If you currently have an employment-based I-485 (Adjustment of Status) application pending and you’re considering accepting a new job offer, you should proceed with careful consideration of the immigration implications. The American Competitiveness in the 21st Century Act (AC21) may allow you to change jobs without affecting the status of your I-485 application if you meet certain criteria. Here’s what you need to know.
Understanding AC21 Portability
The concept of AC21 portability was created to provide flexibility for skilled workers awaiting their green cards. Under AC21, if your I-485 application has been pending for more than 180 days, you may be able to accept a new job that is the same or similar to your current position without jeopardizing your application. Here are the critical points to consider:
- Ensure Same or Similar Occupational Classification: The new job offer must be in the same or similar occupational classification as the job for which the original I-140 petition was filed.
- I-485 Must be Pending for 180 Days: You can take advantage of AC21 portability only if your I-485 has been pending for at least 180 days.
- Original I-140 Must be Approved or Approvable: The job offer can be from either your current employer or a new employer, but your original I-140 immigration petition must be approved or be approvable when the I-485 is adjudicated.
Steps to Take When Considering a Job Change During I-485
Evaluate the New Job Offer
Compare the new job description with your current role to ensure it qualifies as a “same or similar” job classification. Gather documentary evidence that supports this, as you might need it to demonstrate the similarity to USCIS.
Consult with an Immigration Attorney
Seek the advice of an experienced immigration lawyer to assess the risks and benefits of changing jobs under AC21 portability. They can provide guidance tailored to your specific situation.
Notify USCIS If Necessary
If you decide to change jobs under AC21, you should notify USCIS. Although you are not currently required to submit a formal notification, doing so can be beneficial, especially if there is a Request for Evidence or Notice of Intent to Deny issued on your case related to your employment.
Plan for Potential Delays
Job changes can sometimes trigger additional scrutiny or requests for evidence from USCIS, potentially leading to delays. Plan accordingly and consider the timing of your career move.
Important Considerations for Your I-485 Approval
Keep in mind that even with AC21, a job change during the I-485 process is not free of complications. Here are additional factors to consider:
- Pending I-140 Petition: If your I-140 is not yet approved when changing jobs, the process can become more complex. An immigration attorney can provide specific guidance in this situation.
- Documentation and Proof: Be prepared to provide evidence of the new job’s SOC (Standard Occupational Classification) code and demonstrate how it is similar to your previous role.
For official information and resources, visit the USCIS website or consult with a legal expert specializing in immigration law.
In conclusion, if you receive an enticing job offer with a significant salary increase while your employment-based I-485 is pending, it’s essential to understand the implications and proper steps to ensure your green card application remains secure. The AC21 portability provision can offer you the flexibility to make a career change with minimal risk to your immigration status, provided that you follow the correct procedures and maintain open communication with USCIS.
So, if you’re thinking about switching jobs while waiting for your green card, don’t sweat it! AC21 portability might just be your superhero. Just make sure the new job is similar to your current one, consult an immigration lawyer, and keep USCIS in the loop. Oh, and if you want more juicy info and expert advice, head on over to visaverge.com. Happy job hopping and green card wishing!
FAQ’s to know:
FAQ 1: How does AC21 portability affect job changes during the I-485 process?
Answer: AC21 portability allows individuals with a pending I-485 application to change jobs without jeopardizing their green card application under certain conditions. If your I-485 has been pending for more than 180 days, you may accept a new job that is in the same or similar occupational classification as your original job. However, your original I-140 immigration petition must be approved or be approvable when the I-485 is adjudicated.
FAQ 2: What steps should I take when considering a job change during the I-485 process?
Answer: When contemplating a job change during the I-485 process, you should:
- Evaluate the new job offer to ensure it qualifies as a “same or similar” job classification.
- Consult with an experienced immigration attorney to assess the risks and benefits of changing jobs under AC21 portability.
- Notify USCIS about the job change, even though it is not currently required, to enhance your case’s clarity and provide a proactive approach.
- Plan for potential delays, as job changes can result in additional scrutiny and requests for evidence, potentially prolonging the process.
FAQ 3: Are there any important considerations for I-485 approval when changing jobs?
Answer: Yes, there are additional factors to consider when changing jobs during the I-485 process. These include:
- The status of your pending I-140 petition; if it’s not yet approved when changing jobs, it can complicate the process.
- The need to provide documentation and proof of the new job’s SOC (Standard Occupational Classification) code and how it is similar to your previous role.
Additionally, it is crucial to consult with an immigration attorney who can provide tailored guidance based on your individual circumstances.
What did you learn? Answer below to know:
- True or False: Under the AC21 portability provision, you can change jobs without affecting your I-485 application if it has been pending for less than 180 days.
- Fill in the blank: In order to take advantage of AC21 portability, the new job offer must be in the _______ or _______ occupational classification as the job for which the original I-140 petition was filed.
- What are the steps recommended when considering a job change during the I-485 process? (Provide two key steps mentioned in the content)
