within ten days of your address change (unless you permanently depart the U.S. or become a U.S Citizen). This may grant you an extension beyond the maximum six-year period of stay. But if you are not sure of this, it is recommended that you contact an immigration expert. You may have gotten a promotion and now want to apply for a green card portability program. 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. Can I change employers after my NIW approval? If this is the case, youll need to seek legal advice and apply for a new green card. 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. 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. Copyright 2019, MURTHY LAW FIRM. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . The only implication is that there is a non-refundable fee attached to each petition you file. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. 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. Trackitt: Immigration on the App Store. Q. The new job is in the same or similar occupation. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. My new job has a different title, but the same basic duties as the job described in the labor certification. The employment is of substantial merit and national importance, The petitioner is capable and qualified to advance this endeavor, It is a benefit in national scope to the U.S. and meets the labor certification criteria in EB-2 category, Lack of clarity on fulfilling the requirements. 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. 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). For the murkier switches, USCIS officers will need to consider more specific factors to gauge the similarities. 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. 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. It is the receipt date that governs the counting of days. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. 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. Is eligible for an NIW for your when AC21 is used of your case approved... Important factor in processing the NIW application, Option 1.a. many remain! Through I-485 likely remains your best Option it also stands to reason few. 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