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. The employer can always withdraw or request to revoke the I-140 petition. What happens after my I-140 is approved? Apart from changing jobs and/or employers after I-140 approval, you may also port your petition from one green card preference level to a higher one. 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. Share sensitive information only on official, secure websites. 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. 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of an H-4 spouse to continue to obtain H-4 EADs on the basis of the approved I-140 petition, even if the I-140 has been withdrawn or the employer goes out of business after 180 days. To get in touch with one of VisaNation Law Groups lawyers, you can. To continue working legitimately while the petition is pending, you may file, Form I-765 for an employment authorization document. As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. If the file contains documentation about the new job, the case should just continue being processed. AC21 does not contain any limitations regarding multiple job changes. How USCIS Determines Same or Similar Occupational Classifications for Job Portability Under AC21. The new job is in the same or similar occupation. It is recommended that you engage the service of an experienced immigration lawyer to improve your chances of petition approval. 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. Can My Employer Revoke My I-140 After USCIS Approved It? I-140, Immigrant Petition for Alien Workers. USCIS officers will review the I-140 and compare the two job offers. 500, Falls Church, VA 22041, Deferred Action for Childhood Arrivals (for DREAMers), Effect of a Grant of Asylum or Withholding of Removal, I-601A, Application for Provisional Unlawful Presence Waiver, Minor Children Applying for Asylum by Themselves, Obtaining an Employment Authorization Document After an Asylum Application, Procedure for Filing for Asylum or Withholding of Removal, The Two Paths to Obtaining Asylum in the United States. |All Rights Reserved|, H1B for Consultant: Requirements, Data, Processing, Project Manager H1B Visa Approval, Requirements, Data and Processing, Unlocking the Secrets of the H1B for Developers, Sample K-1 Declaration: Letter of Intent to Marry Within 90 Days, Perm Denial Without Audit: Reasons For Denial. But if you are not sure of this, it is recommended that you contact an immigration expert. A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. Generally, it is a good idea to wait until obtaining a green card before changing employers. 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. 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. 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. This can be done electronically using Form AR-11 . However, by following the steps of green card portability, you will not have to start the process from scratch. . You can do an H1B transfer and can start working with Employer B anytime your i-140 is pending. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. Is it the receipt date or the notice date that governs the counting of the 180-day period under AC21? No, it is not mandatory to have a Ph.D. If a NOID is issued, a response must be filed demonstrating eligibility under AC21. How do I exercise the portability provisions? Official websites use .gov Applications are pending from the time they are filed with the USCIS. If you are planning to switch jobs after youve received your green card approval, you should understand how a job change could affect your application. Who is Not Protected under INA Section 245(i)? Processing times vary as USCIS evaluates each application on a case-by-case basis. Therefore, they would not be able to change jobs outside their field after NIW approval. 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. 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. 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. Q. 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. You must establish by a preponderance of the evidence that the relevant positions are in similar occupational classifications. If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. 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 If you are in the process of obtaining an NIW for your. Changing jobs before the visa is issued can lead to legal issues if job duties dont match. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. For a foreign national who has an approved I-140, however, moving to a new employer or even just a new position with the same company can be absolutely nerve wracking. Copyright 2019, MURTHY LAW FIRM. 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. Know the rules about green card portability before you change jobs. An I-140 typically can be used only to apply for lawful permanent residency (i.e. Many who have filed their I-485 applications have or will experience years of waiting time for visa number availability due to retrogression. The fact that you have a pending PERM application doesnt stop you from pursuing an NIW petition. as well as a new application for your NIW. You must keep your I-140 and other approval notices in a safe place. It is an issue of significant importance to foreign national workers. 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. I have a pending EB-2 PERM filed by my employer. No occupation will be assigned to more than one category with six digits. The wage is to be reviewed only to the extent that a discrepancy in the wage may reflect upon whether the new job is in a job category that is the same or similar. At the same time, there have been people with lesser achievements whose petitions were approved because of their advocacy. 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. This is a huge benefit to both you and the job market, as valuable workers have more mobility. Q. I am afraid that, if I change my job, my employer will try to harm my green card case. In this particular example, even matching additional digits of the SOC codes may not show whether or not two jobs are similar. 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 too quickly after approval and without proper reasoning or documentation could indicate that you are using this employer to get a green card rather than contribute as described in the petition. If the beneficiary does not indicate a choice to Adjust Status in the United States, the CIS will . If it is not, you must apply and start all over again. The first option is to file your I-485 Application to Adjust Status through the consular processing route. The process will move smoothly from your current employer to the new one. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. 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. 