job change after i140 approval
This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. 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. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. This can be the same or different job then you are doing now. Q. I never worked for my green card sponsoring employer. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. Changing jobs without informing USCIS could jeopardize your application. 47-202[2]: The sixth digit, 2 represents the detailed occupation, which only includes stonemasons. Who is Not Protected under INA Section 245(i)? Such job changes often prompt a number of critical questions related to the continued validity of the I-140 petition and the various immigration benefits available to an individual with an approved I-140. The waiting time for certain countries demonstrates this difference. If you are an employee hoping to use AC21 to change jobs, or you are an employer hoping to hire someone with a pending employment-based green card application, Yekrangi & Associates is ready to assist. The length of the extension will depend on the status of the I-140 petition. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. 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. 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 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. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. Generally, it is a good idea to wait until obtaining a green card before changing employers. Youre changing your position with your current employer. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. There could be a number of reasons USCIS denied your National Interest Waiver request, including: If your request is denied by the USCIS, you may be able to appeal the decision with help from your immigration representative. Depending on the circumstances, the USCIS may favor the new job over the former one. 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. Your new position should be in the same or similar occupational classification. You must also keep in mind that the period starts right from the receipt date of I-485. Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. Q. For the murkier switches, USCIS officers will need to consider more specific factors to gauge the similarities. Occupational Classification is determined by the Department of Labor. 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. There are 2 options for you to begin your LPR process once your I-140 is approved. 2023 VisaNation, Inc. All Rights Reserved. Below we compiled answers to the most commonly asked questions: When your I-140, Immigrant Petition for Alien Worker, is approved, you can begin the process to apply for Lawful Permanent Residency in the U.S. At this point, it is the petitioners responsibility to initiate the process and not the employers. 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). 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. Before you can apply for green card portability, you must have an approved form I-140. Job change after I-140 approval. 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. But if you are not sure of this, it is recommended that you contact an immigration expert. Does the new job have to be in the same geographic location? Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. 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 Herman Legal Group has over 25 years of experience working with the U.S. Can I Retain My Priority Date After I-140 Withdrawal? And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. Also, the employer will be exposed to the possibility of an audit. Changing jobs after a green card approval throws a wrench into an already complicated process. The I-140 indicates an offer of a future permanent job. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. In this way, you can ensure a smooth transition to your new job. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. 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. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. Next, you will need to plan the last step of the "green card process" (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140. The AC21 law uses the terminology same or similar job classification. The Legacy INS June 2001 guidance refers us to the U.S. Department of Labor system of occupational classification as a guideline. Changing jobs before the visa is issued can lead to legal issues if job duties dont match. If you can afford it, you can file as many petitions as you want. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. In our experience, yes. Our strategy for new clients with AC21 cases is to take over representation in the I-485 and act as the attorney for the remainder of the case. 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. Discuss whether your occupation fits the criteria with your immigration attorney. Can I change jobs more than once using AC21? 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. The only issue is that it will require going through the H-1B process, and there may be a delay. The first thing is to determine if your job is in the national interest. Not everyone who applies for an EB-2 green card is eligible for an NIW. If you request to change jobs or employers under INA 204(j) while your Form I-140 is pending, we must approve your Form I-140 before we may approve your portability request. However, if youre planning to switch jobs during the green card process, you should contact a legal professional to help you through the process. My new job has a different title, but the same basic duties as the job described in the labor certification. 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. Hire Us. 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While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. The SOC system is organized using codes, which generally consist of six numerical digits. Those who wish to go around the. This can be done electronically using Form AR-11 . The DOL categories are generally fairly broad. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. You may file your I-140 for NIW and I-485 for status adjustment concurrently (together at the same time). Unlike the H1-B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. What are the risks? However, in certain cases, it is possible to change jobs after your I-140 has been approved. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. 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, 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. Applications are pending from the time they are filed with the USCIS. A .gov website belongs to an official government organization in the United States. No, it is not mandatory to have a Ph.D. Ultimately, it would be best if you didnt make any job changes during this crucial period without the advice of an attorney. For you to change the offer of employment or employer, your Form I-485 must have been pending with USCIS for 180 days or more. We have all learned a lot about AC21 since it became law in October 2000. Withdrawal/Revocation of I-140 If an I-140 is withdrawn or revoked before 180 days, then the I-140 petition is no longer valid and cannot be ported to a new employer, even after 180 days under the AC-21 rule. 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. However, if the green card category you are pursuing does not have the option of premium processing (such as the EB-1C), H-1B time recapturing, according to S. 31.3 (g)(9) and (14), is another option you can leverage. USCIS takes into consideration factors such as normal raises that occur over time to account for inflation or promotion, the fact that the two positions might be located in different geographic locations or economic sectors, possible corporate mergers that could affect compensation structures, as well as moving from a for-profit to a non-profit employer (or moving from a non-profit to a for-profit employer). It is the receipt date that governs the counting of days. AC21 does not contain any limitations regarding multiple job changes. USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. Be sure to indicate on the petition that you want to retain your priority date. Doing now title, but the same or similar occupational classification is determined by the Department of.... May want or need to consider more specific factors to gauge the similarities safety valves,,... 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