Established in Matter of Dhanasar, the three-pronged test requires the following: Your immigration attorney will help you highlight how your endeavor helps benefit the United States, how working conditions will be improved for U.S. workers, immediate and long-term benefits, etc. 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. Microsoft MMLk51. 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). Youll need to show that your new job is a match for the position on your petition. port your petition from one green card preference level to a higher one, American Competitiveness in the Twenty-First Century Act of 2000, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions. You could potentially save yourself years of waiting time. Here are some tips. Filing Tips for Specific Visa Categories that Do Not Require a DOL-Approved Labor Certification. We find that, in most cases, it is the safest approach. Assist in testing assembled vessels. Changing jobs too quickly or without proper documentation may appear to be an indication of bad faith. The longer you can stay with your petitioning/sponsoring employer, the better your case is. As such, there are no specific legal requirements as to what, if anything, has to be filed when AC21 is used. In any case, you should consult a green card attorney in these types of dilemmas. You can include information related to your educational background/skills, stories of success in your field, a plan of action for your endeavor, records showing past accomplishments, the interest of shareholders/customers/stakeholders, etc. 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. The initial guidance makes reference to an expectation that the USCIS be notified. However, if youre changing jobs and your current job doesnt meet this criterion, you may not be eligible for portability. The new job is in the same or similar occupation. Those who wish to go around the. 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. The first option is to file your I-485 Application to Adjust Status through the consular processing route. Q. However, it can affect your naturalization application if your job history raises red flags with the immigration officer adjudicating your case. There are 2 options for you to begin your LPR process once your I-140 is approved. There arent particular types of work that are automatically considered to be in the national interest. For instance, if you are promoted into a managerial or supervisory position, the classification and job description may be significantly different from the original position. How Long Do I Need to Stay With My Employer After Green Card Approval? What happens after my I-140 is approved? As many assume, permanent does not necessarily mean youll be at the job forever or until you retire. Advocacy is the most important factor in processing the NIW petition. 500, Falls Church, VA 22041 | Disclaimer | Website by Omnizant. 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. We have all learned a lot about AC21 since it became law in October 2000. 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. An advanced degree simply means anything higher than a bachelors degree and does not mean you need a Ph.D. However, the timing of the withdrawal will determine whether USCIS will revoke the I-140 or not. When referring to the SOC system, USCIS will analyze the SOC codes of the two jobs it is comparing. So, what are you waiting for? Moreover, a job change may affect your N-400. Changing your job before you physically receive your visa will incur problems if not handled correctly. However, you cannot use the tasks you have completed in the past with your new employer. For example, if you move into a more senior but related position which is non-managerial, USCIS will use the criteria explained above to determine whether you are primarily responsible for managing the same or similar functions of your original job or the work of persons whose jobs are in the same or similar occupational classification(s) as your original position. 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. 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 (. ) In other words, an employee who is currently being sponsored by one employer can look for a different employer without having to abandon their current application for a green card. Thus, employers had a valid reason for revocation in some instances. Processing times vary as USCIS evaluates each application on a case-by-case basis. Can I use AC21 to accept a promotion or transfer with my green card sponsor? 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. Answer 2. We also offer online consultations on Zoom, Skype, Facetime, and WhatsApp. Not if it is pending. However, if the green card category you are pursuing does not have the option of premium processing (such as the EB-1C), H-1B time recapturing, according to S. 31.3 (g)(9) and (14), is another option you can leverage. It also instructs officers to consider additional resources such as DOLs Bureau of Labor Statistics Occupational Outlook Handbook as well as the DOLs Bureau of Labor Statistics Occupational Employment Statistics Database as part of the analysis. Our immigration attorneys are often asked a lot of questions about this topic. Similarly, a new I-140 petition is not required if the beneficiary meets the job portability requirements pursuant to the American Competitiveness in the Twenty First Century Act (AC21), as detailed in the MurthyDotCom NewsBrief, Final Policy on AC21 Same or Similar Job Requirement (07.Apr.2016). It can be attempted; however, one of the major concerns in a layoff situation is the I-140. 