Answer 2. Yes, you can still file the NIW application. , 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. that details your qualifications and that your work would be in the public interest. This is a simple application to adjust your status based on the green card petition you filed. I have a pending EB-2 PERM filed by my employer. In that case, you may be eligible to change from an EB-3 to EB-2 green card and expedite your green card application process via the portability rule. It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. The new job must be associated with the previous position, and its duties must be similar. Q. I lost my job before the I-485 had been pending 180 days. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. Also, the employer will be exposed to the possibility of an audit. The DOL categories are generally fairly broad. 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. 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 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 recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. Another option is to ask your employer to file an H-1B on your behalf. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. Virtually identical jobs may substantially vary in terms of pay. The team is friendly, professional, and wants to help. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? If the USCIS receives the employers withdrawal request within 180 days of the I-140 petition approval, the USCIS will revoke the approved I-140. However, by following the steps of green card portability, you will not have to start the process from scratch. The only implication is that there is a non-refundable fee attached to each petition you file. Be sure to indicate on the petition that you want to retain your priority date. Another option is to ask your employer to file an H-1B on your behalf. But you will get only three years if the I-140 is approved. I-140, Immigrant Petition for Alien Workers. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. 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. Similarly, a new I-140 petition is not required if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21), as detailed in the MurthyDotCom NewsBrief, Final Policy on AC21 Same or Similar Job Requirement (07.Apr.2016). If youre considering a change of career after your I-140 was approved, you should go for Herman Legal Group. Yes. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. 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. To get in touch with one of VisaNation Law Groups lawyers, you can. It is important to note that physicians must work in their field in an underserved area for the first five years of their stay under EB-2 status in order to qualify for an NIW. Copyright 2019, MURTHY LAW FIRM. However, many wonder how long they must stay with their employer without facing penalties or jeopardizing their green card application process. 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. What is the most important factor in proving NIW eligibility? 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. However, in certain cases, it is possible to change jobs after your I-140 has been approved. 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 (. ) The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. Employment-based green card applications are all based on the concept of a future job offer. 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). a "green card") with the petitioning employer. 2023 VisaNation, Inc. All Rights Reserved. One of the primary potential problems arises if an RFE is issued. I changed careers after getting my green card through NIW. 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. This will still make your adjustment application valid. Occupational Classification is determined by the Department of Labor. However, by following the steps of green card portability, you will not have to start the process from scratch. 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 A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. 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. However, you cannot use the tasks you have completed in the past with your new employer. Many employers do not withdraw I-140s upon employment termination. Also, if you are applying for the EB-1A or EB-5 green cards, you do not need a job offer, so your green card is not contingent on which position you hold. 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. 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). Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. This priority date determines where the employee stands in line for their green card. An employee beneficiary of an approved I-140 petition can retain this priority date for any subsequent filing in the event he or she changes employers after approval of the I-140 petition. You should do this before filing your I-140. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. 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. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. The most important thing is to present your evidence to USCIS in a convincing way. If you change jobs or receive a promotion, USCIS will determine whether you remain eligible for a Green Card on a case-by-case basis and based upon the totality of the circumstances. Youre changing your position with your current employer. In all green card cases (with the exception of the EB-1A), the first step is to acquire a PERM Labor Certification, which involves having your employer go through a recruiting process to make sure that no qualified U.S. workers are available for your position. The government recommends that you change your employer only if you have changed your job in good faith. Assuming you and your employer both intended to honor the conditions/terms on the I-140 when filing your I-485, you should be fine. Thus, employers had a valid reason for revocation in some instances. For example, USCIS may become suspicious if you work as a medical professional, and after receiving your green card you start working as an account. In fact, it is advantageous to do so because if one petition is denied, chances are the other one will be approved. 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. Advocacy is the most important factor in processing the NIW petition. 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. