In the ever-evolving immigration landscape in the United States, one common question that often arises is, “Can I switch employers with an approved or pending I-140?” The answer is not a straightforward yes or no, as several factors come into play when considering changing jobs while holding an approved or pending I-140 petition. In this blog post, we’ll dive into the details and provide insights to help you navigate this critical decision effectively.
Understanding the I-140 Petition
Form I-140, officially known as the Immigrant Petition for Alien Workers, is filed by employers on behalf of foreign nationals seeking to obtain permanent residency, also known as a green card, in the United States. It establishes a genuine job offer and the intention to employ the beneficiary long-term.
Changing Employers with an Approved or Pending I-140
If your I-140 petition has already been approved or is pending, you may wonder if it is possible to switch employers without jeopardizing your immigration status. The good news is that, in most cases, it is indeed possible. However, certain conditions must be met:
- Form I-485 must be pending for 180 days or more
- Same or Similar Job: To maintain the validity of your approved I-140, you must generally continue working in a similar job role for your new employer. This means that the job offered by your new employer should be in the same or a similar occupational category as the one described in your original I-140 petition.
- Priority Date Retention: You can retain your priority date from the previously approved I-140 petition, which is crucial for advancing the green card application process. This is possible if the original I-140 was not revoked due to fraud or misrepresentation.
- New Labor Certification: Your new employer may need to file a new labor certification and I-140 petition on your behalf. However, the priority date retention ensures you don’t lose your place in the green card waiting line.
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