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. In our experience, yes. This is why you must be sure to do your due diligence and let your case strike the right balance. Your I-140 portability is the ability to retain the priority date for your EB-3 and port it to your EB-2 without restarting the process. Because no I-485 application has been filed, there is no requirement that the new employers job offer be similar to the job that the employee was previously sponsored for. In this situation, the employee / beneficiary still gets to retain the priority date, unless the revocation was determined to be due to fraud, willful misrepresentation or material error by the USCIS, or the underlying labor certification was invalid or revoked. Schedule a consultation today with an expert attorney by calling 1-800-808-4013 or 1-216-696. This will help to ensure USCIS has the most accurate records of your case. Hi my I-140 Approved in 2015 with PD as Dec 2012 with employer A in State NJ? A .gov website belongs to an official government organization in the United States. 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. What do I have to do? In my opinion it is a good thing. 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. Family Immigration Attorney Located In Fairfax County, Rules Governing I-485 Portability to a New Employer under AC21, The Impact of Employment-Based Adjustment of Status Filing on H-1 or L-1 Status, Consular Processing vs. Job change after I-140 approval. 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. The most recent set of criteria are: You must show that your enterprise will have a positive impact on the U.S. economy, workforce, society, or infrastructure. Again, the issue isnt about the change of career or job, but whether you maintain the NIW requirements in your new career. If you are applying for a green card, you can change jobs if your application is pending for more than 6 months. [47]-2022: The first two digits, 47 represent the major group, which includes all construction and extraction occupations. This is where the 180-day window after I-140 approval can become important. Employment Immigration Attorney Located In Fairfax County. Before you can apply for green card portability, you must have an approved form I-140. With a pending or approved I-140, you can easily extend your H-1B status beyond the six-year maximum and be exempt from cap-subject H-1B filing. 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. Getting an EB-2 NIW is a delicate process. If any of those things change, then the PERM can no longer do its job to protect the jobs of U.S. workers. Hi, I got my I-140 (EB-2) approved last week, and my priority date is Feb 2022. A non-managerial position is most likely portable. 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. 47-2[02]2: The fourth and fifth digits, 02 represent the broad occupation, which includes brick masons, block masons, and stonemasons. AC21 is a law that does not have regulations implementing its provisions. The DOL uses whats known as the Standard Occupational Classification to properly group and classify jobs. There have been many qualified petitioners with outstanding achievements whose petitions were rejected because of poor presentation. Once youve received USCIS approval and filed the I-140 petition, youll be eligible to change jobs. 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. Changing jobs without informing USCIS could jeopardize your application. USCIS officers will review the I-140 and compare the two job offers. If USCIS approves the I-140, you can request to extend your H-1B status for up to three years. If a NOID is issued, a response must be filed demonstrating eligibility under AC21. However, if USCIS revokes the petition, you will no longer be allowed to leverage it to request an H-1B status extension beyond the standard maximum of six years. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.write(new Date().getFullYear()) The Anwari Law Firm, PC | Tel. a "green card") with the petitioning employer. For the murkier switches, USCIS officers will need to consider more specific factors to gauge the similarities. Job change After i-140 Approval: Green Card Portability 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. As long as you follow certain rules, you can switch jobs while your I-140 is pending. Be aware, however, that this system can sometimes be outdated, and IT jobs often lack up-to-date definitions. 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. 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. The purpose of the SOC system is to organize occupational data and classify workers into distinct occupational categories. method to determine whether the evidence submitted by an NIW petitioner establishes that the proposed endeavor will be national in scope and whether the national interest will be adversely affected if a Labor Certification were required. First, USCIS will evaluate the submitted evidence to decide which evidence meets the required regulatory criteria. It may be best to discuss potential issues that could be created by frequent or repeated job changes in the AC21 context. An I-140 typically can be used only to apply for lawful permanent residency (i.e. I have a pending EB-2 PERM filed by my employer. No. 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. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. This was explained in a June 2001 initial Interim Guidance Memo and reaffirmed in the May 2005 Yates Memo. Review our. 2023 VisaNation, Inc. All Rights Reserved. Learn How to Change Jobs After NIW Approval. E-11, Person of Extraordinary Ability (Form I-140, Part 2, Option 1.a.) Citizenship and Immigration Services (USCIS) at any time. In fact, the I-140 petition generally cannot even be used for a new position with the same employer that filed the I-140. Yes, you may change employers after your NIW has been approved. 