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. However, by following the steps of green card portability, you will not have to start the process from scratch.
The process will move smoothly from your current employer to the new one. This will not disrupt your immigration process. However, you cannot use the tasks you have completed in the past with your new employer.
First, you must notify the USCIS if you have changed your employer. You should do this before filing your I-140. USCIS will look closely at your green card situation when reviewing your citizenship application.
Moreover, a job change may affect your N-400. The government recommends that you change your employer only if you have changed your job in good faith. Your new position should be in the same or similar occupational classification.
Things to keep in mind
If you are planning to switch jobs after you’ve received your green card approval, you should understand how a job change could affect your application. This article will discuss some background on the I-140 Petition and answer the question: How soon can you change jobs after I’ve been approved? Here are some tips.
1. Know the rules about green card portability before you change jobs.
2. Consult with your green card attorney to ensure the change will not affect your application.
Job change after green card approval
The portability of your green card may not always be possible. However, in certain cases, it is possible to change jobs after your I-140 has been approved. If your new job is within the same or similar occupational classification as your old one, you may be able to transfer your green card to it. The only stipulation is that you must submit a new Form I-140 or labor certification application.
If you’ve been approved for a green card, you’ll need to file a new Form I-140 application for the new job. The new position must match the original job description and SOC code listed in the I-140. USCIS officers will review the I-140 and compare the two job offers.
Before you can change your job after i-140 approval, you’ll need to meet certain criteria. The new job must be within the same occupational classification as the original one. If it is not, you must apply and start all over again. If this is the case, you’ll need to seek legal advice and apply for a new green card.
How a Job Changes May Impact Your Approved I-140?
Job change after i-140 approval may affect green card portability depending on a few factors. First, the new job must be within the same company, not a different organization. A new job must also be in the same occupational classification as the job petitioned for. If the new job is not, USCIS may refer to the DOL market expertise, which classifies workers into distinct occupational categories.
If you’ve recently been approved for an employment-based green card petition, you may be wondering whether your new job will affect the portability of your green card. If your 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.
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.
Background on the I-140 Petition
There are some rules regarding the green card portability and I-140 petition. You must have the “same or similar occupation” to be eligible for portability. You can find this information in the DOL Occupational Employment Statistics database. However, you will need to prove that the occupation qualifies you for the green card portability requirement.
Typically, sponsoring employer must give you a job offer that’s in the same or similar occupational classification as the one you have in the US. However, if you’re changing jobs and your current job doesn’t meet this criterion, you may not be eligible for portability.
After 180 days, you can change your employer or job. This will still make your adjustment application valid. And even if you change jobs, your underlying labor certification remains valid as long as there is no fraud and misrepresentation in your case.
How soon can I change jobs after getting a green card?
If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. Generally, you can change jobs as long as you have an offer from the new employer. However, if you are in the process of changing jobs before this period, you should talk to a professional immigration attorney to understand the rules before making a decision.
In this way, you can ensure a smooth transition to your new job. In addition, if you’ve taken a new position that’s not the same job as your last, the change may raise red flags with USCIS.
Once you’ve received USCIS approval and filed the I-140 petition, you’ll be eligible to change jobs. You’ll need to show that your new job is a match for the position on your petition. For example, if you were an IT professional, the new job must be in the same occupational classification as your old job.
However, if you are a medical professional, USCIS may start to suspect you are changing jobs without consulting an attorney first.
Can you switch jobs while I-140 is pending?
A green card is not guaranteed if you change jobs while your I-140 is pending. Even if your I-140 is approved, changing jobs before you receive your visa can lead to problems. As long as you follow certain rules, you can switch jobs while your I-140 is pending. EB-1A and EB-5 green cards do not require a job offer. Changing jobs without informing USCIS could jeopardize your application.
Job Change After Green Card Approval
You may have gotten a promotion and now want to apply for a green card portability program. A job change, however, may not always disrupt the I-140 process. To qualify, you need to show that the job change reflects your normal career progression.
The new job must be associated with the previous position, and its duties must be similar. A non-managerial position is most likely portable. Depending on the circumstances, the USCIS may favor the new job over the former one.
Before you can apply for green card portability, you must have an approved form I-140. This is a simple application to adjust your status based on the green card petition you filed. After you apply, you must wait 180 days for the change to take effect, however, the petition remains valid for priority date retention.
You must also keep in mind that the period starts right from the receipt date of I-485. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. Therefore, before making a career change, consult a green card attorney.
Why is consulting a green card attorney important?
You may be wondering why it is important to consult a green card attorney when changing jobs. While the twenty-first-century act allows you to work in the U.S. permanently, the process can be complicated.
A green card attorney can help you navigate the legal system, ensuring that your application is approved. An experienced immigration attorney can also help you navigate the bureaucracy that often surrounds the green card process.
The I-140 approval process does not guarantee that you will receive a green card. Changing jobs before the visa is issued can lead to legal issues if job duties don’t match. By contrast, switching jobs after you’ve been granted your green card, you don’t need to notify US citizenship and immigration services.
However, if you’re planning to switch jobs during the green card process, you should contact a legal professional to help you through the process.
Why Choose Herman Legal Group?
You need the steady hand of an experienced immigration lawyer to navigate the rough waters of U.S. immigration law. If you’re considering a change of career after your I-140 was approved, you should go for Herman Legal Group. We have handled many similar cases. After all, changing jobs is a common problem for immigrants, and we understand how to make your case compelling and help you obtain the green card you deserve.
The Herman Legal Group has over 25 years of experience working with the U.S. Citizenship & Immigration Service. The team is friendly, professional, and wants to help. Leverage their experience for your case.
So, what are you waiting for? Schedule a consultation today with an expert attorney by calling +1-216-696-6170. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. Contact us now for the best immigration services and get the ultimate peace of mind.
During the green card application process for foreign national workers, it is possible to change jobs without affecting the processing of your application. You can contact an immigration attorney or employment law firm to find out the best course of action for you.
A skilled immigration lawyer like Herman Legal Group can help you navigate the green card application process without any issues. 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.