I Want to Know if I Can Take
this Job without Affecting the Pending Green Card Process

Dr. William:

I filed my I-140 EB1-Outstanding Researcher application several months ago and got it approved. Since it is an employer sponsored application, I have not changed my job during the I-485 pending period. Now, I have an opportunity to change my job to another larger company as a manager for a group. This is a kind of management job position, I want to know if I can take this job without affecting the pending green card process.


Answer: 

Based on AC-21 portability of the approved I-140 petition, if the 180 days have passed after filing of the I-485 application and the I-140 petition has also been approved, you are permitted to change job in a "same or similar" occupational classification. 

There is no clear definition from USCIS what is the exact meaning of the "same or similar" occupational classification. Generally, the new job title should be "same or similar" to the current job title to consider the the job portability. Also, the new job should fall within the same or similar occupational classification defined by U.S. Department of Labor's Dictionary of Occupational Title codes. If the new job is a management position, it is usually considered as a different occupational classification from a researcher's position. 

 

 

 

     

 

 

Green Card Apply Service - For All Your Immigration Needs

Green Card Apply Service
www.greencardapply.com