Changing jobs after your I-140 Immigrant Petition for Alien Worker is approved can be a critical decision in your green card journey and the overall green card application process. Done correctly, you can keep your priority date, maintain lawful status, and continue the process with a new employer. Done incorrectly, it can result in starting over, delays, or even losing your chance at a green card.
This guide explains everything you need to know about switching employers after I-140 approval, including:
✅ Understanding I-140 and its role in your green card process
✅ How job change affects your immigration status at each stage
✅ How to use AC21 portability to switch jobs without restarting the green card process
✅ What to do if your employer withdraws your I-140
✅ Step-by-step instructions for a smooth job transition
Understanding the I-140 Petition and Its Role
What is Form I-140?
- The I-140 is a petition filed by your employer to sponsor you for an employment-based green card.
- It shows that the employer has a permanent job for you and can pay your wage.
- It also establishes your priority date—your place in line for a green card based on your country and preference category.
Why Is I-140 Important?
✔️ Locks in your priority date, which you can transfer to a new employer.
✔️ Qualifies you for H-1B extensions beyond six years if needed.
✔️ Allows H-4 EAD (work permit) for your spouse once approved.
💡 However, changing jobs too soon can result in losing these benefits!
Step 1: Determine Your Green Card Stage
Green Card Process Stages
| Stage | Description |
|---|---|
| PERM Labor Certification | The first step in the green card process where the employer must prove that there are no qualified U.S. workers available for the position. |
| I-140 Petition | After the PERM is approved, the employer files an I-140 petition to classify the employee as eligible for a green card. If the employee changes employers after I-140 approval but before I-485 filing, a new PERM labor certification must be obtained to comply with immigration regulations and protect U.S. workers’ job opportunities. |
| I-485 Adjustment of Status | The final step where the employee applies to adjust their status to a permanent resident. |
Changing jobs has different consequences depending on which stage you are in.
Table: Risks of Changing Jobs at Different Green Card Stages
|
Stage |
Can You Change Jobs? |
Key Consequences |
| Before I-140 Approval | ❌ Not recommended | Lose priority date. Must restart PERM & I-140 with new employer. |
| After I-140 Approval, Before I-485 Filing | ✅ Yes (but new PERM/I-140 needed) | You retain your priority date, but need a new PERM & I-140 with the new employer. |
| After I-485 Filing, Less Than 180 Days | ❌ Not recommended | You must stay with the employer for at least 180 days or risk I-485 denial. |
| After I-485 Pending for 180+ Days | ✅ Yes (AC21 Portability) | You can change jobs without restarting the process if the new job is same or similar. |
💡 Timing your job switch correctly can save years of waiting!
Step 2: Check If You Can Use AC21 Portability
The American Competitiveness in the Twenty-First Century Act (AC21) allows I-485 applicants to switch jobs without restarting the green card process, provided they meet three conditions:
✔️ I-140 is approved. ✔️ I-485 has been pending for at least 180 days. ✔️ New job is in the same or similar field.
How to Determine “Same or Similar” Job?
✔️ Compare job duties, not just job titles.
✔️ Use SOC Codes (Standard Occupational Classification) as reference.
✔️ Promotions may qualify (e.g., Software Engineer → Engineering Manager).
✔️ Industry change may NOT qualify (e.g., IT → Finance).
💡 Switching to a very different job can result in I-485 denial!
Step 3: Notify USCIS with Supplement J
If using AC21 portability, you must inform USCIS by filing Form I-485 Supplement J. It is advisable to consult a green card attorney to ensure compliance with USCIS regulations and avoid potential legal issues during this process.
How to Submit Supplement J?
📌 Get a job offer letter from your new employer. 📌 Ensure the letter describes duties similar to your old job. 📌 Fill out Form I-485 Supplement J and submit it to USCIS. 📌 If USCIS issues an RFE, respond with additional evidence of job similarity.
Step 4: Maintain Valid Work Authorization
If You Are on an H-1B Visa
✔️ H-1B Portability: You can start working immediately after the new employer files an H-1B transfer. ✔️ H-1B Extensions: If your I-140 was approved for 180+ days, you can extend H-1B beyond 6 years. ✔️ 60-Day Grace Period: If laid off, you have 60 days to file an H-1B transfer.
Comprehensive immigration services are crucial to ensure a smooth work authorization process and to navigate the complexities of U.S. immigration law.
If You Have a Pending I-485
✔️ Use your EAD (Employment Authorization Document) for work. ✔️ If maintaining H-1B status, continue extending it as a backup plan.
Step 5: What If Your Employer Withdraws Your I-140?