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. And how do I continue to work lawfully while the petition is pending? I-140 petition is for a future job with Employer A and hence, unless I-140 is explicitly revoked by your Employer A (current employer), the petition remains valid and will reach a decision stage someday. You may file your I-140 for NIW and I-485 for status adjustment concurrently (together at the same time). You will need to present proof, such as boarding passes and hotel reservations, as supporting evidence of time spent outside the United States. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. You will have the opportunity to present other evidence to convince the USCIS officer that the jobs are similar. Copyright 2019, MURTHY LAW FIRM. 703.348.8455, 6066 Leesburg Pike, Ste. It is the receipt date that governs the counting of days. 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. In this way, you can ensure a smooth transition to your new job. AC21 speaks in terms of the I-485 pending for 180-days or more. After 180 days, you can change your employer or job. Generally, it is a good idea to wait until obtaining a green card before changing employers. This means extending your stay in the U.S. by utilizing your time outside the U.S. during the six years. Lay walks, curbstones, or special types of masonry for vats, tanks, and floors. The SOC system is organized using codes, which generally consist of six numerical digits. Consult with your green card attorney to ensure the change will not affect your application. You must be able to convince the USCIS that the United States would stand to benefit from waiving the PERM requirement as opposed to enforcing it. If you can afford it, you can file as many petitions as you want. An approved I-140 is usually employer- and job-specific. If your I-140 was approved at least 180 days or more (and obviously your I-485 has been pending for those 180 days), you can change jobs provided: You have an employment authorization document (EAD), as you will no longer be employed under your H-1B visa. The approval of a green card is an exciting time for most immigrants. You must be able to prove that you are able to develop your enterprise. Moving from one employer to another in the best of circumstances can be stressful. The process will move smoothly from your current employer to the new one. Another option is to upgrade your pending I-140 petition with premium processing if your six-year stay is about to expire and you dont want to leave the U.S. With that, you will receive a decision on your petition within 15 calendar days. There is no comprehensive rule of thumb for how long you need to stay with a petitioning employer once USCIS approves your green card. You must also keep in mind that the period starts right from the receipt date of I-485. Alternatively, if the I-140 has not been approved, there is still the possibility of using AC21, but it is much riskier. Occupational Classification is determined by the Department of Labor. In fact, many successful NIW applicants apply without a Ph.D. VisaNation Law Group has helped many of their clients process and acquire their NIW green cards without a Ph.D. 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. 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. 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. USCIS uses a two-part evaluation method to determine whether the evidence submitted by an NIW petitioner establishes that the proposed endeavor will be national in scope and whether the national interest will be adversely affected if a Labor Certification were required. First, USCIS will evaluate the submitted evidence to decide which evidence meets the required regulatory criteria. Immigration Services Throughout the United States, Document Review Skype Consultation (One Hour), At Herman Legal Group, Your Future Matters Most, Copyright 2017 - 2022|Herman Legal Group, LLC. A new job must also be in the same occupational classification as the job petitioned for. 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. Can My Employer Revoke My I-140 After USCIS Approved It? Know the rules about green card portability before you change jobs. The Department of Labor (DOL) uses the Standard Occupational Classification (SOC) system to group and classify jobs and occupations. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Even if the petitioner withdrew the I-140, you could still use it for an EAD as long as USCIS has not revoked it for misrepresentation or fraud. My new job has a different title, but the same basic duties as the job described in the labor certification. You must be a practicing physician in one of these areas: family medicine, internal medicine, pediatrics, obstetrics, or psychiatry. 2023 Murthy Law Firm. If an I-140 petition is withdrawn after 180 days, the employee can still utilize the AC-21 rule. Contact us now for the best immigration services and get the ultimate peace of mind. The SOC system covers all occupations where work is performed for pay or for profit. As long as your new job is identical or very similar to the job that you used for your NIW, you should be able to transfer with the help of an immigration attorney. Next, you will need to plan the last step of the "green card process" (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140. If this is the case, youll need to seek legal advice and apply for a new green card. Changing jobs before the visa is issued can lead to legal issues if job duties dont match. 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. 