Lately, with today's economic slow-down, I've been getting calls from clients who are worried that their employers might go out of business, or there is no longer any work for them, or they are otherwise interested in changing employers.
If you have a pending employment-based adjustment of status application (I-485), you may be able to change jobs (port) without having to start the green card process all over again if you meet the following criteria:
- You are the beneficiary of an approved I-140 Immigrant Worker Petition;
- Your I-485 Application to Adjust Status has been pending for at least 180 days; and
- The new job is in a similar occupational classification as the job your I-140 was approved for.
For example:
- Jane is the beneficiary of an approved labor certification (PERM) and I-140 Immigrant Worker Petition as an accountant;
- She filed her I-485 Adjustment application in 2007;
- She has been recently offered a full-time permanent position as an accountant from another employer;
- USCIS is properly notified of the change in employer and new job offer;
Jane is qualified to change employers without having to go through the labor certification (PERM) process or the I-140 steps all over again. She retains her priority date, her number in line to get a green card.
Please contact our office for more information.