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. For instance, if you are promoted into a managerial or supervisory position, the classification and job description may be significantly different from the original position. Q. Adjustment of Status, Eligibility to File an Adjustment of Status (AOS), Applying For An EAD (Employment Authorization Document), Eligibility to Apply for an Employment Authorization Document (EAD), Employed Without an Employment Authorization Document, FAQ for Employment Authorization Documents, Interim Employment Authorization Document, Requirements to Claim the Benefits under Section 245(i). Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. An I-140 typically can be used only to apply for lawful permanent residency (i.e. The new position must match the original job description and SOC code listed in the I-140. 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 employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. Who is Not Protected under INA Section 245(i)? Retaining your priority date is also the trick to porting your green card. However, you cannot use the tasks you have completed in the past with your new employer. One of the primary potential problems arises if an RFE is issued. as well as a new application for your NIW. However, you will need to prove that the occupation qualifies you for the green card portability requirement. Yes, you may change employers after your NIW has been approved. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. And how do I continue to work lawfully while the petition is pending? 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. This is why you must be sure to do your due diligence and let your case strike the right balance. You can switch to any career of your choice as long as you can provide convincing evidence to prove that what you are doing is benefiting the U.S. economy or general well-being. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? The I-485 is based on the I-140, however, which is the employers filing. You can contact an immigration attorney or employment law firm to find out the best course of action for you. 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. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. The new job is in the same or similar occupation. If your petition to port the green card application from one job offer to another is successful, you can successfully change jobs without worrying about losing your place in line for a green card. The employer does not control the I-485 application, since this is filed directly by the foreign national. 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. 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. Remember that an I-140 approval does not automatically guarantee your 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. 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. Applications are pending from the time they are filed with the USCIS. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. The new job must be associated with the previous position, and its duties must be similar. 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. 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. 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. Depending on the circumstances, the USCIS may favor the new job over the former one. Therefore, there is no legal requirement to work for the sponsor at the time of filing the labor certification (LC), or even while the I-140 or I-485 is pending. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. 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. I-140 petition is for a future job with Employer A and hence, unless I-140 is explicitly revoked by your Employer A (current employer), the petition remains valid and will reach a decision stage someday. This is a huge benefit to both you and the job market, as valuable workers have more mobility. First, the new job must be within the same company, not a different organization. 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. Trackitt: Immigration on the App Store. Familiarity with these rules should help in making informed decisions about a possible change to a new employer or a new position with the same employer. 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. This is a simple application to adjust your status based on the green card petition you filed. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. As long as you follow certain rules, you can switch jobs while your I-140 is pending. Before you can apply for green card portability, you must have an approved form I-140. The National Interest Waiver is a way for EB-2 applicants (i.e. Established in Matter of Dhanasar, the three-pronged test requires the following: Your immigration attorney will help you highlight how your endeavor helps benefit the United States, how working conditions will be improved for U.S. workers, immediate and long-term benefits, etc. Advocacy is the most important factor in processing the NIW petition. The NIW allows you to self-petition for your EB-2 green card, meaning your status is not tied to a particular job or employer, unlike employer-sponsored categories. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. 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. Trackitt PermPerm processing time for 2022. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. If you meet the above two qualifications, you can use I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) to request a replacement of the job offer identified in Form I-140 with your new job offer. Can I Retain My Priority Date After I-140 Withdrawal? . AC-21 does not cover how changing jobs affects your ability to gain citizenship. AC21 does not require that one leave the sponsoring employer. 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. Q. I lost my job before the I-485 had been pending 180 days. If your new job offers a position with a similar title and with the same employer, your green card will continue to be valid but you will need to file an I-140 amendment. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? However, by following the steps of green card portability, you will not have to start the process from scratch. Will my change of career affect my naturalization application? USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. 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. No. Here are some tips. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. Answer 2. The approval of a green card is an exciting time for most immigrants. No. Occupations are generally categorized based on the type of work performed. 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. You can include information related to your educational background/skills, stories of success in your field, a plan of action for your endeavor, records showing past accomplishments, the interest of shareholders/customers/stakeholders, etc. 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. 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). 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