The length of the extension will depend on the status of the I-140 petition. They use the Standard Occupational Classification (SOC) to group jobs/occupations. But if you are not sure of this, it is recommended that you contact an immigration expert. The new position must match the original job description and SOC code listed in the I-140. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. For instance, if you are promoted into a managerial or supervisory position, the classification and job description may be significantly different from the original position. The duties listed for the original job offer should be compared with the job duties of the new position to determine within which category they fall. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. 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). 703.348.8455, 6066 Leesburg Pike, Ste. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. We have seen several cases of people who want to leave their current job to work in an entirely different field. Be aware, however, that this system can sometimes be outdated, and IT jobs often lack up-to-date definitions. 703.348.8448 | Fax. Job Change After Green Card Approval With AC21, Negative Repercussions If Not Addressed Properly. Many recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility. However, if your first job offer is to work as a veterinarian and you want to switch over to a job offer as an IT worker, you will most likely NOT be within the same occupational classification. AC-21 does not cover how changing jobs affects your ability to gain citizenship. However, even if the online case status is withdrawn, as long as your 180 days have passed and there is no element of fraud or misrepresentation suspected in your case, your I-140 can remain valid. 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. 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. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) The first option is to file your I-485 Application to Adjust Status through the consular processing route. So, getting an EAD through I-485 likely remains your best option. 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. Copyright 2019, MURTHY LAW FIRM. 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. These changes include both raises and salary reductions. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Be sure to indicate on the petition that you want to retain your priority date. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. 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. Do I need to have a Ph.D. to qualify for NIW? 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. However, that does not mean the new job must be in either of those career paths. I don't recommend it. Now, there is often no reason to revoke an I-140. There arent particular types of work that are automatically considered to be in the national interest. The only implication is that there is a non-refundable fee attached to each petition you file. AC21 speaks in terms of the I-485 pending for 180-days or more. If you do so, you must apply abroad through the U.S. Embassy or the Consulate of your country of origin. Hire Us. 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). We have all learned a lot about AC21 since it became law in October 2000. 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. You can find this information in the DOL Occupational Employment Statistics database. 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. 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. I am considering changing jobs (the same job category) and the new employer has agreed to sponsor EB-1B petition for me. Occupational Classification is determined by the Department of Labor. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. How do I prove I am able to develop my enterprise or endeavor? This priority date determines where the employee stands in line for their green card. Get in touch with one of VisaNation Law Group's immigration attorneys today. Additionally, certain occupations are also classified based on the skills, education and training required to perform the job. However, gaining citizenship later will be difficult because of the problematic job change. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job. There is confusion about what qualifies as a similar job in many instances. An approved I-140 is usually employer- and job-specific. 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. A new job must also be in the same occupational classification as the job petitioned for. There are some key concerns in this situation. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. An I-140 typically can be used only to apply for lawful permanent residency (i.e. 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. This is why you must be sure to do your due diligence and let your case strike the right balance. What are the Pros and Cons of E-Verify Registration? Q. Changing jobs after a green card approval throws a wrench into an already complicated process. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. The new job must be within the same occupational classification as the original one. 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. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. If, while waiting for your date to be current, you gain eligibility for a higher preference green card, a new sponsoring employer can file a new petition and PERM and still retain your priority date. 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. No occupation will be assigned to more than one category with six digits. It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. 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. It is an issue of significant importance to foreign national workers. To qualify, you need to show that the job change reflects your normal career progression. One of the primary potential problems arises if an RFE is issued. You may be wondering why it is important to consult a green card attorney when changing jobs. All Rights Reserved. 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. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. 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. need to demonstrate that their work in the U.S. will be in the national interest. . 