How do I exercise the portability provisions? 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. Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. However, by following the steps of green card portability, you will not have to start the process from scratch. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Who is Eligible for Withholding of Removal? 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. 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. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. How Do I Prevent Discrimination as an Employer? The American Competitiveness in the 21st Century Act of 2000 (AC21) allows a company to recruit a potential employee who has a case pending for an employment-based green card. While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated. 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. 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. Answer (1 of 2): Yes, you can. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. 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. and schedule your comprehensive consultation today. Moreover, a job change may affect your N-400. 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. If you can afford it, you can file as many petitions as you want. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. An approved I-140 is usually employer- and job-specific. Q. I lost my job before the I-485 had been pending 180 days. Processing times vary as USCIS evaluates each application on a case-by-case basis. However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first. 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. Ivan will need to prove that he is qualified to be an electrical engineer through his educational background, experience, or past successes. Work involves use of hand and power tools, plumb bobs, levels, wedges, dogs, or turnbuckles. 2023 VisaNation, Inc. All Rights Reserved. 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? It requires your employer to file a new PERM Labor Certification and Form I-140 petition. The only stipulation is that you must submit a new Form I-140 or labor certification application. 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. And how do I continue to work lawfully while the petition is pending? If you do so, you must apply abroad through the U.S. Embassy or the Consulate of your country of origin. What do I have to do? 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. However, there is no specific rule for matching any particular order of digits in two SOC codes. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. There is confusion about what qualifies as a similar job in many instances. . 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. 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 AOS is selected, we have an option for "concurrent filing" of the I-140 and I-485. While many change their employers using the Employment Authorization Document (EAD), this is not the only way to make this change. Inspect and repair boiler fittings, such as safety valves, regulators, automatic-control mechanisms, water columns, and auxiliary machines. 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. The only implication is that there is a non-refundable fee attached to each petition you file. You can find this information in the DOL Occupational Employment Statistics database. The new petition must reflect the latest achievements that now qualify you for the higher preference category. My new job has a different title, but the same basic duties as the job described in the labor certification. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. 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. 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. The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. But without a PERM or I-140, you will have to leave the United States at the end of the six-year validity period. 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. There are no geographic limitations on the new employment position under AC21. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. Advocacy is the most important factor in processing the NIW petition. 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. There arent particular types of work that are automatically considered to be in the national interest. They use the Standard Occupational Classification (SOC) to group jobs/occupations. You may still retain your priority date for an approved I-140. 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. The best proof that a job offer is valid, however, is working for the sponsor. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. This is a huge benefit to both you and the job market, as valuable workers have more mobility. Thus, employers had a valid reason for revocation in some instances. Share sensitive information only on official, secure websites. The only implication is that there is a non-refundable fee attached to each petition you file. The I-140 must remain intact until the I-485 reaches the 180-day point. Yes, you can still file the NIW application. Retaining your priority date is also the trick to porting your green card. 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. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. Because no I-485 application has been filed, an H-1B transfer petition must be filed by the new employer in order for the employee to begin work. Answer 2. What is the most important factor in proving NIW eligibility? We have handled many similar cases. Therefore, before making a career change, consult a green card attorney. How long it takes to get i-140 approved? The I-485 is based on the I-140, however, which is the employers filing. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. The DOLs online occupational classification system helps the adjudicating officer make the determination. 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. Consult with your green card attorney to ensure the change will not affect your application. If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. Can I change employers after my NIW approval? 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. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. 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. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. Copyright 2019, MURTHY LAW FIRM. Q. It is an issue of significant importance to foreign national workers. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. AC21 does not require that one leave the sponsoring employer. Q. A non-managerial position is most likely portable. Cyprus Permanent Residence and Citizenship Programs, EB-1: Employment Based Immigration - First Preference, EB-2: Employment Based Immigration: Second Preference, EB-3: Employment Based Immigration - Third Preference, EB-4: Employment Based Immigration - Fourth Preference, H-1B2: DOD Researcher and Development Project Worker, H-3: Nonimmigrant Trainee or Special Education Exchange Visitor, Malta: Residence/ Citizenship through Investment, I-751: Lifting Conditions on a Green Card, Adjustment of Status in Immigration Court, Cancellation of Removal for Permanent Residents, CAT Protection (Convention Against Torture), Habeas Corpus: Fighting prolonged immigration detention, Non-Legal Permanent Residents Cancellation of Removal, Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Workers, I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Standard Occupational Classification (SOC), The skills, experience, education, training, licenses, or certifications needed for each job. Youre changing your position with your current employer. Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. The safe approach is to avoid this scenario by working for the sponsoring employer. It also instructs officers to consider additional resources such as DOLs Bureau of Labor Statistics Occupational Outlook Handbook as well as the DOLs Bureau of Labor Statistics Occupational Employment Statistics Database as part of the analysis. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. This is where the 180-day window after I-140 approval can become important. 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. In order to understand the ins and outs of the National Interest Waiver (NIW), we must first take a look at the reason for applying for one in the first place. If you can prove that your new career is of national importance and you have consistently advanced your chosen endeavor, you shouldnt have a problem regarding that during your citizenship application. Job change after I-140 approval. An added benefit of waiting 180 days after I-140 approval is the ability of an H-4 spouse to continue to obtain H-4 EADs on the basis of the approved I-140 petition, even if the I-140 has been withdrawn or the employer goes out of business after 180 days. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Pending 180 days appear to be in the DOL uses whats known as the job in. 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