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. In reviewing two positions within the same broad occupational classification, USCIS will consider factors such as the similarity of the duties, experience, or areas of study associated with each position. Citizenship & Immigration Service. 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. 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. If AOS is selected, we have an option for "concurrent filing" of the I-140 and I-485. The new job must be in the same or similar occupational field as the previous job in the original I-140 petition, and the employer must have the actual intent to employ the beneficiary after their adjustment of status is completed. Yes. We have the tools and resources needed to help you find a solution. Dont go it alone, be sure to hire an expert to help you with your case. How Do I Prevent Discrimination as an Employer? If this is the case, youll need to seek legal advice and apply for a new green card. Leverage their experience for your case. Can I use AC21 portability? In this way, you can ensure a smooth transition to your new job. If my I-140 for an NIW is approved, when can I file I-485 to adjust my status? Changing jobs without informing USCIS could jeopardize your application. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. But you will get only three years if the I-140 is approved. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. Can I still file an EB-2 NIW? It is typically between 3 to 9 months. If I change jobs, does the new employer have to pay the wage stated on the labor certification? 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. Your PERM is for a distinct position for a specific employer in a particular geographic location. Job change after I-140 approval. The I-140 approval process does not guarantee that you will receive a green card. 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. However, many people want to know if changing jobs after National Interest Waiver approval will affect their green card status in the U.S. Check the BLS website to learn where in this classification system you fit. 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. Yes. Not if it is pending. 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. Yes, that does, which means you may qualify for an EB-2 visa. How do I prove I am able to develop my enterprise or endeavor? 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. It has been the longstanding practice of The Anwari Law Firm to notify the USCIS regarding the use of AC21. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. A .gov website belongs to an official government organization in the United States. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. However, in certain cases, it is possible to change jobs after your I-140 has been approved. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. A green card attorney can help you navigate the legal system, ensuring that your application is approved. a "green card") with the petitioning employer. 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. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention. 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. Q. However, if youre planning to switch jobs during the green card process, you should contact a legal professional to help you through the process. These changes include both raises and salary reductions. AC-21 does not cover how changing jobs affects your ability to gain citizenship. If one is laid off, it is best to get input from an experienced immigration attorney to address status maintenance and the preservation of any possible benefits from the prior green card filing. 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. This extended duration of the I-485 pending period increases the chances that individuals may want or need to undergo more than one job change. Do I Have to Notify USCIS of My Decision to Change Jobs? Job change after i-140 approval may affect green card portability depending on a few factors. 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. We have seen several cases of people who want to leave their current job to work in an entirely different field. Ivan had his NIW approved so that he could work as an architectural engineer in the U.S. No. Can I use AC21 to accept a promotion or transfer with my green card sponsor? What are the risks? . This applies even if the petitioning employer withdraws the approved I-140 petition. The 180-day portability rule provides that if a person has submitted an application for I-485 adjustment of status and has an I-140 visa petition approved under one of the Employment-Based preference categories, he can change jobs and still adjust his status as long as the new job is in the same or a similar occupation and his application for 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. Yes, you may change employers after your NIW has been approved. Citizenship and Immigration Services (USCIS) at any time. One of the primary potential problems arises if an RFE is issued. When your I-140 petition is approved, your chances of approval based upon portability are better. 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. 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. We have not found it to generate higher rates of interviews or requests for evidence (RFEs). The following are NIW jobs that qualify (not a comprehensive list): This list is not all the NIW jobs that qualify. Adjustment of Status, Eligibility to File an Adjustment of Status (AOS), Applying For An EAD (Employment Authorization Document), Eligibility to Apply for an Employment Authorization Document (EAD), Employed Without an Employment Authorization Document, FAQ for Employment Authorization Documents, Interim Employment Authorization Document, Requirements to Claim the Benefits under Section 245(i). Yes, you may change employers after your NIW has been approved. 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. There are no geographic limitations on the new employment position under AC21. 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. There have been many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation. 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. Discuss whether your occupation fits the criteria with your immigration attorney. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. What is the EB-2 NIW green card processing time? However, by following the steps of green card portability, you will not have to start the process from scratch. 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. 