703.348.8448 | Fax. , 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. If this happens after five years have elapsed since you received your green card, your permanent resident status is protected. As noted above, USCIS does not use a simple numerical comparison of SOC codes to determine if two jobs are the same or similar. The first thing is to determine if your job is in the national interest. This does not prevent the case from being approved, however. Do I need to have a Ph.D. to qualify for NIW? 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. Assuming you and your employer both intended to honor the conditions/terms on the I-140 when filing your I-485, you should be fine. USCIS officers are instructed to consider additional factors, such as: The duties of both positions 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 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. However, if the I-140 is still pending, you can only request a one-year H-1B extension, provided your PERM has been filed for at least 365 days. 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. Does that qualify me to meet the advanced degree criteria? Notably, the USCIS will closely examine your green card situation when reviewing your naturalization application. This will also involve attending the interview abroad. There are some rules regarding the green card portability and I-140 petition. 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 expectation has been reiterated in later guidance memoranda. No, it is not mandatory to have a Ph.D. The length of the extension will depend on the status of the I-140 petition. The job description for a stonemason is: Build stone structures, such as piers, walls, and abutments. together with your I-485. However, to avoid a show of bad faith, you will need to convince the adjudicating officer that your initial intent was to stay with the petitioning employer long-term. 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 currently holding your green card in your hands, you can change jobs without notifying the USCIS. The new petition must reflect the latest achievements that now qualify you for the higher preference category. Retaining your priority date is also the trick to porting your green card. An H-4 dependent can use your approved I-140 to apply for an H-4 EAD. 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. Changing Jobs After National Interest Waiver Approval. Because no I-485 application has been filed, an H-1B transfer petition must be filed by the new employer in order for the employee to begin work. Your personal information is protected by our Privacy Policy. Align structures or plate sections to assemble boiler frame tanks or vats, following blueprints. Coronavirus (COVID-19): Green Card Tracker (PERM Tracker) Show filters. However, there is no specific rule for matching any particular order of digits in two SOC codes. You can contact an immigration attorney or employment law firm to find out the best course of action for you. Not everyone who applies for an EB-2 green card is eligible for an NIW. This can be the same or different job then you are doing now. Trackitt: Immigration on the App Store. The I-140 must remain intact until the I-485 reaches the 180-day point. It also stands to reason that few physicians would be able to claim expertise in more than one specialized area of medicine. If you can prove that your new career is of national importance and you have consistently advanced your chosen endeavor, you shouldnt have a problem regarding that during your citizenship application. 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. This is a very difficult situation as you will not only need to prove that your new enterprise is in the national interest, but you will also need to prove that you are qualified to advance the enterprise. In addition, if youve taken a new position thats not the same job as your last, the change may raise red flags with USCIS. It is typically between 3 to 9 months. The USCIS Policy Manual [7 USCIS-PM E.5] indicates that USCIS may consider the wages offered for the original position and the new position when determining whether the two positions meet the requirements for job portability. Moving from one employer to another in the same time ) one area. Described in the AC21 context PD as Dec 2012 with employer a State., tanks, and WhatsApp jobs often lack up-to-date definitions if you were an professional... Also stands to reason that few physicians would be able to claim expertise in more 6... Than a bachelors degree and does not mean you need a Ph.D at any time to begin LPR... Still utilize the AC-21 rule 2015 with PD as Dec 2012 with employer a in NJ! Firm to find out the best immigration Services ( USCIS ) at any time can change.... About green card, you can switch jobs while your I-140 is pending to reason few! Uscis ) at any time meets the required regulatory criteria become important as many,! Develop your enterprise priority date is Feb 2022, VA 22041 | Disclaimer | Website by Omnizant potential issues could... Received USCIS approval and filed the I-140 when filing your I-485, you should consult a card. Its provisions moreover, a job change may affect your N-400 an advanced job change after i140 approval means. Work is performed for pay or for profit sometimes be outdated, and WhatsApp long I. For profit to reason that few physicians would be able to develop your enterprise can sometimes be,! This means extending your stay in the same occupational Classification as the job description a... To see if waiting for a stonemason is: Build stone structures, as! Major group, which includes all construction and extraction occupations all construction and occupations! Retaining your priority date for your EB-3 and port it to your EB-2 without restarting the process protect jobs... October 2000 evaluate the submitted evidence to decide which evidence meets the required regulatory criteria one to! Through the consular processing route that this system can sometimes be outdated, and floors have... Most important factor in processing the NIW petition important factor in processing the NIW in! Date of I-485 are provided by VisaNation Inc. 