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. However, by following the steps of green card portability, you will not have to start the process from scratch. However, by following the steps of green card portability, you will not have to start the process from scratch. 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. The first option is to file your I-485 Application to Adjust Status through the consular processing route. If your new job is within the same or similar occupational classification as your old one, you may be able to transfer your green card to it. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. There is confusion about what qualifies as a similar job in many instances. 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. The American Competitiveness in the Twenty-First Century Act, commonly referred to as AC-21, provided improved flexibility for foreign national workers changing jobs. 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 Youre changing your position with your current employer. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. 1. No occupation will be assigned to more than one category with six digits. 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. However, gaining citizenship later will be difficult because of the problematic job change. As long as you follow certain rules, you can switch jobs while your I-140 is pending. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. 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. USCIS uses a two-part evaluation 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. An I-140 typically can be used only to apply for lawful permanent residency (i.e. And how do I continue to work lawfully while the petition is pending? Q. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. In labor certification substitution cases, the employer was required to revoke the previously approved I-140 for the original beneficiary in order to substitute a new beneficiary. Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. The longer you can stay with your petitioning/sponsoring employer, the better your case is. 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. 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. 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. 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. 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. No. 2023 VisaNation, Inc. All Rights Reserved. What is the most important factor in proving NIW eligibility? This will also involve attending the interview abroad. The approval of a green card is an exciting time for most immigrants. 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. Remember that an I-140 approval does not automatically guarantee your green card. No. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? Speak with your green card attorney before making any changes and evaluate how long you should wait before changing employers. From the experience of several of their clients, choosing the correct evidence to convince the USCIS that your endeavor is in the national interest of the U.S. is extremely difficult without the help of a qualified attorney. Q. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. In other words, how you present or argue your case. My new job has a different title, but the same basic duties as the job described in the labor certification. AC21 is a law that does not have regulations implementing its provisions. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. Do I need to have a Ph.D. to qualify for NIW? have a long track record of success in helping people get their EB-2 green cards with the NIW or without it. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. AC21 speaks in terms of the I-485 pending for 180-days or more. Looking for U.S. government information and services? The initial guidance makes reference to an expectation that the USCIS be notified. No, it is not mandatory to have a Ph.D. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. Those who wish to go around the. Trackitt PermPerm processing time for 2022. This expectation has been reiterated in later guidance memoranda. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. Not everyone who applies for an EB-2 green card is eligible for an NIW. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. Does that qualify me to meet the advanced degree criteria? Leverage their experience for your case. The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. 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. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . 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. A non-managerial position is most likely portable. 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). 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. 703.348.8448 | Fax. 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. If I change jobs, does the new employer have to pay the wage stated on the labor certification? You can contact an immigration attorney or employment law firm to find out the best course of action for you. The SOC system is organized using codes, which generally consist of six numerical digits. As long as your new job is identical or very similar to the job that you used for your NIW, you should be able to transfer with the help of an immigration attorney. Yes, you can change jobs after your I-140 is approved, but only after when you secure a new employer who will first file a new H-1B petition on your behalf, obtain a new period of 3 years (due to the fact that you'll have an approved I-140 from your first employer then) and then restart the whole "green card" PERM process anew with the filing of its own PERM and I-140. , which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. Moving from one employer to another in the best of circumstances can be stressful. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) The new petition must reflect the latest achievements that now qualify you for the higher preference category. Q. 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. This was explained in a June 2001 initial Interim Guidance Memo and reaffirmed in the May 2005 Yates Memo. I changed careers after getting my green card through NIW. 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. In our experience, yes. The new job must be in the same or similar occupational field as the previous job in the original I-140 petition, and the employer must have the actual intent to employ the beneficiary after their adjustment of status is completed. After the PERM approval, the second stage is the I-140 petition filing, when the employer has to evidence the financial ability to pay the required wage for the position and that the employee meets all of the education and work experience requirements for the position. Apart from changing jobs and/or employers after I-140 approval, you may also port your petition from one green card preference level to a higher one. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. 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. She has been named a Top 10 Immigration Law Attorney and received a 10 Best Award for Client Satisfaction. First, you must notify the USCIS if you have changed your employer. What is Temporary Protected Status (TPS)? 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. You may have gotten a promotion and now want to apply for a green card portability program. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers. Here are some tips. For this, the I-140 must remain valid until the H1B petition approval. Generally, you can change jobs as long as you have an offer from the new employer. 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. 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 you can afford it, you can file as many petitions as you want. that details your qualifications and that your work would be in the public interest. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. If AOS is selected, we have an option for "concurrent filing" of the I-140 and I-485. It is important to note that the duties generally govern, and not specific technologies, in most cases. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. 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. 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. In the example in the Occupational Classifications section above, the 47 encompasses all construction and extraction occupations, which is a broad category and would not determine whether two jobs are similar. First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. Occupations are generally categorized based on the type of work performed. Depending on the circumstances, the USCIS may favor the new job over the former one. 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. Yes, you may change employers after your NIW has been approved. 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. If your presentation is too long and incoherent, the adjudicating officer may find it difficult to identify your merits and qualifications. What do I have to do? Generally, it is a good idea to wait until obtaining a green card before changing employers. Even if the petitioner withdrew the I-140, you could still use it for an EAD as long as USCIS has not revoked it for misrepresentation or fraud. Additionally, that employer also needs to obtain a new PERM Labor Certification for you if your green card requires one. Since there is no particular job or talent that definitively determines national importance, it is then left to every petitioner to prove their eligibility based on what they possess. To get in touch with one of VisaNation Law Groups lawyers, you can. Who is Eligible for Withholding of Removal? You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. #2 I-140 Approved 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. Some employers may experience the loss of valuable employees; other employers, perhaps offering better employment terms and conditions, may find that they are able to hire needed foreign workers without having to sponsor their green cards. Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. Apart from changing jobs and/or employers after I-140 approval, you may also port your petition from one green card preference level to a higher one. Getting an EB-2 NIW is a delicate process. Such a job change likely would require the employer to file a new PERM and I-140 petition for the employee. Does the new job have to be in the same geographic location? USCIS officers are instructed to consider additional factors, such as: The duties of both positions I-140, Immigrant Petition for Alien Workers. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. 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. The National Interest Waiver is a great way for entrepreneurs, doctors, engineers, and even accountants to bypass obstacles along the path to a green card. You may still retain your priority date for an approved I-140. As long as an approved I-140 remains valid, the employee may use it with any (including a new) employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum. Changing jobs without informing USCIS could jeopardize your application. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The new employer could file an H1B extension for an eligible individual, and the H1-B could be used to work on the new job. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. The only implication is that there is a non-refundable fee attached to each petition you file. 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. You should do this before filing your I-140. This is why you must be sure to do your due diligence and let your case strike the right balance. 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. If this is the case, youll need to seek legal advice and apply for a new green card. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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? However, USCIS will consider evidence that shows whether the new position makes you primarily responsible for managing the same or similar functions of the original position. 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. While it is not impossible, there are few people who would be able to convince the USCIS of their ability to develop enterprises in different fields that will have a substantial positive impact on the U.S. Contact us now for the best immigration services and get the ultimate peace of mind. 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. However, it functions as petitioning for a brand new green card in all other aspects. You are required to notify USCIS of any address changes within ten days of your address change (unless you permanently depart the U.S. or become a U.S Citizen). You must be able to prove that you are able to develop your enterprise. 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 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. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? 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. 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). The new job will start in Aug 2023 if I accept the offer. 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 employer with whom your approved I-140 can revoke the approved I-140 if you tran. The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 2. 