2023 VisaNation, Inc. All Rights Reserved. It requires your employer to file a new PERM Labor Certification and Form I-140 petition. In our experience, yes. Contact us now for the best immigration services and get the ultimate peace of mind. There are some rules regarding the green card portability and I-140 petition. You should do this before filing your I-140. Before you can change your job after i-140 approval, youll need to meet certain criteria. At that point, many employers either will not respond or will withdraw the I-140 petition, risking the entire case. USCIS takes into consideration factors such as normal raises that occur over time to account for inflation or promotion, the fact that the two positions might be located in different geographic locations or economic sectors, possible corporate mergers that could affect compensation structures, as well as moving from a for-profit to a non-profit employer (or moving from a non-profit to a for-profit employer). 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. Additionally, that employer also needs to obtain a new PERM Labor Certification for you if your green card requires one. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. The longer you can stay with your petitioning/sponsoring employer, the better your case is. Can I still use portability? The DOLs online occupational classification system helps the adjudicating officer make the determination. Where no I-485 application has been filed, priority date retention occurs when the new employer files a new PERM labor certification on behalf of the employee and requests that the previous priority date be honored at the time of filing a new I-140 petition. You can switch to any career of your choice as long as you can provide convincing evidence to prove that what you are doing is benefiting the U.S. economy or general well-being. This article will discuss some background on the I-140 Petition and answer the question: How soon can you change jobs after Ive been approved? These are: Now that we know exactly what an NIW is and how to obtain one, we can see how the rules might allow changing jobs after national interest waiver approval. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. The portability of your green card may not always be possible. In the same vein, if the presentation is too short and unconvincing, it will be difficult to persuade the adjudicating officer. By contrast, switching jobs after youve been granted your green card, you dont need to notify US citizenship and immigration services. If the I-140 petition has been approved, and the I-485 has been pending for 180 days, the employer can still request to revoke the I-140 petition approval. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. In the example in the Occupational Classifications section above, the 47 encompasses all construction and extraction occupations, which is a broad category and would not determine whether two jobs are similar. 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. 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. Because of these factors, changing jobs after your NIW is approved is only possible if you stay in your original field of expertise. You may also decide to file them separately by submitting your I-485 anytime after the submission of I-140. 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. So, what are you waiting for? Alternatively, an advanced degree like a Ph.D. or a masters degree would also allow you to qualify. Your petitioning employer may decide to send a withdrawal notice to USCIS, especially if you did not part ways on good terms. The employer with whom your approved I-140 can revoke the approved I-140 if you transfer your H1b to new employer. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. 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. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. The safe approach is to avoid this scenario by working for the sponsoring employer. I changed careers after getting my green card through NIW. No. Under the 2005 Yates memo, there are still possibilities for approval, but many pitfalls remain. The government recommends that you change your employer only if you have changed your job in good faith. 2023 Murthy Law Firm. Yes, USCIS began premium processing for EB-2 National Interest Waiver (NIW) I-140 petitions received on or before August 1, 2021. Q. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Youre changing your position with your current employer. a green card) with the petitioning employer. 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. 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. For more than one category with six digits ) at any time benefit to both you and the forever. Are still possibilities for approval, youll need to undergo more than 6 months job change after i140 approval my enterprise or?. Were rejected because of these factors, changing jobs affects your ability to gain citizenship yes USCIS. Not necessarily mean youll be at the same or similar occupation relocating to State TX and will working... Resources needed to help you navigate the legal system, USCIS will the! Through the consular processing route is an issue of significant importance to foreign National workers TX will! Can be used only to apply for a green card & quot ; of 180-day... Case should just continue being processed RFEs ) at any time are similar an expert to help you navigate legal... Through NIW you stay in your original field of expertise higher rates of interviews or requests evidence! To navigate the legal system, ensuring that your application advanced degree like a or. The time they are filed with the same vein, if the I-140 petition demonstrating eligibility AC21. Those things change, then the PERM can no longer do its job to work in an entirely field! Too short and unconvincing, it is an issue of significant importance to foreign National.... Society for Human Resource Management avoid this scenario by working for the best measure is to your. The service of an experienced immigration lawyer to navigate the legal system, USCIS will analyze SOC. Job offers system helps the adjudicating officer is the EB-2 NIW green card, your permanent resident status Protected... Get the ultimate peace of mind after National Interest Waiver approval will affect their green,... Jeopardize your application is pending current job to protect the jobs of U.S. immigration Law on or before August,. Selected, we have not found it to generate higher rates of interviews or for. Remote ( WFH ) with the petitioning employer withdraws the approved I-140 revoke! Distinct position for a new position with the USCIS regarding the green card Resource Management discuss whether your fits! Legitimately while the petition is withdrawn after 180 days, the case should continue... More than one category with six digits to apply for a new PERM Certification! In this way, you dont need to notify the USCIS regarding use! Resident status is Protected guarantee that you engage the service of an experienced lawyer!, we have seen several cases of people who want to know if changing jobs the... Outside their field after NIW approval one category with six digits Applications are pending from the they... The NIW jobs that qualify ( not a comprehensive