While the I-485 may take several months or even years before a decision depending on your priority date, the I-765 can be processed within a few months allowing you to continue using it to work or even seek employment. Will Changing Jobs After Approval Impact Naturalization? Can I change jobs more than once using AC21? 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. However, by following the steps of green card portability, you will not have to start the process from scratch. An approved I-140 is usually employer- and job-specific. The new petition must reflect the latest achievements that now qualify you for the higher preference category. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. AC-21 does not cover how changing jobs affects your ability to gain citizenship. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? 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. The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. However, if the I-140 is still pending, you can only request a one-year H-1B extension, provided your PERM has been filed for at least 365 days. 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. A green card is not guaranteed if you change jobs while your I-140 is pending. Getting an EB-2 NIW is a delicate process. The most important thing is to present your evidence to USCIS in a convincing way. Depending on the circumstances, the USCIS may favor the new job over the former one. 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. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. No, it is not mandatory to have a Ph.D. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. 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. Before you can apply for green card portability, you must have an approved form I-140. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Do I need to have a Ph.D. to qualify for NIW? The new job must be within the same occupational classification as the original one. If your I-140 was approved at least 180 days or more (and obviously your I-485 has been pending for those 180 days), you can change jobs provided: You have an employment authorization document (EAD), as you will no longer be employed under your H-1B visa. If this is the case, youll need to seek legal advice and apply for a new green card. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. Be sure to indicate on the petition that you want to retain your priority date. method to determine whether the evidence submitted by an NIW petitioner establishes that the proposed endeavor will be national in scope and whether the national interest will be adversely affected if a Labor Certification were required. First, USCIS will evaluate the submitted evidence to decide which evidence meets the required regulatory criteria. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. The only implication is that there is a non-refundable fee attached to each petition you file. All Rights Reserved. If I change jobs, does the new employer have to pay the wage stated on the labor certification? They use the Standard Occupational Classification (SOC) to group jobs/occupations. This is a very difficult situation as you will not only need to prove that your new enterprise is in the national interest, but you will also need to prove that you are qualified to advance the enterprise. For those who have obtained an approved I-140 petition through employer-sponsorship, job changes can still be accomplished even if an I-485 application has not yet been filed due to lack of available immigrant visas or green cards based on the employees country of birth, priority date, and preference category. 2023 VisaNation, Inc. All Rights Reserved. You may have gotten a promotion and now want to apply for a green card portability program. No occupation will be assigned to more than one category with six digits. 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. Hire Us. Copyright 2019, MURTHY LAW FIRM. Trackitt: Immigration on the App Store. The government recommends that you change your employer only if you have changed your job in good faith. 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. Although the NIW requirements, as in the. First, the new job must be within the same company, not a different organization. The 180-day portability rule provides that if a person has submitted an application for I-485 adjustment of status and has an I-140 visa petition approved under one of the Employment-Based preference categories, he can change jobs and still adjust his status as long as the new job is in the same or a similar occupation and his application for 703.348.8448 | Fax. , 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. This is a huge benefit to both you and the job market, as valuable workers have more mobility. However, the old and new job offers must both be in the same or similar occupational classification for the AC21 job portability to apply. What is important is that you continue to satisfy the core requirements of the NIW, which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. 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. We have all learned a lot about AC21 since it became law in October 2000. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. However, when you completely change employers at any point in the green card process after filing the I-140, you must have that employer file a new I-140. This may grant you an extension beyond the maximum six-year period of stay. Trackitt PermPerm processing time for 2022. So, for instance, if its apparent that you intend to change jobs just before a green card approval, there may be red flags raised. There are no geographic limitations on the new employment position under AC21. This was explained in a June 2001 initial Interim Guidance Memo and reaffirmed in the May 2005 Yates Memo. Please see the How Do I Request Premium . What is the three-pronged test set by USCIS? It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. Do I need to inform USCIS if I change jobs? 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. This may save you from having your adjustment of status application denied even after your Form I-185 has been pending for more than 180 days. You must also keep in mind that the period starts right from the receipt date of I-485. 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 (. ) In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. 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. Also, the employer will be exposed to the possibility of an audit. What green cards bypass the labor certification process and allow me to self-petition? Can My Spouse Apply for H-4 EAD With the Approved I-140? If you are in the process of obtaining an NIW for your. There are 2 options for you to begin your LPR process once your I-140 is approved. The employer can always withdraw or request to revoke the I-140 petition. Q. The first thing is to determine if your job is in the national interest. Changing your job before you physically receive your visa will incur problems if not handled correctly. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. Who is Prohibited from Asylum and Withholding of Removal? Our attorneys will be able to advise you on what steps you need to take and ensure that your application is processed as quickly as possible. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. Yes. Q. Job Change After I 140 Approval Green Card Portability Rules How Can I Transfer My H 1b To A New Employer And Keep My Green Perm Labor Certification Transfer Changing Jobs During The Process Not everyone who applies for an EB-2 green card is eligible for an NIW. Q. I lost my job before the I-485 had been pending 180 days. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. Adjudicating your case it became law in October 2000 initial Interim Guidance Memo and reaffirmed in the of... Job in good faith you change jobs while your I-140 is approved naturalization if! Favor the new job must be within the same occupational classification as the original one are NIW jobs that (! 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