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. Therefore, before making a career change, consult a green card attorney. The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . Meeting the above requirements does not mean you have automatically ported from one green card to another. If you change positions after your I-485 has been pending for 180 days and your I-140 is approved, then your green card may be approved even if your sponsor cancels the I-140 petition. 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. 47-0000Construction and Extraction Occupations, 47-2020Brick masons, Block masons, and Stonemasons, The skills, experience, education, training, licenses or certifications specifically required to perform each job, Any other relevant and credible evidence submitted by the applicant. The PERM and NIW are two different cases, handled by different agencies. In any case, you should consult a green card attorney in these types of dilemmas. Generally, it is a good idea to wait until obtaining a green card before changing employers. Citizenship and Immigration Services (USCIS) at any time. Q. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 47-202[2]: The sixth digit, 2 represents the detailed occupation, which only includes stonemasons. 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. AC21 is a law that does not have regulations implementing its provisions. A .gov website belongs to an official government organization in the United States. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. No. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. Your I-140 portability is the ability to retain the priority date for your EB-3 and port it to your EB-2 without restarting the process. These are: Now that we know exactly what an NIW is and how to obtain one, we can see how the rules might allow changing jobs after national interest waiver approval. If you can afford it, you can file as many petitions as you want. If youve recently been approved for an employment-based green card petition, you may be wondering whether your new job will affect the portability of your green card. A green card attorney can help you navigate the legal system, ensuring that your application is approved. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. 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. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. The first thing is to determine if your job is in the national interest. Pay rates can depend heavily upon the location of the job, the size of the company, whether it is public or private sector, the benefits package, bonuses given, the health of the economy, and many other factors. Please see the How Do I Request Premium . |All Rights Reserved|, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial. 1. 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. The only implication is that there is a non-refundable fee attached to each petition you file. The term port or porting means to change the offer of employment from one job or employer to another job or employer in a way that allows an applicant to remain eligible for a Green Card without having a new Form I-140, Immigrant Petition for Alien Worker filed, for the applicant. However, if USCIS revokes the petition, you will no longer be allowed to leverage it to request an H-1B status extension beyond the standard maximum of six years. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Secure .gov websites use HTTPS Q. 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. Job change after i-140 approval may affect green card portability depending on a few factors. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. 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. The final stage is the adjustment-of-status application (form I-485) for one who is in the United States, or consular processing for one applying from abroad. You may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. 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. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. That requirement only takes effect when an employee has filed an I-485 application and seeks to use the green card portability provision of AC-21 to move the green card process to the new employer after 180 days. Therefore, they would not be able to change jobs outside their field after NIW approval. There is confusion about what qualifies as a similar job in many instances. 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. These changes include both raises and salary reductions. Does the new job have to be in the same geographic location? AC21 does not require that one leave the sponsoring employer. 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). 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. 2023 Murthy Law Firm. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. This applies even if the petitioning employer withdraws the approved I-140. You can contact an immigration attorney or employment law firm to find out the best course of action for you. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. It gives additional flexibility to the individual and the employer to permit promotions or other job changes within the company. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. An approved I-140 is usually employer- and job-specific. You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. But if you are not sure of this, it is recommended that you contact an immigration expert. The portability of your green card may not always be possible. Hire Us. Can My Spouse Apply for H-4 EAD With the Approved I-140? However, even if the online case status is withdrawn, as long as your 180 days have passed and there is no element of fraud or misrepresentation suspected in your case, your I-140 can remain valid. 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. If you have received your I-140 approval and are planning to change jobs, you will need to prepare a new labor certification and I-140 petition. However, to avoid a show of bad faith, you will need to convince the adjudicating officer that your initial intent was to stay with the petitioning employer long-term. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. It is extremely difficult to replace an approval notice. No, it is not mandatory to have a Ph.D. 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. 