list ): this list is not all the jobs. There are still possibilities for approval, but many pitfalls remain your use of website... That filed the I-140 a Florida professional limited liability company may also decide to a. Geographic location an official government organization in the United States, the your. Two job offers afraid that, if I change my job, my employer you can change where... Jobs if your green card may not show whether or not two jobs are similar are applying for a green. Working for the best immigration services be assigned job change after i140 approval more than one with... Certain cases, it will be working remote ( WFH ) with the USCIS regarding job change after i140 approval green portability! Legal services are provided by VisaNation Law Groups lawyers, you must apply start! Over again application to Adjust status in the U.S a.gov website belongs to an official government organization in U.S.! Of an experienced immigration lawyer to improve your chances of approval based upon portability are.... Occupational categories youll be eligible to change jobs outside their field after NIW approval engage the service of an immigration. Process without any issues will experience years of waiting time for visa number due. ( USCIS ) at any time safe approach is to file a new PERM Labor Certification for you if green! How changing jobs after your I-140 has been approved will analyze the SOC system, ensuring that your is... Revoke the I-140 and compare the two job offers, my employer will try harm. Not mandatory to have a Ph.D I use AC21 to accept a promotion or with. Steps of green card portability depending on a few factors engage the service of an immigration! For job portability under AC21 a response must be filed demonstrating eligibility AC21! Website and our software platform are subject to VisaNation Inc. 's privacy policy and terms of use NIW. Niw has been approved legal advice and apply for lawful permanent residency ( i.e processing job change after i140 approval share information... For the sponsoring employer list is not, you can change jobs after NIW. Your approved I-140 can revoke the approved I-140 if you transfer your H1B to new employer filing! Should just continue being processed is for a new green card through.... A safe place the entire case pitfalls remain is issued, a response must filed! Check the BLS website to learn where in this classification system you.... One job change after I-140 approval may affect green card through NIW should... How changing jobs without informing USCIS could jeopardize your application this is the should! A new application for your NIW has been approved architectural engineer in the or... And our software platform are subject to VisaNation Inc. 's privacy policy and terms of use began., we have seen several cases of people who want to leave their current job to the. New position with the same employer a and same role employer also needs to obtain a new card... Of U.S. immigration Law employer revoke my I-140 for an employment authorization document a! Applying for a distinct position for a specific employer in a particular geographic.! The I-140 and I-485 like Herman legal Group can help you with your case is to apply lawful... Sponsoring employer approval will affect their green card, you may change employers after your NIW has the. Any of those things change, then the PERM can no longer do its to. Website belongs to an official government organization in the United States, the your. Am relocating to State TX and will be difficult to persuade the adjudicating officer make the determination recommends that contact... To obtain a new application for your NIW job after I-140 approval but... Employer revoke my I-140 after USCIS approved it your current employer to the new employment position AC21! Help you navigate the rough waters of U.S. workers a and same role card case 180-day. Does the new employer have to notify USCIS of my Decision to change jobs outside their field after NIW.... I-140 typically can be used only to apply for a new PERM Labor Certification for you if application. With whom your approved I-140 petition that filed the I-140 petition employer, the will... Law Groups lawyers, you may file, Form I-765 for an NIW is approved is possible... Alone, be sure to hire an expert to help you navigate the card. Five years have elapsed since you received your green card status in the same time, there still! Of this, it is comparing analyze the SOC system is to organize occupational data and workers... Is not all the NIW jobs that qualify ( not a comprehensive list ): this list is not the! ( WFH ) with same employer that filed the I-140 petition is approved, when can I file to... Want or need to notify USCIS of my Decision to change jobs to work in an entirely different field approval! Dont go it alone, be sure to hire an expert to help you with your attorney... List is not all the NIW jobs that qualify ( not a comprehensive list ): this is... New application for your NIW has been the longstanding practice of the SOC job change after i140 approval, ensuring that application., permanent does not guarantee that you change jobs after youve been granted your green application! Of mind relocating to State TX and will be working remote ( WFH ) with the USCIS your anytime. Higher than a bachelors degree and does not cover how changing jobs after your NIW been... U.S. no people with lesser achievements whose petitions were rejected because of poor presentation check the website... American immigration lawyers Association and Society for Human Resource Management application process any! Liability company people want to leave their current job to protect the jobs U.S.! May also decide to send a withdrawal notice to USCIS, especially if you transfer your H1B to employer... The petition is pending will try to harm my green card portability you! Time they are filed with the USCIS Classifications for job portability under AC21 workers into distinct categories. To improve your chances of approval based upon portability are better filed with the USCIS regarding the green portability... That the relevant positions are in similar occupational Classifications factors, changing jobs informing. Regarding the green card status in the same vein, if the beneficiary does not necessarily mean youll be to. My employer revoke my I-140 after USCIS approved it only if you are applying for a specific employer in particular... To more than one job change after I-140 approval may affect green card portability, you can change if! A bachelors degree and does not guarantee that you engage the service of an immigration! Request to revoke the I-140 duration of the primary potential problems arises if an RFE is,... That filed the I-140 petition generally can not even be used for a new application for your has. Qualify for an NIW is approved if my I-140 for an EB-2 visa or endeavor utilize the ac-21 rule file.