Am I allowed to change employers after my Labor Certification Application has been approved?
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Employment-based adjustment of status applicants (from any nonimmigrant status) whose I-485s have been pending for 180 days or more and who currently have an approved I-140 petition may change jobs or employers without invalidating the underlying I-140 or labor certification, as long as the new job is in the same or a similar occupational classification as the one for which the petition was filed.
Is there any online site available for status check for Labor approval? In case such site is available, Is it only restriced to the employer who filed the labor or the law firm who represented the same?
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PERM based Applications are filed online at http://www.plc.doleta.gov/ . General processing times may be accessed at http://www.plc.doleta.gov/ However, you would have to be the Employer, or the Attorney of Record to check status on specific Applications that are currently pending with the DOL.
I am still waiting for my I-485 approval. If I am terminated or if I resign from my petitioning employer, what will happen to the petition? Am I safe at this stage to look for another employer?
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If the I-140 has been approved and you have an adjustment of status application (Form I-485) pending for over 180 days, you would be eligible to move without losing the underlying validity of the Labor Cert/Immigrant petition. Of course, you would use your EAD document to work for the new employer and would have to submit a letter from the new employer assuming the responsibility of providing you with full time, permanent employment. Kindly contact the office to schedule an appointment to review the job profile (must be in the same or similar occupational classification).
Can the Employee Pay Professional/Filing Fees at I-140/485 stage?
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The Fraud Rule of the Department of Labor is specifically designed to address payment of fees at the PERM stage and includes cost of recruitment. Please read the FAQ by ETA regarding this. However, this rule does not preclude employees from bearing both professional and filing fees at the I-140/485 stage. Personal checks may be used to pay filing fees. However, it is best to use US Postal Money Orders or certified checks.
What is “Priority Date” for Employment Based Green Card purposes where the LC Application was substituted (Filed January 2002) and where can I find it?
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Your priority date is the date of acceptance (filing date) of the substitute labor - January, 2002. Priority date is not always reflected on the I-1485 receipt.
My I 140 was approved a month ago in EB3. Should i wait for 180 days to change my job to retain my priority date, if my new employer plans for file for GC in EB2?
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The priority date is established upon approval of the Immigrant Petition. No additional wait is required.
What is the difference between EB2 and EB3?
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The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
- An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
- Letters documenting at least ten years of full-time experience in the occupation being sought;
- A license to practice the profession or certification for a particular profession or occupation;
- Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
- Membership in professional associations;
- Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
- Aliens with at least two years of experience as skilled workers;
- Professionals with a baccalaureate degree; and
- Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
What are the requirements to port from EB3 to EB2?
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First, the requirements for the position are based on actual job requirements and not your qualifications; Secondly, the salary of the position must be considered in making a final decision in this matter. Porting your EB3 priority date to a later filed EB2 petition is possible. However, this matter is best handled through a private consultation with our Firm.