💡 Your old employer can withdraw your I-140 after you leave, even after receiving green card approval. What happens next depends on timing.
| I-140 Withdrawal Timing | Impact |
|---|---|
| Before I-140 Approval | ❌ You lose everything. Must restart process. |
| Within 180 Days of Approval | 🔴 I-140 is revoked, but priority date is retained. H-1B extensions may not be possible. |
| After 180 Days of Approval | ✅ I-140 remains valid for H-1B extensions & AC21 portability. |
✔️ Your priority date is always retained (unless revoked for fraud).
Common Challenges and How to Overcome Them
Navigating the complexities of job changes during the immigration process can be daunting. One of the common challenges is understanding how changing jobs while an I-140 petition is pending can affect the guarantee of green cards. Additionally, job changes after green card approval come with their own set of implications. It is crucial to understand the legal parameters defined by USCIS regarding permanent employment and priority dates to ensure a smooth transition.
1. What If I Get an RFE (Request for Evidence)?
- USCIS may request proof of job similarity after switching employers.
- Submit evidence: Supplement J, employer letter, job descriptions, pay stubs.
2. What If My Green Card Is Delayed Due to the Job Change?
- If USCIS takes too long, file an inquiry.
- If stuck in retrogression, extend your H-1B and wait.
3. What If I Lose My Job?
- On H-1B? You have 60 days to find a new employer and file an H-1B transfer.
- On EAD? You can switch jobs immediately, but ensure the new job is similar.
Tips for a Smooth Job Transition
✔️ Wait until key milestones (I-140 approval, 180 days after I-485 filing).
✔️ Ensure new job is similar (compare job descriptions).
✔️ File Supplement J if needed.
✔️ Maintain valid work status (H-1B transfer, EAD, etc.).
✔️ Obtain a new PERM labor certification when changing jobs or employers to retain your priority date.
✔️ Work with an immigration attorney to avoid mistakes.
Changing Jobs Doesn’t Have to Derail Your Green Card!
By following these steps, you can successfully transition to a new job while keeping your green card process on track. 🎯
Frequently Asked Questions (FAQs) About Changing Employers After I-140 Approval
General Questions
Q1: Can I change jobs after my I-140 is approved?
✅ Yes, you can, but the impact depends on when you switch jobs.
- If you change jobs before I-140 approval, your green card process is voided—you must restart with a new employer.
- If you change jobs after I-140 approval but before filing I-485, you keep your priority date but need a new PERM and I-140 from your new employer.
- If you change jobs after filing I-485 and it has been pending for 180+ days, you can use AC21 portability to switch employers without restarting the green card process.
Q2: What happens to my I-140 if I leave my employer?
✔️ If you leave after I-140 approval, the I-140 belongs to your employer, but you can retain your priority date for a new green card petition.
✔️ If you leave after I-485 is pending for 180+ days, you can port your case using AC21, as long as the new job is in a similar field.
❌ If your employer withdraws the I-140 within 180 days of approval, USCIS will revoke it, meaning you lose benefits like H-1B extensions.
Q3: Do I need to inform USCIS if I change jobs?
📌 If you change jobs using AC21 portability, you should file Form I-485 Supplement J to confirm your new job offer with USCIS.
📌 If you are starting a new green card process, your new employer will handle the filings; you don’t need to notify USCIS yourself.
I-140 Petition and Employer Withdrawal
Q4: What happens if my employer withdraws my approved I-140?
✔️ If your I-140 was approved for 180+ days, it remains valid for:
- Priority date retention (you can carry it to a new I-140).
- H-1B extensions beyond six years.
- AC21 portability (if you filed I-485 and it’s been pending for 180+ days).
❌ If your I-140 is withdrawn before 180 days, it will be revoked, meaning:
- You cannot use it for H-1B extensions.
- You lose the ability to port using AC21.
- You retain your priority date, unless revoked for fraud.
Q5: Can my employer withdraw my I-140 without telling me?
✅ Yes, employers are not required to inform you if they withdraw your I-140.
💡 You can check your USCIS case status online or file a Freedom of Information Act (FOIA) request to verify the I-140 status.
Q6: Can my employer refuse to withdraw my I-140 after I leave?
✅ Some employers choose not to withdraw I-140s, even after an employee leaves. If they don’t withdraw it:
- Your I-140 remains valid for priority date retention and H-1B extensions.
- You may return to that employer later and continue the green card process.
H-1B and Work Authorization Considerations
Q7: How does changing jobs affect my H-1B visa?
✅ If you are on an H-1B visa, you can transfer your H-1B to a new employer and start working immediately once the transfer petition is filed.
