QUESTION
Can I change jobs if my employer sponsors me?
Asked on Jun 07th, 2012 on Immigration - California
More details to this question:
I know a H1/2 visa are employer-bound, which means you are only allowed to work for the specific employer that sponsored your visa?What about a Green Card? If I get through an employer that is willing to sponsor me, can I change job and employer afterwards?
10 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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Yes.
Answered on May 29th, 2013 at 11:50 PM
Business Law Attorney serving Atlanta, GA
at
Elkhalil Law, P.C.
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After your receive your green card you can work for any company you wish. If you change jobs, you must continue to work for the company who file for your work visa and green card.
Answered on Jun 21st, 2012 at 5:59 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
H-1B visas are attached to the petitioning employer. If you change employers you, the new employer must file a petition. As far as green cards, whether you can change jobs depends on where you are in the process. If you have already filed for residence, you are permitted to port employees after 180 days.
Answered on Jun 20th, 2012 at 6:33 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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It depends on where you are in the process what the immigration effect of changing jobs will be. 1) If I-140 is not approved then if you change jobs you will need to start from the beginning with new employer and of course make sure you are maintaining non-immigrant status so likely a new H-1B. 2). If I-140 is approved but I-485 has not been on file or on file for less than 180 days, you can change jobs but you will need to re-file the labor certification and I-140 with new employer. HOWEVER, big benefit of waiting until this point is that you can recapture the Priority Date from the first labor certification onto the second I-140 so you don't lose your place in line. This is locked in at the I-140 approval. 3) If the I-140 is approved AND the I-485 has been pending for 180 days or longer, then you can change jobs to a same or similar employer with just a letter from the new employer and documentation these terms have been satisfied. We recommend maintaining underlying status until green card is in hand but at least until I-140 has been approved and work card received with I-485.
Answered on Jun 18th, 2012 at 5:47 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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You can apply with USCIS to change your employer for another H-1B. For the Green Card, you need to apply for PERM. *PERM Labor Certification* A Labor Certification is an application filed by your future employer. Labor Certification is now known as PERM and moves through the system much faster than before. In fact, if everything goes smoothly, after filing the Labor Certification, it could take only 60 days. This is years faster than before. It is an offer of employment that will allow you to work for that employer when you get your Green Card. My office prepares the paperwork and application and then sends it out for signature to you and your employer. We guide both of you through the entire process so that you will never wonder what to do next. Please note that even though the Labor Certification process is much faster, that it is still taking years for the visa number to become current.
Answered on Jun 18th, 2012 at 5:20 PM
Rebecca T White
If you are on an H-1b visa, you can switch to another employer on another H-1b visa. If you are still looking for an H-1b visa, you should know that the visa numbers are expected to be used for the year shortly. If your employer sponsors you for a greencard, there is the option to change employers and jobs, but the details would need to be discussed before you did so. Your questions are really quite broad, and the specific details truly matter in providing accurate answers.
Answered on Jun 15th, 2012 at 4:39 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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In order to change employers, your new employer must submit a petition for you. However, you cannot start working for the new employer until the petition has been approved.
Answered on Jun 15th, 2012 at 2:46 PM
Thomas J. Rosser
You are correct that an H-1B non-immigrant visa process as well as an employment-based labor certification and subsequent adjustment of status process for the I-551 "green card" are all employer-specific and require that the specific employer-employee relationship be maintained throughout the process (and in the case of the H NIV, during the entire validity period). Once the employment-based green card process has been completed, however, the beneficiary is no longer bound legally to the specific employer who sponsored him/her for lawful permanent residence.
Answered on Jun 15th, 2012 at 2:42 PM
You can change jobs and work for anyone after you were granted permanent resident status ("green card").
Answered on Jun 15th, 2012 at 2:16 PM
Yes, once you have your green card and you have worked for a reasonable period of time (usually 90 days should suffice), you can change jobs. You can actually change jobs once your I-140 has been approved and I-485 has been pending for 180 days as long as you change jobs but are in the same or similar job classification.
Answered on Jun 15th, 2012 at 2:08 PM