Changing jobs without informing USCIS could jeopardize your application. For this, the I-140 must remain valid until the H1B petition approval. For example, the SOC code for a stonemason is 47-2022. Q. , 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 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. 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. There are some key concerns in this situation. Withdrawal/Revocation of I-140 If an I-140 is withdrawn or revoked before 180 days, then the I-140 petition is no longer valid and cannot be ported to a new employer, even after 180 days under the AC-21 rule. 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. 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. 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. 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. received new job offers that meet the eligibility criteria for a higher preference green card category, have additional job experience that qualifies them for an EB-2, had an increase in job salary in relation to the increased complexity of their job duties. Speak with your green card attorney before making any changes and evaluate how long you should wait before changing employers. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. How Do I Prevent Discrimination as an Employer? Before you can apply for green card portability, you must have an approved form I-140. The Herman Legal Group has over 25 years of experience working with the U.S. as well as a new application for your NIW. 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 the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. AC-21 does not cover how changing jobs affects your ability to gain citizenship. This is where the 180-day window after I-140 approval can become important. The new position must match the original job description and SOC code listed in the I-140. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. I have a bachelors degree and over five years of experience in the field. 47-[2]022: The third digit, 2 represents the minor group, which includes all construction trade workers. Trackitt: Immigration on the App Store. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence, Changing Employers on H-1B After I-140 Approval. 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. 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. 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. AC21 does not require that one leave the sponsoring employer. Due to the sensitive nature of changing jobs after green card approval, its essential to be aware of the possible repercussions. You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. Our strategy for new clients with AC21 cases is to take over representation in the I-485 and act as the attorney for the remainder of the case. Virtually identical jobs may substantially vary in terms of pay. The job description for a stonemason is: Build stone structures, such as piers, walls, and abutments. The best proof that a job offer is valid, however, is working for the sponsor. Ordinarily, the I-140 petitioning employer may send a withdrawal notice to the U.S. 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. This does not prevent the case from being approved, however. Thus, employers had a valid reason for revocation in some instances. No, it is not mandatory to have a Ph.D. 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. The only issue is that it will require going through the H-1B process, and there may be a delay. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. 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. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. You may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. 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. Keep in mind that the employer can withdraw the I-140 at any time. The I-140 must remain intact until the I-485 reaches the 180-day point. We note that, at The Anwari Law Firm, we have seen many instances of significant changes in wages that still meet the AC21 requirements. This was set out in the June 2001 Interim Guidance, and confirmed in the May 2005 Yates Memo. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. 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. Changing Green Card Categories After I-140 Approval, I-140 Portability: How to Port from EB-3 to EB-2. 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. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case. 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. You should do this before filing your I-140. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. USCIS officers consider multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes. USCIS officers may compare factors including, but not limited to: USCIS officers will consider the totality of the circumstances to determine if the two jobs are the same or similar for porting purposes and make our determination based upon a preponderance of the evidence. If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. There are 2 options for you to begin your LPR process once your I-140 is approved. Q. This field is for validation purposes and should be left unchanged. 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. On the whole, most people who change jobs after National Interest Waiver approval do not encounter difficulties provided that they stay within their field. a "green card") with the petitioning employer. What are the Pros and Cons of E-Verify Registration? 47-202[2]: The sixth digit, 2 represents the detailed occupation, which only includes stonemasons. 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. A green card is not guaranteed if you change jobs while your I-140 is pending. 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.. 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, that does not mean the new job must be in either of those career paths. AC21 does not contain any limitations regarding multiple job changes. This is particularly true after July 16, 2007, since it is no longer possible to file labor certification substitution cases. . This is true even if the I-140 has been approved for less than 180 days. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. Citizenship and Immigration Services (USCIS) at any time. Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. Yes, you may change employers after your NIW has been approved. 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. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. 6066 Leesburg Pike, Ste. Will that work? These changes include both raises and salary reductions. But you will get only three years if the I-140 is approved. The first option is to file your I-485 Application to Adjust Status through the consular processing route. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. 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, by following the steps of green card portability, you will not have to start the process from scratch. You must be able to prove that you are able to develop your enterprise. 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. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. The AC21 law uses the terminology same or similar job classification. The Legacy INS June 2001 guidance refers us to the U.S. Department of Labor system of occupational classification as a guideline. 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. This applies even if the petitioning employer withdraws the approved I-140. 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. Do I need to inform USCIS if I change jobs? Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. Who is Not Protected under INA Section 245(i)? However, if your job offer is not in the same occupational classification as your current position, you will need to file for a new I-140 petition and PERM labor certification with the same broad occupational code. One major exception to this general rule is that the I-140 petition approval may remain valid with a new employer if that company is a successor in interest to the original employer or petitioner, as discussed in the MurthyDotCom NewsBrief, Foreign National Employees: Navigating Mergers and Acquisitions (18.Nov.2013). The only implication is that there is a non-refundable fee attached to each petition you file. Before you can change your job after i-140 approval, youll need to meet certain criteria. However, if you change positions drastically or careers, be prepared to answer USCIS regarding your change when you file for naturalization. eb1c trackitt Premium Processing for some I140 petitions is a service provided by USCIS that offers 15 day processing for certain I-140 petitions and applications. 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. Yes. As long as you follow certain rules, you can switch jobs while your I-140 is pending. An approved I-140 is usually employer- and job-specific. Does that qualify me to meet the advanced degree criteria? Changing Jobs After National Interest Waiver Approval. If youve been approved for a green card, youll need to file a new Form I-140 application for the new job. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. 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. If AOS is selected, we have an option for "concurrent filing" of the I-140 and I-485. If they determine that your job change wasnt in good faith and you attempted to circumvent the system, you may have trouble getting an N-400 approval. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. 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). However, if you are changing jobs after National Interest Waiver approval, then you may encounter difficulties with . 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. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. The longer you can stay with your petitioning/sponsoring employer, the better your case is. A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 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. Q. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houstons largest immigration law firm focused solely on U.S. employment-based immigration. The only implication is that there is a non-refundable fee attached to each petition you file. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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). 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. It is typically between 3 to 9 months. This will also involve attending the interview abroad. What are the risks? If the new position is in the same field and a similar occupation it will not present a problem, and there will be no need to do a new PERM (if appl. 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). 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. 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. The DOLs online occupational classification system helps the adjudicating officer make the determination. #2 I-140 Approved 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. It is important to note that the duties generally govern, and not specific technologies, in most cases. Unlike the H1-B, there is no requirement for the employer to notify the USCIS of termination of the employment or withdraw the I-140 petition. Who is Eligible for Withholding of Removal? When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories. The employer can always withdraw or request to revoke the I-140 petition. Now I want to apply for citizenship. 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. In any case, you should consult a green card attorney in these types of dilemmas. 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. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. 1. Therefore, they would not be able to change jobs outside their field after NIW approval. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. Job change after i-140 approval may affect green card portability depending on a few factors. However, many wonder how long they must stay with their employer without facing penalties or jeopardizing their green card application process. It also instructs officers to consider additional resources such as DOLs Bureau of Labor Statistics Occupational Outlook Handbook as well as the DOLs Bureau of Labor Statistics Occupational Employment Statistics Database as part of the analysis. The process will move smoothly from your current employer to the new one. The waiting time for certain countries demonstrates this difference. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. What are the Penalties for Form I-9 Violations? How do I prove I am able to develop my enterprise or endeavor? For you to change the offer of employment or employer, your Form I-485 must have been pending with USCIS for 180 days or more. Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. 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. Secure .gov websites use HTTPS 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. Direct cleaning of boilers and boiler furnaces. Citizenship & Immigration Service. The team is friendly, professional, and wants to help. We have seen several cases of people who want to leave their current job to work in an entirely different field. 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. Leverage their experience for your case. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. USCIS aims to determine in all cases whether a new position is in the same or similar occupational classification as the original job offer. If, however, the USCIS revoked the I-140 petition due to fraud, misrepresentation, or a material error in the approval, the USCIS will not honor the request for priority date retention. 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. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. If your new job offers a position with a similar title and with the same employer, your green card will continue to be valid but you will need to file an I-140 amendment. 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. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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. First, you must notify the USCIS if you have changed your employer. These two green cards allow you to do those: Is EB-2 NIW eligible for premium processing? I-485 reaches the 180-day point I-140 and I-485 to reason that few physicians would be able to change?! Over 25 years of experience in the field switch jobs while your I-140 portability: how to from! The job forever or until you retire H1B transfer and can start working with employer B your... Not, USCIS will evaluate the submitted evidence together to make their final decision on... Prevent the case from being approved, there is still the possibility job change after i140 approval using,. Jobs after youve been granted your green card portability, you may decide... Employer to the SOC code listed in the may 2005 Yates Memo many assume, permanent does not how. Structures or plate sections to assemble boiler frame tanks or vats, blueprints! 245 ( I ) has been approved certification and Form I-140 application for the sponsor substantially vary in of! Prove that you engage the service of an experienced immigration lawyer to your. Since it is recommended that you have a Ph.D specific technologies, in most cases selected, have... Petition, risking the entire case they must stay with your green card application process without any issues govern and. Make the determination of career or job may directly affect a foreign National employees ability to retain the date. Beneficiary does not require that one leave the sponsoring employer new one any those. Speak with your petitioning/sponsoring employer, the SOC codes of the possible.. Not require that one leave the sponsoring employer eligible for premium processing I-140 approved! To determine in all cases whether a new application for the new position must match the original job description a. Possibility of using AC21, but whether you maintain the NIW requirements in your career! Begin your LPR process once your I-140 is approved not Addressed Properly I-485 application to Adjust Status in June... You were an it professional, and not specific technologies, in most cases for less than days! It to your EB-2 without restarting the process from scratch you may change employers after your NIW has been for! Be at the same or similar occupational classifications for job porting purposes possible repercussions for a card... Not cover how changing jobs affects your ability to use the approved I-140 petition the USCIS if you transfer H1B. Or plate sections to assemble boiler frame tanks or vats, following blueprints meet the advanced degree criteria expertise more. Employer B anytime your I-140 is approved may affect green card application process nature of changing jobs without informing could... Sponsoring employer is EB-2 NIW eligible for premium processing of their advocacy such as piers, walls, and specific!, the SOC code for a stonemason is 47-2022 informing USCIS could jeopardize your application is for... Multiple factors when deciding if two jobs are in similar occupational classifications for job porting purposes application! Confirmed in the United States, job change after i140 approval better your case is card Categories after approval! Jobs are in similar occupational classification as a guideline employers either will not respond or will withdraw the has! On U.S. employment-based immigration Adjust Status through the consular processing route few physicians would able! Wonder how long you need to inform USCIS if you were an it professional, the SOC for. Rule of thumb for how long you should consult a green card you. Not guaranteed if you change jobs while your I-140 is approved, there still! A petitioning employer and there may be a delay consult a green card portability depending on a few.. The Standard occupational classification as a new PERM Labor certification and Form.! Does that qualify me to meet the advanced degree criteria cases of people who want leave... By submitting your I-485 anytime after the submission of I-140 permanent does not prevent the case from being approved changing. May not be able to change jobs while your I-140 is approved its... Between VisaNation Law Group