✅ If your I-140 was approved for 180+ days, you can continue to extend H-1B beyond the six-year limit.
❌ If your I-140 is withdrawn before 180 days, you may not qualify for further H-1B extensions.
Q8: Can I keep extending my H-1B if my I-140 is approved but I haven’t filed I-485?
✅ Yes, you can keep extending your H-1B in 3-year increments as long as:
- Your I-140 is approved.
- Your priority date is not current.
- The I-140 is not withdrawn within 180 days of approval.
Q9: Can I switch from H-1B to EAD after I file I-485?
✅ Yes, once you receive your Employment Authorization Document (EAD), you can work for any employer without needing H-1B sponsorship.
💡 However, some prefer to maintain H-1B status as a backup in case the I-485 is denied.
AC21 Job Portability
Q10: How do I use AC21 to change jobs?
✔️ Wait at least 180 days after filing I-485.
✔️ Make sure the new job is in the same or similar occupational classification.
✔️ File Form I-485 Supplement J with USCIS to confirm the new job offer.
Q11: What happens if I switch to a different industry?
❌ If your new job is in a completely different field, you cannot use AC21 portability.
💡 If the difference is small (e.g., Software Engineer → IT Manager), AC21 may still apply.
Losing a Job During the Green Card Process
Q12: What happens if I get laid off after I-140 approval?
✔️ You have a 60-day grace period (if on H-1B) to find a new employer.
✔️ If I-140 was approved 180+ days ago, you can retain priority date and H-1B extensions.
✔️ If I-485 was pending 180+ days, you can port to a similar job under AC21.
Q13: Can I apply for unemployment benefits after losing my job?
❌ No. If you are in the U.S. on an H-1B visa, you are not eligible for unemployment benefits.
Priority Date and Retention
Q14: Does my priority date reset if I change jobs?
✅ No. Once your I-140 is approved, your priority date is yours forever, unless the I-140 is revoked for fraud.
Q15: Can I upgrade from EB-3 to EB-2 after changing jobs?
✅ Yes, your new employer can file a new EB-2 I-140 and request your old priority date from the EB-3 petition.
Spouse and H-4 EAD Considerations
Q16: Will my spouse lose H-4 EAD if I change jobs?
✅ Your spouse’s H-4 EAD remains valid as long as:
- Your I-140 remains approved for 180+ days.
- You continue to maintain H-1B status.
❌ If your I-140 is revoked before 180 days, your spouse may not be able to renew their H-4 EAD.
Consular Processing and Travel
Q17: Can I change jobs if I am going through consular processing instead of I-485?
✅ Yes, but you must restart the process with your new employer.
❌ AC21 only applies to Adjustment of Status (I-485), not consular processing.
Q18: Can I travel internationally if I change jobs?
✔️ If on H-1B, you can travel as long as you have a valid visa stamp.
✔️ If using EAD/AP, ensure Advance Parole is valid before traveling.
Why You Should Consult Attorney Richard Herman for Job Change After I-140 Approval
Navigating the complex rules surrounding job changes after I-140 approval can be stressful and overwhelming. A wrong step could lead to delays, loss of immigration benefits, or even starting over in the green card process. That’s why working with an experienced immigration attorney like Richard Herman at Herman Legal Group is crucial to ensuring a smooth and successful transition.
Why Choose Attorney Richard Herman?
🔹 Over 25 Years of Experience in U.S. Immigration Law – Richard Herman has successfully helped thousands of professionals, executives, and skilled workers with employment-based immigration.
🔹 Expert Guidance on AC21 Portability – Ensure your job change meets the “same or similar” job requirements to avoid issues with USCIS.
🔹 H-1B and I-140 Strategy Planning – Protect your work visa status and avoid gaps in employment.
🔹 Priority Date Retention & I-140 Portability – Maximize your immigration benefits and avoid unnecessary delays.
🔹 Handling Employer I-140 Withdrawals & RFEs – Get the right legal response to safeguard your case.
🔹 Personalized, One-on-One Legal Support – Unlike large firms, Richard Herman provides tailored legal solutions specific to your situation.
How to Contact Richard Herman at Herman Legal Group
📍 Office Locations: Serving clients nationwide in the U.S. and globally.
📞 Call: +1 (216) 696-6170
📧 Email: richard@lawfirm4immigrants.com
🌐 Website: Herman Legal Group
📅 Schedule a Consultation: Click here to book a consultation
If you’re considering a job change after I-140 approval, don’t risk making a costly mistake—contact Attorney Richard Herman today for the expert legal advice you need to protect your immigration future.
