Can I Change Job After I-140 Approval?
I-140 is an Employment-Based Immigration Petition filed by employers on behalf of their employees. If a foreign worker is interested in obtaining lawful permanent residence status in the US, they must file an I-140 petition.
The approval of an I-140 petition is an important milestone in any immigrant’s journey towards permanent residency. But once I-140 has been approved, can the foreign worker change jobs? The answer is, it depends.
Factors In Changing Job After I-140 Approval
There are several factors to consider when attempting to transitioning roles after I-140 approval:
- Job Portability
- Nature of New Role
- Expired Priority Date
The first factor to consider is the job portability of the I-140. In some cases, the I-140 is valid for multiple job roles. This is known as having a “portable” or “dual-intent” I-140.
If the I-140 allows the foreign worker to switch employers and take up a new job, then the worker can do so without needing to obtain any additional approvals from the US Citizenship and Immigration Services (USCIS).
Nature of New Role
The second factor to consider is the nature of the new job. It is important that the new job is in the same or similar field of work as the approved I-140.
For example, if the foreign worker originally held a job as a software engineer and their I-140 was approved, they could switch job roles to a related technical job such as a DevOps engineer.
However, if the new job was completely unrelated to the foreign worker’s background, such as becoming a teacher, then the worker would need to file a new I-140 or obtain an extension of the existing one.
Expired Priority Date
The last factor to consider is the expiration of the original Priority Date for the approved I-140. The Priority Date is the date when the I-140 was filed, and this determines when the foreign worker can apply for the green card.
If the Priority Date has expired, then the foreign worker must submit a new I-140 petition if they want to become a permanent resident. It is important to note that the Priority Date also ceases to exist if the foreign worker has changed jobs.
In summary, the foreign worker can change job roles after I-140 approval, but there are a few factors to consider. It is important that the job is related to their original role and that the Priority Date has not expired.
If the foreign worker can meet these conditions, then they are free to change job roles without the need to file a new I-140.