Can I Change Jobs After PERM Approval? - ILW.COM Discussion Board I do plan to stay with my current employer but was wondering if I can get away with changing teams internally without requiring a PERM or I-140 amendment. Prior to beginning the recruitment process, the employer must determine the actual minimum requirements for the position. Copyright 1993-2023, Law Offices of Rajiv S. Khanna, PC. You are changing employers altogether. When you change the employer and if that is the employer who will file your AOS, then anyways you have to do the PERM process again and at that time the PERM job will be whatever position/role offered by your employer at that point in time. It is one of the first steps taken when a foreign national seeks lawful permanent residence in the United States based on employment. What it means is essentially how closely related is your new role to your original role. She is now a "Dentist(Associate)" and job duties between associate dentist and lead dentist are 70% the same. I would just let the PERM process untouched at this point and proceed filing I-140. For example - Senior Software Engineer to Staff Software Engineer? So, to be very precise, I should have to wait until I-140 done before making any change in my work location. USCIS grants green cards based on the premise that the employee permanently accepts the job or position. PERM process (underlying PWD & recruitment steps) are location specific. The PERM process requires the employer to explain the terms and conditions of its permanent job offer, including the position's title, worksite, requirements, and duties. As the green card application is position- and employer- specific, changes to the position may result in a change to the indefinite job offer and may require the employer to re-initiate the process. Likewise, wage raises that occur with the passage of time after the PERM is filed do not impact the PERM's continuing validity. Make sure to amend H1B if there are material changes to your job position. A promotion or change in job description during the pendency of a green card can jeopardize the green card process. A Brooklyn Lawyer Serving New York Community. The employment-based green card process requires an indefinite job offer by a sponsoring employer. The short answer is changing jobs can affect your loan approval. The 5th year of my H1B visa will be completed 10/2/2011. 7. Just to reiterate, if your intention is to work for the job offered in the PERM/I-140 and the employer is able to offer you the job that was mentioned in the PERM and ability to pay for it, you may not file a new PERM.
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