job change during perm process

The best way to ensure that you are on the best path to your green card is to consult an immigration attorney. A new job means new PERM. The PERM process is going to take around 5 years, so if you expect a promotion (esp if the job responsibilities change more than 49%) by then, it's better to apply for PERM for the to-be position, rather than current position. Be sure to indicate on the petition that you want to retain your priority date. All posts are moderated, so it will take time for your post to appear! Solution 2: keep working . Hi, I have switched my job recently, but my priority date will become current in few months, so I am in talk with my previous employer for rejoining. If you would like to change jobs once your I-140 is filed or your green card, you will need to go through the PERM process again. 8. . Suppose USCIS approves your I-485 in less than 180 days and you are interested in changing jobs after green card approval. Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. However, if your current employer gives you a new position that drastically differs from your original job, then chances are that you will need a new PERM application. This procedure provides petitioners the benefit of the full 180-day validity period for approved permanent labor certifications established by DOL. Be sure to consult with your attorney to see if waiting for a certain period after changing jobs would be advisable. This will require some discussion. >>> If you definetely want to change the employer, then why do you want to file the PERM and waste the employer's money? Please contact your lawyers, or set up a consultation with us: https://www.immigration.com/our-fees. Under AC21, a worker whose I-485 application has been pending for at least 180 days may change jobs and move to a different employer (that is, an employer who did not sponsor the worker's I-140 petition) to work in a position that is similar to the position in the previous I-140 petition. Our team at Law Offices of Rajiv S. Khanna, PC, headed by US Immigration attorney, Rajiv S. Khanna, proudly counsel and represent in U.S. immigration mattersclients from every continent of the world and all fifty U.S. states. The Program Electronic Review Management process, or PERM, allows the Department of Labor (DOL) to more easily track which legal permanent residents are employed in the United States. However, the target ones are audits that can be triggered by one of several issues with your application. One provision of the law, known as 204(j) portability or AC21 portability, permits foreign national employees to change jobs or employers, without having to restart the green card process, if: In determining whether a new position is in the same or a similar occupational classification as the offer of employment for which a petition was filed, the government will consider a number of factors including: the DOL occupational classification codes assigned to each job, the job duties, skills, experience, education, training, licenses or certifications specifically required to perform the jobs, and the wages offered for each job. By 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. So, it does not matter if the manager changed or I got a promotion in the same job profile when AOS is filed? If this is your first visit, be sure to This page was generated at 09:35 AM.

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