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 (. ) Don't hesitate to contact us at (949) 478-4963 today. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. The second option is to submit your I-485 within the U.S., which does not require you to travel abroad to complete the LPR process. as well as a new application for your NIW. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Seesection 204(j) of the Immigration and Nationality Act (INA), which was enacted from section 106(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21), for more information. In addition, USCIS can grant your request to maintain the existing priority date for any other I-140 filed on your behalf. Changing Jobs After National Interest Waiver Approval. 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. Even if the I-485 has been pending 180 days, it is quite risky if the I-140 has not been approved. You should notify USCIS of your intention to change jobs under the AC-21 Act as soon as possible. 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. How do I prove I am able to develop my enterprise or endeavor? Another option is to ask your employer to file an H-1B on your behalf. FAQ in detail. This means extending your stay in the U.S. by utilizing your time outside the U.S. during the six years. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. The approval of a green card is an exciting time for most immigrants. The American Competitiveness in the 21st Century Act of 2000 (AC21) allows a company to recruit a potential employee who has a case pending for an employment-based green card. 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. This is true even if the I-140 has been approved for less than 180 days. Q. I lost my job before the I-485 had been pending 180 days. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. An employee beneficiary of an approved I-140 petition can retain this priority date for any subsequent filing in the event he or she changes employers after approval of the I-140 petition. It was a future job offer. USCIS officers will review the I-140 and compare the two job offers. The National Interest Waiver is a way for EB-2 applicants (i.e. Another option is to ask your employer to file an H-1B on your behalf. Evidence for this could be found in your educational background, past experience, or current progress in your enterprise. This will help to ensure USCIS has the most accurate records of your case. Therefore, the best measure is to change jobs where the titles and job descriptions are as similar as possible. No, it is not mandatory to have a Ph.D. As an entrepreneur, doctor, or self-practicing engineer, you may not have an employer that can acquire a PERM on your behalf. 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. Official websites use .gov There are some rules regarding the green card portability and I-140 petition. 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. 2023 Murthy Law Firm. If you do so, you must apply abroad through the U.S. Embassy or the Consulate of your country of origin. 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. 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. There are no forms, applications, or petitions to file. However, you cannot use the tasks you have completed in the past with your new employer. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. This will still make your adjustment application valid. The most important thing is to present your evidence to USCIS in a convincing way. 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. 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. Citizenship and Immigration Services (USCIS) at any time. Answer (1 of 7): You can change your employer right after your I-140 got approved with current employer, but here is the point i suggest you to be with current employer for 180 days after your approval with them. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. Occupations are generally categorized based on the type of work performed. 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. 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). . Can I change jobs more than once using AC21? If your petition to port the green card application from one job offer to another is successful, you can successfully change jobs without worrying about losing your place in line for a green card. now I am relocating to State TX and will be working remote (WFH) with same employer A and same role. Many employers do not withdraw I-140s upon employment termination. Not if it is pending. Additionally, that employer also needs to obtain a new PERM Labor Certification for you if your green card requires one. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. We have handled many similar cases. An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. 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. Second, they will evaluate the submitted evidence together to make their final decision based on the total requirements for NIW. The only implication is that there is a non-refundable fee attached to each petition you file. 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? USCIS will investigate whether you had the intention to file for that sponsoring employer while filing your application. For those who have obtained an approved I-140 petition through employer-sponsorship, job changes can still be accomplished even if an I-485 application has not yet been filed due to lack of available immigrant visas or green cards based on the employees country of birth, priority date, and preference category. You could potentially save yourself years of waiting time. It is important to note that the duties generally govern, and not specific technologies, in most cases. Included in our work on the case is a notification of the use of AC21, along with proof that the case qualifies under the AC21 requirements. The 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 You must be able to prove that you are able to develop your enterprise. 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. 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. The I-140 must remain intact until the I-485 reaches the 180-day point. Although the NIW requirements, as in the Matter of Dhanasar, 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. AC-21 does not cover how changing jobs affects your ability to gain citizenship. 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. 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. To get in touch with one of VisaNation Law Groups lawyers, you can. Who Benefits from the Amendment to INA Section 245(i)? 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