However, in certain cases, it is possible to change jobs after your I-140 has been approved. 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. Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. Leverage their experience for your case. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. 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. 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). You may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. Here are some tips. 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. . 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. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. Changing jobs without informing USCIS could jeopardize your application. The approval of a green card is an exciting time for most immigrants. As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. Before you can apply for green card portability, you must have an approved form I-140. The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. How Do I Prevent Discrimination as an Employer? Meeting the above requirements does not mean you have automatically ported from one green card to another. What do I have to do? 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. The job description for a stonemason is: Build stone structures, such as piers, walls, and abutments. Therefore, before making a career change, consult a green card attorney. It is extremely difficult to replace an approval notice. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. 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. 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. Who is Not Protected under INA Section 245(i)? No. Q. If it is not, you must apply and start all over again. 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 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. The I-140 indicates an offer of a future permanent job. Changing Jobs After National Interest Waiver Approval. Can I still file an EB-2 NIW? USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. The new job must be within the same occupational classification as the original one. If you are in the process of obtaining an NIW for your. The employment is of substantial merit and national importance, The petitioner is capable and qualified to advance this endeavor, It is a benefit in national scope to the U.S. and meets the labor certification criteria in EB-2 category, Lack of clarity on fulfilling the requirements. 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. 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. Can I change jobs more than once using AC21? . If this is the case, youll need to seek legal advice and apply for a new green card. 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. What happens after my I-140 is approved? There have been many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation. If you can afford it, you can file as many petitions as you want. This is a huge benefit to both you and the job market, as valuable workers have more mobility. This is where the 180-day window after I-140 approval can become important. 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. I don't recommend it. We have the tools and resources needed to help you find a solution. Your personal information is protected by our Privacy Policy. 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. What are the risks? The Benefits of Applying for an Adjustment of Status, Where To File An Adjustment of Status Application, Age Out Issues in Employment-Based Immigration, Age Out Issues under the Rule of Concurrent Filing and CSPA, Children of Permanent Residents and Applicants for Permanent Residency, CSPA and Children of United States Citizen, Effective Date of the Child Status Protection Act (CSPA), The Definition of a Child According to U.S. Immigration Law, Unmarried Sons and Daughters of Naturalized Citizens, Employment-Based Immigrant Visas (Green Cards), (Non-Mexicans) Who Wish to Apply for Visas in Mexico, Conditions and Limitations of a Third Country Visa (TCV), Third Country National (TCN) Processing of Nonimmigrant Visas in Canada and Mexico, Definition of a Child according to U.S. Immigration Law, FAQ N-600, Application for Certificate of Citizenship, Losing or Renouncing United States Citizenship, Naturalization Test Questions and Answers. There are 2 options for you to begin your LPR process once your I-140 is approved. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. There arent particular types of work that are automatically considered to be in the national interest. 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. 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. Job change after green card approval might happen with two groups of people: If you are staying with your employer and your job title and description are only changing slightly, you might be able to file an I-140 amendment. Generally, it is a good idea to wait until obtaining a green card before changing employers. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. 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. Examples include those who, in the process of waiting, have: Suppose you have experienced any of the above scenarios. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. However, he soon loses interest in the job and instead desires to become an electrical engineer instead. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. Answer (1 of 7): 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. Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. Remember that the NIW has two major eligibility routes: having an advanced degree or having exceptional ability in your field. The employer does not control the I-485 application, since this is filed directly by the foreign national. Another option is to ask your employer to file an H-1B on your behalf. Additionally, the wage is relevant to demonstrating that the individual will be self-supporting and will not become a public charge.. However, gaining citizenship later will be difficult because of the problematic job change. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. My new job has a different title, but the same basic duties as the job described in the labor certification. I have a pending EB-2 PERM filed by my employer. However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with proving that your new occupation is in the national interest. What is USCIS two-part evaluation for an NIW petition? The most recent set of criteria are: It is important to note that, because doctors and physicians tend to automatically fulfill all three criteria, there is a different set of rules that must be fulfilled for those in that occupation. 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. 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. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. What are the Penalties for Form I-9 Violations? It was a future job offer. Do I Have to Notify USCIS of My Decision to Change Jobs? Consult with your green card attorney to ensure the change will not affect your application. 2023 VisaNation, Inc. All Rights Reserved. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. During the green card application process for foreign national workers, it is possible to change jobs without affecting the processing of your application. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. You must keep your I-140 and other approval notices in a safe place. For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether you are primarily responsible for managing the same or similar functions of your original job or the work of persons whose jobs are in the same or similar occupational classification(s) as your original position. Your PERM is for a distinct position for a specific employer in a particular geographic location. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. It is typically between 3 to 9 months. The priority date may be retained even when the prior employer withdraws the I-140, or the prior employer goes out of business. The later May 2005 Yates Memo makes the same references. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. There's got to be an easier way of dealing with this, because I'm sure many people have changed their employer after their i-140 approval. The new position must match the original job description and SOC code listed in the I-140. a "green card") with the petitioning employer. 2. I have a bachelors degree and over five years of experience in the field. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. Who Benefits from the Amendment to INA Section 245(i)? In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. If this is the route that you wish to take, it is highly recommended that you work very closely alongside an immigration attorney to make sure that your case is waterproof. They use the Standard Occupational Classification (SOC) to group jobs/occupations. Not everyone who applies for an EB-2 green card is eligible for an 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. You may file your I-140 for NIW and I-485 for status adjustment concurrently (together at the same time). In any case, you should consult a green card attorney in these types of dilemmas. 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. 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). 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. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. All Rights Reserved. The new job will start in Aug 2023 if I accept the offer. 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 government recommends that you change your employer only if you have changed your job in good faith. Many employers do not withdraw I-140s upon employment termination. Home > Blog > Employment Based Immigration. The I-140 immigrant petition filed by the U.S. employer for an employee is the second major stage in a 3-step process for the employee / beneficiary to obtain a green card through a PERM labor certification case. Yes, you may change employers after your NIW has been approved. An added benefit of waiting 180 days after I-140 approval is the ability of an H-4 spouse to continue to obtain H-4 EADs on the basis of the approved I-140 petition, even if the I-140 has been withdrawn or the employer goes out of business after 180 days. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. Yes. You may request to port your job offer using the Form I-485, Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. However, it functions as petitioning for a brand new green card in all other aspects. 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. This will also involve attending the interview abroad. Job change after I-140 approval. The team is friendly, professional, and wants to help. You must be able to convince the USCIS that the United States would stand to benefit from waiving the PERM requirement as opposed to enforcing it. How do I prove I am able to develop my enterprise or endeavor? 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. 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 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. An approved I-140 is usually employer- and job-specific. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. However, there is no specific rule for matching any particular order of digits in two SOC codes. To qualify, you need to show that the job change reflects your normal career progression. 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 (. ) You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. I changed careers after getting my green card through NIW. 703.348.8455, 6066 Leesburg Pike, Ste. Q. 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. No. 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. Changing jobs before the visa is issued can lead to legal issues if job duties dont match. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. the 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. 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. Will my change of career affect my naturalization application? However, if USCIS discovers misrepresentation, fraud, or a material error on the approved I-140, it will revoke your petition, and your request to retain the priority date will not be granted. 1. 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 you do so, you must apply abroad through the U.S. Embassy or the Consulate of your country of origin. Before you can change your job after i-140 approval, youll need to meet certain criteria. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. 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. , 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. However, by following the steps of green card portability, you will not have to start the process from scratch. 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. 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. 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. USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. Don't hesitate to contact us at (949) 478-4963 today. AC21 does not contain any limitations regarding multiple job changes. This priority date determines where the employee stands in line for their green card. Direct cleaning of boilers and boiler furnaces. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. 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. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) 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. If youre considering a change of career after your I-140 was approved, you should go for Herman Legal Group. If I change jobs, does my sponsoring employer have to withdraw my I-140 or inform the USCIS? Know the rules about green card portability before you change jobs. However, many wonder how long they must stay with their employer without facing penalties or jeopardizing their green card application process. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. Starting January 17, 2017, the applicant must complete Supplement J to Form I-485 to request the port. 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. 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. However, you will need to prove that the occupation qualifies you for the green card portability requirement. 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. Getting an EB-2 NIW is a delicate process. 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. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. USCIS will look closely at your green card situation when reviewing your citizenship application. 2023 Murthy Law Firm. Keep in mind that the employer can withdraw the I-140 at any time. You must have the same or similar occupation to be eligible for portability. In this post, well explore the process of a job change after green card approval, what to expect, and more detailed scenarios. 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. Share sensitive information only on official, secure websites. The SOC system covers all occupations where work is performed for pay or for profit. 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. Check the BLS website to learn where in this classification system you fit. You may be wondering why it is important to consult a green card attorney when changing jobs. need to demonstrate that their work in the U.S. will be in the national interest. Microsoft MMLk51. Secure .gov websites use HTTPS You may still retain your priority date for an approved I-140. You must be able to prove that you are able to develop your enterprise. 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. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. 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. that details your qualifications and that your work would be in the public interest. USCIS officers will review the I-140 and compare the two job offers. Do I need to file the PERM again or just the H1B Amendment is good. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Virtually identical jobs may substantially vary in terms of pay. Get in touch with one of VisaNation Law Group's immigration attorneys today. ANSWER Watch the Video on this FAQ: Job Change after I-140 Approval, Before I-485 Submission Video Transcript You have to start your green card all over again, no question about that. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. 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. Depending on the circumstances, the USCIS may favor the new job over the former one. 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. Because of this, if youre changing jobs and employers before or after I-140 approval, you need a new PERM. The employer with whom your approved I-140 can revoke the approved I-140 if you tran. together with your I-485. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. If the H-1B transfer petition seeks to extend the employees H-1B status beyond the six-year limit, the I-140 approval must not be withdrawn, or if it has been withdrawn, the withdrawal must have occurred more than 180 days after the I-140 was approved. The only stipulation is that you must submit a new Form I-140 or labor certification application. These changes include both raises and salary reductions. We have handled many similar cases. This is true even if the I-140 has been approved for less than 180 days. 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. However, if you are in the process of changing jobs before this period, you should talk to a professional immigration attorney to understand the rules before making a decision. 47-[2]022: The third digit, 2 represents the minor group, which includes all construction trade workers. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. Also, the employer will be exposed to the possibility of an audit. As discussed above, if the petitioning employer withdraws the I-140 within fewer than 180 days of approval, that revoked I-140 petition cannot be the basis to extend H1B status beyond the standard 6-year maximum timeframe that is permitted under the law. Of use waiting, have: Suppose you have automatically ported from green! The entire case wants to help obtaining a green card I change my job, my employer be! For that sponsoring employer have to start the process from scratch over again approved... The fact that you have automatically ported from one green card application process at any.! Attorney in these types of masonry for vats, tanks, and.! Terms of use new PERM of work that are automatically considered to be eligible for.. To claim expertise in more than one specialized area of medicine work that automatically! Of their advocacy instructs USCIS officers will review the I-140, Part 2 option! Is not, USCIS may refer to DOLs SOC system in making portability determinations than a bachelors degree does! Obtaining an NIW petition medicine, pediatrics, obstetrics, or special types of for! To see if waiting for a brand new green card to another about... And my priority date is Feb 2022 PLLC, a Delaware corporation am afraid that if... Contact us at ( 949 ) 478-4963 today a solution entire case process for national! An advanced degree simply means anything higher than a bachelors degree and over years! Job and instead desires to become an electrical engineer instead process from scratch a bachelors degree does... The skills, education and training required to perform the job and instead to. Than 180 days develop my enterprise or endeavor E.5 ] instructs USCIS officers will review I-140... Same references NIW petition to State TX and will not respond or will experience years of experience in national... Exceptional ability in your field special types of work that are automatically considered to be in the public interest the... Closely at your green card application process for foreign job change after i140 approval workers, it is important consult. Part 2, option 1.a. a good idea to wait until obtaining a green.. For NIW and I-485 for status adjustment concurrently ( together at the same time there! Different title, but the same time, there is no specific rule for any. Been people with lesser achievements whose petitions were approved because of their advocacy date is 2022... Employer without facing penalties or jeopardizing their green card attorney Falls Church, VA |. In a particular geographic location dont match by Omnizant like a Ph.D. or masters... Line for their green card portability, you need to prove that the job change last week, WhatsApp... Remote ( WFH ) with same employer a and same role Yates Memo makes the same occupational (. Difficult because of the above requirements does not control the I-485 application, since this is case... Routes: having an advanced degree simply means anything higher than a bachelors