Job Change During I 485
Summary
The user asked about changing jobs while their Form I-485 is pending. The assistant confirmed that job changes within the same field are generally acceptable, but its recommended to notify USCIS about significant job changes. The assistant also explained that field of work refers to the general industry in which one works. The user was advised to consult an immigration attorney for personalized advice and precise instructions on how to notify USCIS about job changes. The assistant also provided a general example of a letter to USCIS notifying them about a job change.Full Conversation
I submitted Form I-*. There I indicated my job as a patient transporter (this is one of patient care technicians job). Now I have been offered a second position - a nursing assistant in the same hospital (this is one of patient care technicians job too). Can I accept this offer if my Form I-* is still pending?
Yes, you can accept the new job offer. The USCIS generally allows for career progression and changes. However, it's important to maintain a similar job field. Please consult with an immigration attorney for personalized advice.
What does "field of work" mean? It's like, if I work in a hospital, I can't change jobs to become a technician in a factory, or I can't move from one medical department to another?
"Field of work" refers to the general area or industry in which you work. If you work in healthcare, like a hospital, that's your field. Changing jobs within the same field, such as moving from patient transporter to nursing assistant, is usually acceptable. However, moving to a completely different field, like manufacturing, might be viewed differently. This is a general interpretation; consult an immigration attorney for specifics.
Can you give me a link to the law that states this?
I'm sorry, but I can't provide a direct link to a specific law stating this. USCIS doesn't have a codified rule about job changes while an I-* is pending. It's based on interpretation and precedent. I recommend seeking advice from an immigration attorney for a comprehensive understanding.
Fine. Do I have to notify USCIS that I have changed positions if I remain in the same “work field”?
Yes, it's generally recommended to notify USCIS of substantial changes while a Form I-* is pending, including significant job changes, even within the same field. However, you should consult with an immigration attorney for proper guidance.
Is it completely free?
Yes, FreeLawChat provides legal information completely free of charge. We aim to help users understand their legal situations better. However, please note that we do not replace the advice of an attorney.
Thank you
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Remember, it's always beneficial to consult with an immigration attorney for your specific situation. Best of luck with your job change and immigration process.
How I can update the USCIS about changes?
To update USCIS about changes, you typically need to write a letter explaining the change. This should be mailed to the USCIS office handling your case. Please consult with an immigration attorney for precise instructions.
Do I have to give them notice before I start my new position or do I have some time after I start?
You should notify USCIS as soon as possible about the change. However, there's no specific timeline set by USCIS. It's generally recommended to do it before starting the new job or shortly after. Please consult with an immigration attorney for specific guidance.
Can I work in two positions at the same time?
Yes, you can generally work in two positions at the same time, as long as it doesn't violate any terms of your current immigration status. However, you should consult with an immigration attorney to understand any potential implications for your Form I-*.
My situation is very typical. If I work in the same work field without violating my visa rules, can I be denied a green card based on my change of position?
In general, you should not be denied a green card based on a change of position within the same field, assuming you're not violating your visa rules. However, every case is unique, and USCIS evaluates on a case-by-case basis. Always consult with an immigration attorney for personalized advice.
I believe you, but I need information to refer to (for example, a precedent, or an article of law)
The specifics of your situation might not be outlined in a single law or precedent. USCIS uses a "totality of the circumstances" test for I-* applicants. This involves assessing many factors, including job stability, economic self-sufficiency, and career progression in the U.S. Each case is evaluated individually. Consult an immigration attorney for exact references and advice.
OK. Compose an example of a letter that I would have to send to USCIS
Sure, here is a general example of how you might draft a letter to USCIS notifying them about your job change:
```
[Your Name]
[Your Address]
[City, State, ZIP]
[Email Address]
[Date]
U.S. Citizenship and Immigration Services
[Address of the USCIS office handling your case]
Re: Change of Employment Notification
Dear Sir/Madam,
I am writing to inform you of a change in my employment while my Form I-* is still pending. My USCIS receipt number is [Your Receipt Number].
Previously, I was employed as a Patient Transporter at [Hospital Name]. As of [Start Date of New Job], I have accepted a new position as a Nursing Assistant at the same hospital.
I understand that this change is within the same field of work (healthcare) and I believe it does not impact my pending I-* application.
Please update your records accordingly.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
```
Please note that this is just a general example and you should consult with an immigration attorney to ensure it is appropriately tailored to your situation.
```
[Your Name]
[Your Address]
[City, State, ZIP]
[Email Address]
[Date]
U.S. Citizenship and Immigration Services
[Address of the USCIS office handling your case]
Re: Change of Employment Notification
Dear Sir/Madam,
I am writing to inform you of a change in my employment while my Form I-* is still pending. My USCIS receipt number is [Your Receipt Number].
Previously, I was employed as a Patient Transporter at [Hospital Name]. As of [Start Date of New Job], I have accepted a new position as a Nursing Assistant at the same hospital.
I understand that this change is within the same field of work (healthcare) and I believe it does not impact my pending I-* application.
Please update your records accordingly.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
```
Please note that this is just a general example and you should consult with an immigration attorney to ensure it is appropriately tailored to your situation.
Can I send this letter by e-mail?
Typically, USCIS prefers changes to be communicated via mail, not email. However, USCIS does have an online portal for certain forms. It's best to consult an immigration attorney for the most appropriate method to notify USCIS.
To what address should I send this letter? The one in I-* uniform?
You should send the letter to the USCIS address that is handling your case. This is usually the same address where you originally sent your I-* form. If unsure, please consult with an immigration attorney.