Can I Change Jobs Immediately After I-140 Approval?
Immigration through employment is a common pathway to a green card. One of the steps on this path includes the I-140 petition. After filing the I-140 petition, the process of getting an I-140 approved can take several months to a few years.
Once your I-140 petition is approved, many immigration hopefuls wonder if they can switch jobs. Here we’ll discuss this topic and answer the question: Can I change jobs immediately after I-140 approval?
What is an I-140 Petition?
The I-140 petition is the second step for individuals seeking a green card through employment. You must file the I-140 petition to the United States Citizenship and Immigration Services (USCIS). This petition outlines:
- The job position they are applying for
- The job description and duties
- Whether the employer is able to pay the required wages
- Employer’s compliance info
- Proof that the employer is financially stable
The I-140 petition can be filed by the employer on behalf of their foreign employee.
What Happens After Approval?
Once the I-140 petition is approved, the applicant is eligible to apply for an adjustment of status to become a permanent resident (green card holder). An adjustment of status application is the culmination of the immigration process.
The green card holder must also maintain the same job for a minimum period of time in order to qualify for adjustment of status. Therefore, many people assume that after I-140 approval, they cannot switch jobs.
Can I Change Jobs Immediately After I-140 ApprovaI?
Yes, you can change jobs after your I-140 is approved as long as the new job is in the same or similar occupational category. The USCIS requires that the green card holder remains in the same job, and if they transition to a different job, the new job must be related to the current job position which was the reason for the I-140 petition.
This is known as the “same or similar occupational category” rule. The individual must show that the new job does not necessarily require a new application for an I-140. It is important to be aware that the USCIS may request additional documentation or details to prove that the new job is in the same or similar occupational category.
In conclusion, after the I-140 petition is approved, it is possible to change jobs as long as it is in the same or similar occupational category. It is important to consider the potential implications of job transitions, as well as the additional evidence that may be required by the USCIS to prove that the new job is in the same or similar occupational category.