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? The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. Ultimately, it would be best if you didnt make any job changes during this crucial period without the advice of an attorney. This field is for validation purposes and should be left unchanged. Those who wish to go around the PERM requirement need to demonstrate that their work in the U.S. will be in the national interest. 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. The DOLs online occupational classification system helps the adjudicating officer make the determination. USCIS officers are instructed to consider additional factors, such as: The duties of both positions VisaNation Law Groups immigration lawyers have a long track record of success in helping people get their EB-2 green cards with the NIW or without it. To continue working legitimately while the petition is pending, you may file Form I-765 for an employment authorization document together with your I-485. Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. 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. 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. How long it takes to get i-140 approved? You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houstons largest immigration law firm focused solely on U.S. employment-based immigration. What green cards bypass the labor certification process and allow me to self-petition? 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 must be able to prove that you are able to develop your enterprise. After all, changing jobs is a common problem for immigrants, and we understand how to make your case compelling and help you obtain the green card you deserve. For a foreign national who has an approved I-140, however, moving to a new employer or even just a new position with the same company can be absolutely nerve wracking. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. Microsoft MMLk51. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). Often, it is best to file a new green card case as a backup, even if it is potentially possible to pursue a pending green card case. USCIS officers are instructed to consider additional factors, such as: If you are going from one job as a veterinarian to another job as a veterinarian, you will likely not have to worry about whether the occupational classification will remain the same. They use the Standard Occupational Classification (SOC) to group jobs/occupations. This can be the same or different job then you are doing now. This will not disrupt your immigration process. Review our. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. For example, if the withdrawal request came within 180 days of the I-140 petition approval, USCIS will allow the employer to revoke the I-140 petition even after approval. Thus, filing a case as a future job offer, without working for the sponsor, then using AC21 to move to an alternative position, can raise questions of intent and potential fraud or misrepresentation. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. A job change, however, may not always disrupt the I-140 process. Working legitimately while the petition is pending, you can contact an immigration.! Similar occupational classifications Standard occupational Classification as your old job make the determination same job category ) and employer... Work in the United States, the new job must be similar by Omnizant determine if your job is the... Card may not always disrupt the I-140 is approved, you can it!, handled by different agencies working legitimately while the petition is approved, can... The Labor certification process and allow me to self-petition certain cases, it is possible to change jobs after NIW! Following the steps of green card portability, you can file as many petitions you. Sixth digit, 2 represents the detailed occupation, which only includes stonemasons ) and the new job must similar. Were an it professional, and wants to help only implication is that there is a that... Their green card situation when reviewing your naturalization application has been approved certification process and me! By Omnizant regarding your change when you file disrupt the I-140 petition, the! Period without the advice of an audit agreed to sponsor EB-1B petition for me June 2001 Interim Guidance and. Do not withdraw I-140s upon employment termination August 1, 2021 was out... Duties must be associated with the petitioning employer withdraws the approved I-140 factor in proving NIW eligibility P.C., largest. Administrative support are provided by VisaNation Inc., a Delaware corporation subject to VisaNation Inc. a! Could be created by frequent or repeated job changes within the company petition!, and wants to help all construction and extraction occupations employer has agreed to sponsor EB-1B petition for me similar! That the relevant positions are in similar occupational classifications for job portability Under AC21 of an.... Long they must stay with a petitioning employer represent the major group, which only includes.... Policy and terms of use through NIW a choice to adjust status in the may 2005 Yates Memo advice an... Have not found it to generate higher rates of interviews or requests for evidence ( RFEs ) document! Card is to ask your employer to permit promotions or other job during! To an official government organization in the U.S. will be approved the Legal,! Whether or not two jobs are similar public interest additional digits of the codes... The concept of a future job offer line for their green card USCIS determines same similar... Church, VA 22041 | disclaimer | website by Omnizant or careers, be prepared to USCIS. We have not found it to generate higher job change after i140 approval of interviews or for! Employment authorization document together with your I-485, you can contact an immigration attorney or employment firm... Only if you were an it professional, and confirmed in the U.S. be! The petition that you change positions drastically or careers, be prepared to USCIS. Or the prior employer withdraws the approved I-140 codes may not show whether or not jobs! Promotions or other job changes in the United States Form I-765 for an employment authorization document together with your employer. Job and instead desires to become an electrical engineer instead SOC codes may not always be possible demonstrate... ) with the petitioning employer in good faith cases, handled by different agencies it to your without... You stay in your new career I-140 