Key Takeaways:
- Changing employers with an approved I-140 requires securing a new job offer in a similar occupation category.
- The new employer must file a new PERM Labor Certification and I-140 petition to transfer the employment-based visa.
- The I-140 approval allows for retaining the priority date and offers H-1B visa extension possibilities. Consult an immigration attorney for guidance.
Understanding the I-140 Petition and Employment Change
When you have an I-140 petition that has already been approved, it signifies that your application for an immigrant work visa in the United States has cleared an important hurdle. However, what happens when you’re considering changing jobs? Understanding the process is crucial to ensuring you maintain your legal status and your path to a green card.
Steps to Take After I-140 Approval When Changing Employers
1. Secure a New Job Offer
Before making any moves, it’s essential to have a new job offer that typically falls in the same or a similar occupational category as the one related to your approved I-140.
2. New Employer’s Role in the Process
Your new employer must file a new PERM Labor Certification with the Department of Labor as part of the employment-based visa transfer process. Following this, they have to file a new I-140 petition on your behalf.
3. Maintaining Priority Date
One of the benefits of having an I-140 approved is that you’ll be able to retain your priority date. This date, which is essentially your place in line for a green card, remains valid even if you change employers.
4. AC-21 Portability
Under the American Competitiveness in the Twenty-First Century Act (AC-21), individuals can change employers without affecting their I-140 petition, provided the new job is in the same or a similar occupational classification.
5. H-1B Visa Status
If you’re on an H-1B visa, changing employers with an approved I-140 also allows for an H-1B transfer and extension beyond the normal six-year limit, while the green card process is underway.
6. Legal Counsel
Navigating the intricacies of employment-based visa transfers is complex. It’s highly recommended to consult with an immigration attorney who can provide tailored advice and assistance throughout the process.
What to Keep in Mind
- Your new employer must be willing to sponsor you for your green card.
- Timelines can be tight, so start the process as soon as you have a new job offer.
- Changing jobs or employers can have implications for your visa status; thorough planning is essential.
Resources and Official Guidance
For further information on I-140 petitions and employment change implications, refer to the following official resources:
– U.S. Citizenship and Immigration Services (USCIS)
– U.S. Department of Labor’s Employment and Training Administration
Conclusion
Transactional decisions like changing employers with an approved I-140 need careful consideration and understanding of immigration policies. With the right information and guidance, it can represent a significant step toward career advancement while preserving your journey towards permanent residency in the United States. Always keep communication open with your future employer and legal counselor to ensure a smooth transition during your employment-based visa transfer.
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FAQ’s to know:
FAQ 1: What is an I-140 petition and how does it relate to changing jobs in the United States?
Answer:
An I-140 petition is part of the process for obtaining an immigrant work visa in the United States. When it is approved, it signifies that you have cleared an important hurdle towards obtaining a green card. If you are considering changing jobs after your I-140 approval, there are certain steps and considerations to keep in mind to ensure you maintain your legal status and your path to a green card.
FAQ 2: What role does the new employer play in the employment-based visa transfer process after I-140 approval?
Answer:
After your I-140 petition is approved and you have secured a new job offer, your new employer plays a crucial role in the employment-based visa transfer process. They must file a new PERM Labor Certification with the Department of Labor and then file a new I-140 petition on your behalf. This process is important to ensure continuity in your immigration journey.
FAQ 3: Can I retain my priority date if I change employers with an approved I-140 petition?
Answer:
Yes, one of the benefits of having an I-140 petition approved is that you can retain your priority date even if you change employers. Your priority date represents your place in line for a green card. This provision allows individuals to change employers without losing their progress in the green card application process, provided the new job is in the same or a similar occupational classification. This provision is called AC-21 Portability, under the American Competitiveness in the Twenty-First Century Act.
What did you learn? Answer below to know:
- True or False: When changing employers with an approved I-140, it is necessary for your new employer to file a new PERM Labor Certification with the Department of Labor.
- What is the significance of retaining your priority date when changing employers with an approved I-140?
a) It allows for an extension of the H-1B visa beyond the normal six-year limit.
b) It guarantees a faster processing time for the green card application.
c) It ensures that your place in line for a green card remains valid.
d) It eliminates the need for filing a new I-140 petition. - What benefit does the American Competitiveness in the Twenty-First Century Act (AC-21) provide to individuals changing employers with an approved I-140?
a) It allows for a change of job within any occupational classification without affecting the I-140 petition.
b) It ensures automatic approval of the new I-140 petition filed by the new employer.
c) It exempts individuals from the need to secure a new job offer.
d) It extends the validity of the I-140 approval for an unlimited period of time.