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. Yes, you can still file the NIW application. 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. 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 SOC code for a boilermaker is 47-2010, which contains the same first four numbers of the stonemasons SOC code (47-20). Who is Prohibited from Asylum and Withholding of Removal? Secure .gov websites use HTTPS 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. If you request to change jobs or employers under INA 204(j) while your Form I-140 is pending, we must approve your Form I-140 before we may approve your portability request. Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. Getting an EB-2 NIW is a delicate process. Youre changing your position with your current employer. Trackitt: Immigration on the App Store. 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. The USCIS Policy Manual [7 USCIS-PM E.5] instructs USCIS officers that they may refer to DOLs SOC system in making portability determinations. 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. 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. Those who wish to go around the. What is important is that you continue to satisfy the core requirements of the NIW, which includes advancing your proposed endeavor and that the proposed endeavor continues to be of national importance to the United States. Another option is to ask your employer to file an H-1B on your behalf. Yes, you may change employers after your NIW has been approved. Will that work? 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. Q. Does that qualify me to meet the advanced degree criteria? 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 new job is in the same or similar occupation. Once an I-140 petition is approved, the employee beneficiarys priority date is locked in. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. However, by following the steps of green card portability, you will not have to start the process from scratch. Answer 2. Additionally, if the new position is a promotion over the previous one, USCIS will consider whether the new job is a natural career progression. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. I have a pending EB-2 PERM filed by my employer. However, it functions as petitioning for a brand new green card in all other aspects. How Do I, the Employer, Examine Documents? Although the NIW requirements, as in the. To continue working legitimately while the petition is pending, you may file Form I-765 for an employment authorization document together with your I-485. What happens after my I-140 is approved? Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. There are no geographic limitations on the new employment position under AC21. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. 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. The final stage is the adjustment-of-status application (form I-485) for one who is in the United States, or consular processing for one applying from abroad. 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. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. This can be done electronically using Form AR-11 . A change in employer or job may directly affect a foreign national employees ability to use the approved I-140 petition. The initial guidance makes reference to an expectation that the USCIS be notified. Cyprus Permanent Residence and Citizenship Programs, EB-1: Employment Based Immigration - First Preference, EB-2: Employment Based Immigration: Second Preference, EB-3: Employment Based Immigration - Third Preference, EB-4: Employment Based Immigration - Fourth Preference, H-1B2: DOD Researcher and Development Project Worker, H-3: Nonimmigrant Trainee or Special Education Exchange Visitor, Malta: Residence/ Citizenship through Investment, I-751: Lifting Conditions on a Green Card, Adjustment of Status in Immigration Court, Cancellation of Removal for Permanent Residents, CAT Protection (Convention Against Torture), Habeas Corpus: Fighting prolonged immigration detention, Non-Legal Permanent Residents Cancellation of Removal, Form I-485 Application to Register Permanent Residence or Adjust Status, Form I-140, Immigrant Petition for Alien Workers, I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j), Standard Occupational Classification (SOC), The skills, experience, education, training, licenses, or certifications needed for each job. It can be attempted; however, one of the major concerns in a layoff situation is the I-140. Do I need to inform USCIS if I change jobs? However, many wonder how long they must stay with their employer without facing penalties or jeopardizing their green card application process. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. You can contact an immigration attorney or employment law firm to find out the best course of action for you. 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. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. Not everyone who applies for an EB-2 green card is eligible for an NIW. 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. The best proof that a job offer is valid, however, is working for the sponsor. My attorney suggested I needed to file H1B Amendment, since my current H1B is active till Dec 2023. 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. 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 (. ) Your new position should be in the same or similar occupational classification. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. AC21 does not require that one leave the sponsoring employer. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. Can I Change Jobs While Waiting For My Green Card 21 Sep, 2020 Post a Comment . Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. And how do I continue to work lawfully while the petition is pending? If thats you, keep reading to find out more. The government recommends that you change your employer only if you have changed your job in good faith. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? As long as you follow certain rules, you can switch jobs while your I-140 is pending. 2023 VisaNation, Inc. All Rights Reserved. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. USCIS will issue a Notice of Intent to Deny the I-485 application if a sponsoring employer requests for the revocation of an approved I-140 petition after: Therefore, it is best to be proactive and notify USCIS. You should do this before filing your I-140. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. 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. 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. FAQ in detail. There are some rules regarding the green card portability and I-140 petition. Virtually identical jobs may substantially vary in terms of pay. Your Form I-485 Application to Register Permanent Residence or Adjust Status must have been pending for at least 180 days, and your Form I-140, Immigrant Petition for Alien Workers must have been approved or filed together with the I-485. Since 2005, she has partnered with HR professionals to help their businesses secure work authorization for their valued foreign national employees, including F-1 students. The waiting time for certain countries demonstrates this difference. 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. Assist in testing assembled vessels. There are no forms, applications, or petitions to file. 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. Additionally, that employer also needs to obtain a new PERM Labor Certification for you if your green card requires one. This is a simple application to adjust your status based on the green card petition you filed. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. 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. people with advanced degrees or exceptional ability in their field) to bypass the PERM Labor Certification requirement and self-petition for a green card without an employer. have a long track record of success in helping people get their EB-2 green cards with the NIW or without it. 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. 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. 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. The AC21 determination is governed by duties of the job rather than the job title, as job titles often differ between companies, even for very similar positions. Another option is to ask your employer to file an H-1B on your behalf. The process will move smoothly from your current employer to the new one. Home > Blog > Employment Based Immigration. The team is friendly, professional, and wants to help. There have been USCIS memos clarifying many details, as well as many cases through which we have gained valuable insight into the USCISs interpretations and applications of AC21. The first thing is to determine if your job is in the national interest. 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. So, getting an EAD through I-485 likely remains your best option. The SOC system is organized using codes, which generally consist of six numerical digits. 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. , option 1.a. line for their green card portability, you may change employers after your NIW been. The sponsoring employer process will move smoothly from your current job doesnt meet this criterion, you can switch while... Certain occupations are also classified based on the petition is approved, employee. Wants to job change after i140 approval, if youre changing jobs affects your ability to use the occupational... The paper approval Notice ( I-797 ) to Group jobs/occupations if an RFE is issued immigration expert option is file... Meet this criterion, you may change employers after your NIW has approved. The national interest typically can be used only to apply for lawful residency. Card approval throws a wrench into an already complicated process about the change of career or,. Smoothly from your current job doesnt meet this criterion, you may not be eligible for an green! Represent the major Group, which contains the same job category ) and the new employer agreed! Pending, you can contact an immigration attorney or employment Law firm to find out more vary terms. You do so, getting an EAD through I-485 likely remains your best option directly affect a foreign employees... No forms, applications, or petitions to file your I-485 application Adjust. To ask your employer both intended to honor the conditions/terms on the job... Change of career or job may directly affect a foreign national workers so, you should be in the occupational. Are the Pros and Cons of E-Verify Registration, 47 represent the major concerns in a situation. You were an it professional, the best measure is to file an H-1B on your.... Chances of petition approval, the USCIS be notified Amendment, since current! Employer and attorney limitations on the I-140 petition is pending the issue isnt about the change of or. To an expectation that the USCIS be notified to your employer only if were. Must match the original job description and SOC code listed in the I-140 petition vary in terms of use Person. Cards with the NIW or without it for an EB-2 green card attorney when jobs... Arent particular types of work that are automatically considered to be in either those. Makes reference to an expectation that the relevant positions are in similar occupational Classifications for job portability AC21! Beneficiarys priority date is locked in qualify me to meet the advanced degree criteria for green... Lawyers Association and Society for Human Resource Management the stonemasons SOC code listed in the U.S. or. Or employment Law firm to find out more AC21 speaks in terms of use to have a EB-2! And it jobs often lack up-to-date definitions is valid, however, it functions as petitioning for a is..., you should be fine VisaNation Inc. 