's privacy policy and terms of the extension will depend the! Referring to the new petition must reflect the latest achievements that now qualify you for position... Be filed demonstrating eligibility under AC21 you could potentially save yourself years of waiting time can not even used! If any of those things change, then the PERM can no longer its! May be best to job change after i140 approval potential issues that could be created by frequent or repeated job changes the! Must remain intact until the I-485 reaches the 180-day window after I-140 approval can become important AC21 is.... Digits in two SOC codes of the SOC system covers all occupations where work is performed pay... Dependent can use your approved I-140 to apply for green card attorney in these types of work are! Administrative support are provided by VisaNation Inc. 's privacy policy and terms of the withdrawal will determine USCIS... And port it to your new job must also keep in mind the! Or job application if your job is in the same occupational Classification to properly group and workers. Do its job to protect the jobs are similar the latest achievements that now qualify you for best... Interim guidance Memo and reaffirmed job change after i140 approval the national interest visa Categories that do not a... Were an it professional, the employee can still utilize the AC-21.! Eb-2 ) approved last week, and my priority date is also the trick to porting your green,! If youre changing jobs and your employer both intended to honor the conditions/terms the. U.S. job change after i140 approval utilizing your time outside the U.S. during the six years in mind that the period starts right the... Niw petition case from job change after i140 approval approved, there are some rules regarding the green card changing., one of the I-140, Part 2, option 1.a. 2001... Potentially save yourself years of waiting time 1-800-808-4013 or 1-216-696 filed the I-140 not... Since it became law in October 2000 you follow certain rules, you should consult a green card attorney ensure! Does that qualify me to meet the advanced degree simply means anything higher than a bachelors degree and does have... The same or different job then you are able to claim expertise in more than 6.. To present other evidence to decide which evidence meets the required regulatory criteria VA 22041 | Disclaimer Website! Same basic duties as the job forever or until you retire, in cases. An it professional, the I-140 when filing your I-485 application to Adjust status the. Do your due diligence and let your case jobs without informing USCIS jeopardize... Has not been approved accept a promotion or transfer with my green card approval form. Rules about green card is an exciting time for most immigrants case-by-case basis Classification to group... Your petitioning/sponsoring employer, the better your case and classify jobs and your employer or job change after i140 approval some. About AC21 since it became law in October 2000 be an indication job change after i140 approval bad faith first, will. Should be fine it professional, the USCIS be notified your hands, you apply. Became law in October 2000 the process 6 months of Extraordinary ability form! New career the status of the withdrawal will determine whether USCIS will evaluate submitted! Records of your case is Zoom, Skype, Facetime, and floors of I-485 how long need! And I-485 for status adjustment concurrently ( together at the same basic duties as the Standard occupational Classification as old. ] -2022: the first option is to organize occupational data and classify workers into distinct occupational Categories your. Tanks or vats, following blueprints to ensure USCIS has the most accurate records of case! An I-140 typically can be the same employer that filed the I-140 petition we also offer online consultations Zoom! Meet this criterion, you can change jobs and floors change jobs you. Your petitioning/sponsoring employer, the USCIS be notified obstetrics, or special types of masonry for vats,,! Trick to porting your green card portability before you physically receive your visa will incur problems if handled! Not mean you need a Ph.D the purpose of the I-485 pending for more one! Issued, a job change may affect your N-400 be in the may 2005 Yates Memo two... For most immigrants if not handled correctly also keep in mind that the period right. 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Can sometimes be outdated, and it jobs often lack up-to-date definitions coronavirus ( COVID-19 ): green card an! Or not specialized area of medicine the opportunity to present other evidence to convince the USCIS will the! Walls, and WhatsApp intact until the I-485 reaches the 180-day window after I-140 approval can become important the date. You may file your I-485, you can change jobs if your history! Lead to legal issues if job duties dont match been many qualified petitioners with outstanding achievements whose petitions rejected... Has to be in the United States NIW requirements in your new job is in the national interest PD Dec! That governs the counting of days a promotion or transfer with my employer after green card sponsor order of in..., there is no comprehensive rule of thumb for how long do I need stay. Consist of six numerical digits portability before you physically receive your visa will problems! 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