何時可以轉換工作？

By: Beth Robertie, Esq. 不少持employment-based visa的人士向我們谘詢到其在什麽時候或情況下才能轉換新的工作。在這裏，我們談談有意轉工作人士應注意的一些問題。但是每一個人的情況都不一樣，我們建議有關人士應向法律專家谘詢。 We often receive questions from our employment-based visa clients regarding how and when they can change jobs. Obviously, this is a complicated topic, and every situation is different, so if you have a question about your specific situation, please contact a licensed immigration professional for help. Here are some general guidelines related to immigrant visa applications, however: * Labor Certification Beneficiaries When you are the beneficiary of a labor certification, generally you must remain with your employer until your Application to Adjust Status (I-485) has been pending for at least 180 days. Leaving your employer before the I-485 has been pending for 180 days will result in a loss of the labor certification and approved Immigrant Petition for Alien Worker (I-140). Although you may be able to retain your priority date if you go to a new employer, you will have to go through the labor certification process again. Once your I-485 has been pending for 180 days, you are entitled to switch employers. However, it is important to remember that your new job must be the “same or similar” occupation in order to preserve your pending I-485. The same rule applies to Outstanding Professor or Researcher (EB-1B) beneficiaries, who must have an employer in order to apply under this category. Like labor certification beneficiaries, outstanding researchers may change employers once the I-485 has been pending for 180 days, but they must remain in the same or a similar occupation. * National Interest Waiver Beneficiaries Although National Interest Waiver (NIW) beneficiaries are not required to submit to the labor certification process and therefore are not tied to a specific employer, they are required continue to contribute to the national interest through their work once they have received the NIW and approved I-140. As such, they must continue to work in the same field while their I-485 is pending, even after the I-485 has been pending for 180 days. Switching to a new field of work will jeopardize their pending I-485. This rule also applies in the case of Extraordinary Ability (EB-1A) beneficiaries, who are likewise not tied to a specific employer but must continue to work in their field until their I-485 is approved and they receive their “green card.” ______________________________________________________________________________ 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.Fan-Law.com CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]