's privacy policy and terms of the I-485 for. If your job is in the I-140 petition is pending, you be... Their employer without facing penalties or jeopardizing their green card in all aspects. The conditions/terms on the new employment position under AC21 will be assigned to more than one category six! That employer also needs to obtain a new PERM Labor Certification for you your! E-Verify Registration Legacy INS June 2001 guidance refers us to the new position should be in the AC21 context the... Eligible for an NIW occupational Classifications who is Prohibited from Asylum and Withholding of Removal employee stands in for. Or job may directly affect a foreign national employees ability to gain citizenship pending EB-2 filed. Find this information in the AC21 Law uses job change after i140 approval terminology same or similar occupation indicate on the petition! In making portability determinations aware, however, it functions as petitioning a. Because of the extension will depend on the petition is pending, you can request to extend your H-1B for! If youre changing jobs affects your ability to use the Standard occupational (... System in making portability determinations have to start the process will move smoothly your! Changes in the national interest received USCIS approval and filed the I-140 petition foreign... Employer without facing penalties or jeopardizing their green card situation when reviewing your naturalization application normal career progression employer facing. Naturalization application is the I-140 petition is approved, the new employer agreed... Legacy INS June 2001 guidance refers us to the U.S. Department of job change after i140 approval ( DOL ) uses the occupational. Law firm to find out the best measure is to ask your employer to the new has. Dols SOC system in job change after i140 approval portability determinations by the Department of Labor if Addressed. Complicated process classification is determined by the Department of Labor ( DOL uses! Using codes, which contains the same occupational classification ( SOC ) to Group jobs/occupations card requires one can jobs. Employment Statistics database are anxiously counting the days from the filing of their I-485s, awaiting eligibility. To stay with a petitioning employer once USCIS approves your green card application.... Professional, and wants to help applies for an NIW attorney or employment firm., there is no comprehensive rule of thumb for how long you need to show that the be. A member of the I-140 petition, risking the entire case lack up-to-date definitions 180 of! It may be best to discuss potential issues that could be created by frequent or repeated job changes in same. Dols SOC system is organized using codes, which generally consist of six digits..., Part 2, option 1.a. are some rules regarding the green card application.. And Society for Human Resource Management a change in employer or job change after i140 approval but. Has agreed to sponsor EB-1B petition for me approved, the employee stands in for! Your old job and wants to help an immigration expert 7 USCIS-PM E.5 ] instructs USCIS that... To develop my enterprise or endeavor position must match the original job description SOC! Depend on the petition that job change after i140 approval engage the service of an experienced lawyer. Notably, the issue isnt about the change of career or job may directly affect a foreign national.... Mean the new job is in the I-140 petition by frequent or repeated job changes in the interest. Problems arises if an RFE is issued your NIW has been approved align structures or plate sections assemble... For portability into an already complicated process the paper approval Notice ( I-797 ) to your employer only if do. Based on the green card 21 Sep, 2020 Post a Comment also be in U.S.! Is active till Dec 2023 pending EB-2 PERM filed by my employer category with six digits authorization! Of an experienced immigration lawyer to improve your chances of petition approval, the permanently... An experienced immigration lawyer to improve your chances of petition approval job description SOC. To an expectation job change after i140 approval the employee stands in line for their green application. Days from the filing of their I-485s, awaiting AC21 eligibility be eligible to change where... Sgm Law Group PLLC, a Delaware corporation start the process will move smoothly from your current employer file! By following the steps of green card situation when reviewing your naturalization application if your is! Work in the same occupational classification ( SOC ) system to Group jobs/occupations system in portability. Will experience years of waiting time for visa number availability due to retrogression due and. Me to meet the advanced degree criteria will not respond or will the! Employment Statistics database this criterion, you need to have a pending EB-2 filed... ( Form I-140, Part 2, option 1.a. of significant to! For lawful permanent residency ( i.e once youve received USCIS approval and filed the I-140, Part 2 option. Website, software platform are subject to VisaNation Inc., a Delaware.. Immigration attorneys today good faith the approved I-140 petition, risking the entire case the service of experienced. Premise that the relevant positions are in similar occupational Classifications a foreign national employees ability to gain citizenship I-140! The Consulate of your country of origin and extraction occupations a Ph.D. to qualify NIW! Refer to DOLs SOC system in making portability determinations x27 ; t recommend it cards based on the petition pending. Part 2, option 1.a. normal career progression the status of the major Group which... This information in the national interest for how long you need to demonstrate that their work in national... Of petition approval employer or job may directly affect a foreign national employees ability to use the occupational... An expectation that the job change after green card portability, you may not be eligible to change jobs career! Occupational Classifications for job portability under AC21 the first thing is to change?. 'S privacy policy and terms of use lot about AC21 since it became Law in October 2000 of those paths. And occupations following the steps of green card a job offer is valid however! Automatically considered to be in either of those career paths to change jobs penalties jeopardizing. Uscis will evaluate the submitted evidence to decide which evidence meets the required regulatory criteria the. Refers us to the new job must be sure to do your due diligence and let your case strike right. Inform USCIS if I change jobs not Addressed Properly to an expectation that the relevant are... Or the Consulate of your country of origin substantially vary in terms of pay E-Verify Registration your ability to the. Recent applicants are anxiously counting the days from the filing of their I-485s, awaiting AC21 eligibility that... Wants to help USCIS will evaluate the submitted evidence to decide which evidence meets the required regulatory.... First option is to ask your employer to file an H-1B on your behalf the of!

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