Key Takeaways:
- The I-140 petition is crucial for obtaining a green card in the US, and your priority date determines your place in line.
- Workers with an approved I-140 can switch jobs while retaining their priority date, preserving their wait time for a green card.
- When switching jobs, a new PERM Labor Certification and I-140 petition must be filed, indicating the retention of the priority date.
Understanding the I-140 Petition and Your Priority Date
When you’re on the path to obtaining a green card in the United States, the I-140 Immigrant Petition for Alien Worker plays a crucial role. This form is used to petition the U.S. Citizenship and Immigration Services (USCIS) on behalf of a foreign worker to become a permanent resident in the United States. Along with this petition comes a very important date – your priority date – which is essentially your “place in line” in the visa queue.
Can You Switch Jobs with an Approved I-140?
One of the common concerns for many immigrants is whether they can switch jobs if they have an approved I-140 petition. This question arises because of the lengthy process and the possibility of career growth, a better offer, or other reasons that may compel a change in employment.
Good news for workers: If you have an approved I-140 and decide to switch jobs, in most cases, your priority date can be retained with a new employer. This means your wait time for a green card is preserved, even if your job changes.
How Priority Date Retention Works
Retaining your priority date is important because it ensures you don’t lose your place in line for a green card when you switch jobs. Your priority date is the date the USCIS received your I-140 petition. As long as your I-140 petition has not been revoked by your former employer or by USCIS due to fraud or misrepresentation, your priority date remains yours to keep.
When You Switch Jobs
If changing jobs is on the horizon for you, it’s essential to understand the steps involved:
- New PERM Labor Certification (if necessary): Your new employer may need to file a new PERM Labor Certification, which is a process to prove there are no willing or qualified U.S. workers available for your prospective job.
New I-140 Petition: Your new employer will need to file a new I-140 petition on your behalf.
Indicate Priority Date Retention: On this new I-140, the request to retain your original priority date should be made. It’s important that the new I-140 is approved to secure the retention of your priority date.
Remember, changing jobs will not affect the priority date unless the I-140 is revoked. Once you have the confirmation that your priority date has been retained with the new I-140, you’ve taken another step towards permanent residency.
Tips for a Smooth Transition
To ensure a smooth transition between employers while retaining your priority date, consider the following:
- Timing: The timing of your job switch is critical. It’s generally recommended to wait until your I-140 has been approved for at least 180 days to avoid problems with job switching and date retention.
- Legal Help: Get assistance from an immigration attorney to guide you through the process of switching jobs and protecting your priority date.
- Keep Copies: Maintain copies of all your immigration documents, including your I-140 approval notices. These documents will be needed by your new employer.
Additional Resources
For further information about I-140 petitions, job switching with an approved I-140, and priority date retention, you can visit the official USCIS website or consult with an immigration lawyer who specializes in employment-based visas.
Retaining your priority date while changing jobs is fully within the realm of possibility, and with the right knowledge and preparation, you can navigate this process confidently. Remember, your path to permanent residency is tied to your priority date, so understanding how to maintain it should be a top priority.
And there you have it, folks! Switching jobs with an approved I-140 is doable without losing your precious place in the green card line. Just make sure to follow the steps, retain your priority date, and voila! But hey, don’t stop here – there’s a whole world of visa knowledge waiting for you at visaverge.com. Go on, check it out!
FAQ’s to know:
FAQ 1: Can I switch jobs with an approved I-140?
Yes, you can switch jobs with an approved I-140 petition. In most cases, you can retain your priority date, which is your “place in line” for a green card, with a new employer. This means your wait time for a green card is preserved, even if your job changes.
FAQ 2: How does priority date retention work?
Priority date retention ensures that you don’t lose your place in line for a green card when you switch jobs. Your priority date is the date your I-140 petition was received by the USCIS. As long as your I-140 petition has not been revoked due to fraud or misrepresentation, your priority date remains yours to keep.
FAQ 3: What are the steps involved when switching jobs with an approved I-140?
When switching jobs with an approved I-140, there are several important steps to follow:
- Your new employer may need to file a new PERM Labor Certification, if required, to prove the unavailability of qualified U.S. workers.
- Your new employer must file a new I-140 petition on your behalf.
- On the new I-140, make sure to indicate the request to retain your original priority date. The approval of the new I-140 is crucial to secure the retention of your priority date.
It’s important to note that changing jobs will not affect your priority date unless the original I-140 is revoked. To ensure a smooth transition, it’s advisable to wait at least 180 days after your I-140 approval, seek legal help from an immigration attorney, and keep copies of all your immigration documents.
What did you learn? Answer below to know:
True or False: Can you switch jobs if you have an approved I-140 petition?
What is the purpose of the priority date in an I-140 petition?
What steps should be taken when switching jobs with an approved I-140 petition to retain the priority date? (Short answer)