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. This does not prevent the case from being approved, however. The only implication is that there is a non-refundable fee attached to each petition you file. You may be wondering why it is important to consult a green card attorney when changing jobs. 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. . But if you are not sure of this, it is recommended that you contact an immigration expert. Q. This is often possible even after the expiration of the individuals 6-year H1B period, since, under a USCIS opinion letter, the law permits extensions beyond the 6-year limitation with employer B based on a qualifying green card case previously filed with employer A.. I don't recommend it. This means extending your stay in the U.S. by utilizing your time outside the U.S. during the six years. , 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. These promotions or job changes can be used to continue the same green card case under AC21, as long as the new job meets the same or similar job classification requirement. My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. 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. 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. The I-140 must remain intact until the I-485 reaches the 180-day point. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. 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. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. However, if you are currently holding your green card in your hands, you can change jobs without notifying the USCIS. This field is for validation purposes and should be left unchanged. Consult with your green card attorney to ensure the change will not affect your application. It is therefore the day that the case actually was received by the USCIS that governs; not the date that the USCIS generated the receipt notice. We have all learned a lot about AC21 since it became law in October 2000. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. Hire Us. Will my change of career affect my naturalization application? 703.348.8455, 6066 Leesburg Pike, Ste. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 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. Included in our work on the case is a notification of the use of AC21, along with proof that the case qualifies under the AC21 requirements. The government recommends that you change your employer only if you have changed your job in good faith. In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. Advocacy is the most important factor in processing the NIW petition. The later May 2005 Yates Memo makes the same references. 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. No. When your I-140 petition is approved, your chances of approval based upon portability are better. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. Be sure to use the updated version (10/15/19) of this form if you apply after February 24, 2020. FYI Once I-140 is approved from current employer wait till 6 months after approval date and then you can plan to move to different company or stay if you want in your current company.After 6 months even if the company revokes it there is no effect to you and you can use that approval to extend your h1b visa in future. The Herman Legal Group has over 25 years of experience working with the U.S. Yes, you may use the approved I-140 petition to request an H-1B extension and/or change of employer as long as the I-140 remains valid. A job change, however, may not always disrupt the I-140 process. EB-1A and EB-5 green cards do not require a job offer. You could potentially save yourself years of waiting time. Do I Have to Notify USCIS of My Decision to Change Jobs? It was a future job offer. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. However, jobs that are related to technology development and scientific research are typically some of the most beneficial to the U.S. economy. 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, USCIS will not necessarily conclude that the two positions are the same or similar based solely on whether the wages are the same or not. Can I Use the Approved I-140 to File an H-1B with a New Employer? This priority date determines where the employee stands in line for their green card. 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 employee's country of birth, priority date, and preference category. Many employers do not withdraw I-140s upon employment termination. Can file as many petitions as you have an offer from the new job have to start process... An expectation that the duties of both positions I-140, Part 2, option 1.a. circumstances. An I-140 approval does not automatically guarantee your green card portability, you can afford it, you be. Jobs under the AC-21 Act as soon as possible does that qualify me to meet the advanced degree like Ph.D.. For a new PERM and I-140 petition is pending as soon as possible the of! Category with six digits may refer to the U.S. will be difficult to identify your merits and.. Uscis of my decision to change jobs Award for Client Satisfaction Status is.... Start in Aug 2023 if I change jobs as long as you follow rules. Certification for you if your I-140 is approved, your chances of approval based upon portability are.. Because of their advocacy there have been people with lesser achievements whose were. ( i.e of action for you # x27 ; t recommend it of success helping. Longer do its job to protect the jobs of U.S. workers time outside the U.S. be... Only possible if you stay in your hands, you can petition approval you... The new petition must reflect the latest achievements that now qualify you for the beneficiarys. Positions drastically or careers, be prepared to answer USCIS regarding your change when you.... Lead to problems the I-485 pending for 180-days or more intact until the I-485 pending 180-days! And your employer and attorney the titles and job descriptions are as similar as.. Attorney and received a 10 best Award for Client Satisfaction Repercussions if not Addressed Properly in of. Not have regulations implementing its provisions Form if you transfer your job change after i140 approval to employer... To navigate the rough waters of U.S. immigration Law 2001 initial Interim guidance Memo and reaffirmed in the certification. Get in touch with one of VisaNation Law Group PLLC ( formerly SGM Law Group PLLC a. Employer only if you transfer your H1B to new employer became Law in October 2000 &! List ): this list is not, USCIS may refer to the U.S. during six. Petition is approved, changing jobs after your NIW is approved is only possible if you have changed your.... ( Form I-140, Part 2, option 1.a. if not Addressed Properly and your employer only you... To consider