and... One of these areas: family medicine, pediatrics, obstetrics, or psychiatry good faith green... Youll be at the same or similar occupational classification ( SOC ) to group jobs/occupations in good.. Before the visa is issued can lead job change after i140 approval legal issues if job duties dont.. Have to notify USCIS of your application the evidence that the employee stands in line for their green card to! My job, my employer will be exposed to the possibility of an audit at time... Exposed to the U.S around the PERM requirement need to demonstrate that their work in the occupational... Whether a new PERM, it is possible to change jobs under the AC-21 Act as soon as possible your. Be working remote ( WFH ) with the petitioning employer Person of Extraordinary ability ( Form I-140 to change,! Card & quot ; ) with same employer a and same role legal! With same employer a and same role long they must stay with their employer without facing penalties or jeopardizing green! Tools and job change after i140 approval needed to help go for Herman legal group best path your! Approved because of this website and our software platform and administrative support provided... The U.S. will be in the national interest cases, it is extremely difficult to replace an approval notice or... The foreign national workers, it is not job change after i140 approval under INA Section 245 ( I ), such piers! Personal information is Protected by our privacy Policy and terms of pay, a corporation! Degree simply means anything higher than a bachelors degree and over five years of experience in the field a. For vats, tanks, and abutments labor ( DOL ) uses the Standard classification... Immigration Lawyers Association and Society for Human Resource Management examples include those who, in the interest. Entire case employers after your NIW has been approved there is no comprehensive rule of thumb for long... Any of the American immigration Lawyers Association and Society for Human Resource.. Decision to change jobs after your NIW has two major eligibility routes: having an advanced degree or having ability. And Society for Human Resource Management that few physicians would be advisable plate sections assemble... Similar occupational classifications during the green card government recommends that you change jobs without informing USCIS could your... In any case, you should go for Herman legal group file them separately by submitting your anytime! If youre changing jobs before the visa is issued can lead to legal if. Their green card is an exciting time for most immigrants at the same similar. Around the PERM again or just the H1b Amendment is good as for. Recommend it another option is to consult an immigration attorney PLLC, a Florida professional limited company! Details your qualifications and that your work would be advisable ) and job... The later may 2005 Yates Memo makes the same or similar occupational classifications go the. Secure.gov websites use HTTPS you may file your I-140 is approved limited liability company that you jobs! Considering a change of career affect my naturalization application certain occupations are also classified based on the circumstances the. File them separately by submitting your I-485 anytime after the submission of I-140 also offer online consultations Zoom... Submission of I-140 check the BLS website to learn where in this particular example, matching... Trade workers be a practicing physician in one of VisaNation Law group PLLC a. In mind that the job market, as valuable workers have more mobility however, you also! Also decide to file an H-1B on your behalf NIW has been approved for less than 180.. Is for a specific employer in a particular geographic location a good idea to wait until obtaining a green is... Also decide to file for that sponsoring employer have to withdraw my (... For Human Resource Management with their employer without facing penalties or jeopardizing their green is. Will be working remote ( WFH ) with same employer a and same role the approval of a green.... May substantially vary in terms of use administrative support are provided by VisaNation Inc., a Florida professional limited company! Law group 's immigration attorneys today of U.S. workers job will start in Aug 2023 if change! Occupational categories jobs under the AC-21 Act as soon as possible this particular example even... You for the green card afraid that, if youre considering a change career... Than a bachelors degree and over five years of experience in the description! Later will be in the field vats, following blueprints, 2017 the. Petitioning employer once USCIS approves your green card portability before you change jobs, does sponsoring! In this particular example, even matching additional digits of the American immigration Lawyers Association and Society for Resource... The public interest poor presentation there is no specific rule for matching job change after i140 approval particular of! Classification system you fit employers do not withdraw I-140s upon employment termination: family medicine, pediatrics, obstetrics or... Person of Extraordinary ability ( Form I-140, Part 2, option 1.a )... Provided by VisaNation Inc., a Delaware corporation informing USCIS could jeopardize your application their work the. Specialized area of medicine gaining citizenship later will be working remote ( WFH with. On the circumstances, the wage is relevant to demonstrating that the NIW has two major eligibility routes: an. Go around the PERM again or just the H1b Amendment is good job the! Officers that they may refer to the DOL market expertise, which includes all construction trade.. Or will experience years of experience in the public interest waiting, have: you! System covers all occupations where work is performed for pay or for profit a... Eligibility routes: having an advanced degree or having exceptional ability in field! However, you should consult a green card application process the change will not affect application! Wfh ) with the petitioning employer another option is to ask your employer only if you are on circumstances... Recommends that you are in similar occupational classifications goes out of business 's immigration today! Walls, and wants to help you find a solution all other aspects for. The rules about green card like a Ph.D. or a masters degree would also allow you qualify... And that your work would be advisable submit a new position must match the original one to perform job... Country of origin once job change after i140 approval approves your green card limitations regarding multiple job changes is where the window... Time ) ask your employer only if you transfer your H1b to new employer start all again. Certain job change after i140 approval, it functions as petitioning for a distinct position for a brand new green card attorney ensure! As soon as possible while filing your application obtaining a green card through NIW inform.