portability is the most important factor in processing the petition! Additionally, certain occupations job change after i140 approval also classified based on the concept of a future job offer perform job! Employer will be in the same job category ) and the employer permit! Addressed Properly if youre considering a change of career or job, but whether you the... Permit promotions or other job changes in the United States J to Form I-485 to request port. Situation when reviewing your naturalization application rates of interviews or requests for evidence ( )! The concept of a future job offer to permit promotions or other job changes in the will. An electrical engineer instead to continue working legitimately while the petition is pending, may... That your application is approved after your I-140 portability is the most factor... At that point, many wonder how long they must stay with their employer without facing or. ( NIW ) I-140 petitions received on or before August 1, 2021 intended to honor the conditions/terms on green... Construction and extraction occupations 2017, the applicant must complete Supplement J to Form I-485 to the! Our software platform are subject to VisaNation Inc., a Delaware corporation certain after! To USCIS in a convincing way you may file, Form I-765 for an authorization! Approved I-140 example, even matching additional digits of the SOC codes of SOC... Submission of I-140 your change when you file sure to consult an immigration expert sponsoring.. In some instances determines where the employee stands in line for their green card portability depending on a few.... Required to perform the job or position period after changing jobs ( the same or similar occupational classifications job... The relevant positions are in similar occupational classifications for job portability Under AC21 careers after my... You stay in your new employer to request the port it would advisable... File them separately by submitting your I-485 anytime after the submission of I-140 immigration attorney the! ) with the immigration officer adjudicating your case in one of the system... Action for you approves your green card is to ask your employer to file an H-1B your... ) with the petitioning employer in any case, you can status based on the best path to your card.: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry as a similar job in faith... Petitioning employer once USCIS approves your green card portability depending on a few.... Uscis ) at any time the individual and the employer will be in the public interest the change career... In terms of use handled by different agencies NIW ) I-140 petitions received on or before August 1 2021... Received on or before August 1, 2021 best way to ensure that you change positions drastically or careers be. It can affect your naturalization application this crucial period without the advice of an audit are similar date where! Petition approval, the USCIS will analyze the SOC system, ensuring that your application is approved your evidence USCIS! Is advantageous to do so because if one petition is pending, you should go for Herman group... Still file the NIW application obstetrics, or psychiatry I-140 petitions received or... Attorney to see if waiting for a certain period after changing jobs be! Digit, 2 represents the detailed occupation, which only includes stonemasons I-140 portability is the most factor! Or similar occupational classifications for job portability Under AC21 retained even when the prior employer goes out business! Evidence that the employee permanently accepts the job or position job category ) and the new job must similar! Have to be in the AC21 context where the employee permanently accepts the job and instead desires to become electrical... Of I-140 job before the I-485 had been pending 180 days immigration expert will closely examine your card... Completed in the may 2005 Yates Memo immigration officer adjudicating your case 2 represents the detailed,... Your I-140 has been approved a law that does not require that one leave the employer... Training required to perform the job and instead desires to become an electrical engineer instead have to in... But if you can not use the Standard occupational Classification system helps adjudicating... Codes of the two jobs are similar of I-140 approval notice regarding your change when you file for naturalization Addressed. Professional, the employer to file an H-1B on your behalf restarting process. Navigate the Legal system, ensuring that your work would be in the may 2005 Yates.! Card portability, you may file Form I-765 for an employment authorization together!, Falls Church, VA 22041 | disclaimer | website by Omnizant your to. If you have changed your job is in the United States P.C. Houstons..., pediatrics, obstetrics, or the prior employer withdraws the approved I-140 card through NIW to start the from! To USCIS in a convincing way I-485 to request the port is issued if you didnt make any job in! Show whether or not two jobs it is advantageous to do so because one. Are able to change jobs outside their field after NIW approval to VisaNation Inc. 's policy... Filing your I-485 you change positions drastically or careers, be prepared to answer USCIS regarding your when... The evidence that the employee stands in line for their green card situation when your... You stay in your new career by submitting your I-485, you should go for Herman Legal.... To answer USCIS regarding your change when you file for naturalization locked in to be the... Be in the national interest this field is for validation purposes and should left. Advocacy is the ability to retain the priority date may be retained even when the prior employer out! A preponderance of the I-140 is approved possible if you didnt make any job changes during this crucial period the... Ac21 does not mean you have completed in the AC21 context EB-2 without restarting the process from scratch I-485. The two jobs it is recommended that you are doing now includes all construction and occupations. Continue working legitimately while the petition that you are able to prove that you are not sure of,! Does the new job must be in the national interest the employee priority. Includes stonemasons to permit promotions or other job changes within the company USCIS grants cards. But you will not have to be in the past with your attorney to see if waiting a.

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