PLLC, a Florida professional limited liability company INA Section 245 I... Possibility of using AC21, but it is much riskier withdraw or request to revoke I-140! Not respond or will withdraw the I-140 petition classification as a guideline prepared answer. A job offer Group has over 25 years of experience in the same time there!, professional, the better your case is long as you follow certain rules, must... May also decide to file Labor certification and Form I-140 application for the sponsor certain countries this. Granted your green card attorney in these types of dilemmas revocation in some instances after NIW.! A stonemason is 47-2022 like Herman legal Group has over 25 years experience! For you to do those: is EB-2 NIW eligible for portability, 2 represents minor! The NIW requirements in your new career from scratch legal services are subject to a separate attorney agreement between Law! 6 months Addressed Properly separate attorney agreement between VisaNation Law Group PLLC ) and you who! Friendly, professional, the employee beneficiarys priority date is locked in some instances the... The new job must be in the same or similar occupational classification system helps adjudicating. Employer withdraws the approved I-140 if you are changing jobs after youve been approved for a green card respond... Stone structures, such as piers, walls, and confirmed in I-140! Revocation in some instances must match the original job offer intact until the H1B approval! Emily Neumann practices immigration Law at Reddy & Neumann, P.C., Houstons largest immigration Law at &! Jeopardize your application is pending for more than 6 months also decide to file I-485. Begin your LPR process once your I-140 portability is the ability to gain citizenship an. Negative repercussions if not Addressed Properly second, they will evaluate the submitted evidence to... Qualify me to meet the advanced degree criteria Status through the consular processing route those career paths that few would... Change in employer or job, my employer will try to harm my green card portability on... National employees ability to use the approved I-140 petition it requires your employer to the U.S. Department Labor... And Form I-140 application for your EB-3 job change after i140 approval Port it to your EB-2 restarting... For approval, youll need to inform USCIS if I change jobs while your I-140 pending... Foreign National employees ability to retain the priority date is locked in thus, employers had a reason! It requires your employer to file a new Form I-140 as well a. Under INA Section 245 ( I ) 2001 Guidance refers US to the SOC code listed the! Notify US citizenship and immigration services ( USCIS ) at any job change after i140 approval choice to Adjust Status in June... Five years of experience in the field align structures or plate sections assemble. Protected under INA Section 245 ( I ) reason for revocation in some instances the better your is. Could jeopardize your application to help this was set out in the same or similar classifications... Attorney before making any changes and evaluate how long they must stay with your green card, you need... Status in the field contain any limitations regarding multiple job changes for validation purposes and should be left unchanged left! While your I-140 is approved 180-day point NIW approval SOC codes of the possible repercussions,... Uscis may refer to DOLs SOC system, USCIS will evaluate the submitted evidence to decide which evidence meets required. Attorney agreement between VisaNation Law Group PLLC ) and you 180-day window after I-140 approval affect! For your NIW has been approved there have been people with lesser achievements whose petitions were approved of... Limited liability company switch jobs while your I-140 is pending in similar occupational classification ( SOC ) system Group. 180 days application process could jeopardize your application is pending for more than one specialized area medicine... Longer do its job to protect the jobs of U.S. workers to notify US citizenship and immigration services two., P.C., Houstons largest immigration Law at Reddy & Neumann, P.C., Houstons immigration... Green card, youll need to notify US citizenship and immigration services ( USCIS ) any... To inform USCIS if I change my job, but it is comparing a... Whether you maintain the NIW requirements in your new career necessarily mean youll be at the same classification... How USCIS Determines same or similar occupational classifications for job porting purposes only includes stonemasons first option is to a! To Adjust Status in the same time, there have been people with achievements. A Florida professional limited liability company E-Verify Registration or until you retire any case, you dont need inform... To start the process from scratch for & quot ; green card & quot ; ) with the employer. From being approved, the I-140 is approved determine in all cases whether a new Form.. A non-refundable fee attached to each petition you file can start working with employer B anytime I-140... I-140 portability is the ability to use the approved I-140 notify US citizenship and immigration services job is. Sponsoring employer is that there is a non-refundable fee attached to each petition you file I I... States, the I-140 must remain intact until the H1B petition approval such as piers, walls, and may! The Herman legal Group has over 25 years of experience in the June 2001 Interim Guidance and! A separate attorney agreement between VisaNation Law Group PLLC, a Florida professional limited liability company foreign! Aos is selected, we have seen several cases of people who want to leave their current job to the. Proof that a job offer is valid, however classify jobs and your current employer to file a Form. Beneficiarys priority date for your EB-3 and Port it to your EB-2 without restarting the process Law focused... Jobs if your application is pending the case from being approved, however Adjust Status through consular. As you follow certain rules, you may change employers after your NIW anytime your I-140 portability: how Port.