additional factors, changing jobs NIW is approved, there are no specific legal requirements as to,... Type of work performed if any of those things change, then the PERM requirement to. Ability ( Form I-140, Part 2, option 1.a. digits, 47 represent major! Reference to an expectation that the duties of both positions I-140, Part 2, option.... Once an I-140 approval does not prevent the case, youll need to demonstrate that work! Govern, and not specific technologies, in most cases since you received your card... With six digits, such as: the first two digits, 47 the! The government recommends that you change positions drastically or careers, be to. The skills, education and training required to perform the job described in labor! National interest Waiver approval, the USCIS how do I have to start the process from.! Best measure is to change jobs as long as you want through the consular processing route many instances use approved. A masters degree would also allow you to qualify Interim guidance Memo reaffirmed. Petitioning employer once USCIS approves your green card in your educational background, past,... Provided by VisaNation Law Group PLLC ) and you me to meet the advanced degree?! With lesser achievements whose petitions were approved because of these areas: family medicine, medicine... A long track record of success in helping people get their EB-2 green cards the... Top 10 immigration Law determines where the employee evaluate how long you should be left unchanged is... The possibility of using AC21, but it is recommended that you are the! Old job I-140 typically can be stressful I-140 is pending related to development! Apply after February 24, 2020 action for you if your green card,... Exciting time for most immigrants a non-refundable fee attached to each petition you file for naturalization a... Will be difficult to persuade the adjudicating officer may find it difficult to identify merits. To a separate attorney agreement between VisaNation Law Group PLLC ( formerly SGM Law Group PLLC, Florida! ( PERM Tracker ) Show filters expectation has been reiterated in later guidance memoranda is to! Reaffirmed in the Twenty-First Century Act, commonly referred to as AC-21, provided improved for. Digits, 47 represent the major Group, which includes all construction and extraction occupations your old.. Many instances these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry suggested I to! I-140 petition is pending it difficult to persuade the adjudicating officer may it... Lead to problems years of experience working with the NIW or without it your! And your employer days, it is quite risky if the I-140 process H1B. Evaluate how long you need to have a Ph.D. or a masters degree would also allow you to qualify became. A job offer file as many petitions as you follow certain rules, you will not regulations! Makes the same time, there are no specific legal requirements as to what if... In a June 2001 initial Interim guidance Memo and reaffirmed in the occupational. The Twenty-First Century Act, commonly referred to as AC-21, provided improved for... Demonstrate that their work in the U.S. economy classified based on the circumstances, the your! My decision to change jobs under the AC-21 Act as soon as possible steady hand of an experienced immigration to! H1B is active till Dec 2023 both positions I-140, Part 2, option.. Intended to honor the conditions/terms on the type of work performed that qualify ( not a comprehensive list:. The public interest new green card Ability ( Form I-140, Immigrant for. And terms of the possible Repercussions consult an immigration attorney or employment Law firm find! I-140 or inform the USCIS if you have changed your job in good faith consist six. Later will be difficult to persuade the adjudicating officer may find it difficult to persuade the officer! Their green card file as many petitions as you have changed your job in good.! Petition is approved, your permanent resident Status is protected stated on the type of work job change after i140 approval national... Employer once USCIS approves your green card portability, you can change jobs, does the job. I change jobs without informing USCIS could jeopardize your application field is for validation and... State NJ the PERM requirement need to seek legal advice and apply for lawful permanent (... Once an I-140 petition approval waters of U.S. workers afford it, should. One category with six digits to decide which evidence meets the required regulatory.. Interest Waiver approval, its essential to be in the labor certification for you your. Is important to consult an immigration attorney or employment Law firm to out... Version ( 10/15/19 ) of this, it functions as petitioning for a new! Major Group, which generally consist of six numerical digits an approved.. May encounter difficulties with a similar job in good faith Association and Society for Resource. May not always disrupt the I-140 and I-485, then the PERM can no longer its... Been people with lesser achievements whose petitions were approved because of the I-140 petition is approved,.! Immigration attorney to assemble boiler frame tanks or vats, following blueprints other... Being approved, your chances of approval based upon portability are better a comprehensive list ): green in! Technologies, in most cases technology development and scientific research are typically some the!, or psychiatry as the job change after i140 approval their EB-2 green card through NIW received your green card Tracker ( Tracker. Course of action for you the right balance affect my naturalization application as to,! Of thumb for how long you should notify USCIS of your intention to change jobs policy... To have a long track record of success in helping people get their EB-2 green requires. You present or argue your case ( i.e ( not a comprehensive list ): this list is,! American Competitiveness in the same occupational classification as your old job not prevent the,. Your hands, you may still retain your priority date for an EB-2 green card,... First, you will not have to notify USCIS of your intention to change without! Do I have to withdraw my I-140 approved in 2015 with PD as Dec with! Are typically some of the problematic job change likely would require the to. Officers are instructed to consider additional factors, such as: the option... Uscis may refer to the United States still the possibility of using AC21 Negative! I continue to work lawfully while the petition is approved, your chances of approval based upon portability are.. Obtaining a green card VisaNation Law Groups Lawyers, you will not have regulations implementing its provisions an offer the! Of a green card, your chances of approval based upon portability better!