If you have an approved I-140 petition and are thinking about changing jobs or have already moved to a new employer, it’s important to know what happens to your I-140 approvals, your priority date, and your green card process. The rules can be confusing, but understanding the eligibility criteria, requirements, and possible pitfalls can help you make the right decisions for your immigration journey.
Can You Keep Your I-140 approval and priority date after Changing Employers?
Yes, you can usually keep your I-140 approval and priority date after changing employers, but only if you meet certain requirements. The main factors that decide if you qualify are how long your I-140 has been approved, whether your employer withdraws the petition, and if your new job is similar to the old one.
Let’s break down the eligibility rules step by step.
1. Retention of Priority Date
What is a priority date?
A priority date is your “place in line” for a green card. It’s the date when your employer filed the PERM labor certification or, for some categories, when the I-140 was filed. This date is very important because it decides when you can apply for your green card.
Eligibility to keep your priority date:
– If your I-140 is approved, you can keep your priority date for future green card applications, even if you change employers.
– This means you don’t lose your spot in line, and you don’t have to start over if you move to a new company.
Example:
Maria’s I-140 was approved in March 2023. She leaves her employer in July 2024. Her new employer files a new I-140 for her in October 2024. Maria can use her original March 2023 priority date for her new green card process.
2. Employer Withdrawal and the 180-Day Rule
What happens if your old employer withdraws your I-140?
– If your employer withdraws the I-140 within 180 days of approval, you lose the approval and your priority date.
– If your I-140 has been approved for more than 180 days, or your I-485 (adjustment of status) has been pending for at least 180 days, you keep your approval and priority date even if the employer withdraws the petition.
Eligibility criteria:
– I-140 approved for at least 180 days, or
– I-485 pending for at least 180 days
Disqualifying factor:
– Employer withdraws I-140 before 180 days have passed since approval
Example:
John’s I-140 was approved on January 1, 2025. He leaves his job on March 1, 2025, and his employer withdraws the I-140 on March 15, 2025 (only about 70 days after approval). John loses his I-140 approval and priority date.
Alternative scenario:
If John had waited until July 1, 2025 (over 180 days after approval) to leave, and his employer withdrew the I-140 after that, he would keep his approval and priority date.
3. AC21 Portability (INA 204(j))
What is AC21 portability?
The American Competitiveness in the Twenty-First Century Act (AC21) allows you to change jobs or employers without starting your green card process over, as long as:
– Your Form I-485 has been pending for at least 180 days, and
– The new job is in the same or similar occupational classification as the job in your approved I-140
Eligibility criteria:
– I-485 pending for 180 days or more
– New job is in the same or similar field as the old job
– You file Form I-485 Supplement J to confirm the new job offer
Disqualifying factors:
– I-485 not yet filed or pending less than 180 days
– New job is in a completely different field
Example:
Priya’s I-485 has been pending for 200 days. She gets a job offer from another company for a similar software engineering role. She files Supplement J and can continue her green card process without starting over.
4. Changing Employers Before Filing I-485 or Before 180 Days
What if you change jobs before filing I-485 or before 180 days have passed?
– You are not eligible for AC21 portability.
– Your new employer must start a new PERM labor certification and I-140 petition for you, unless you qualify for a self-petition category.
Disqualifying factors:
– Leaving your employer before I-485 is filed or before 180 days have passed since filing
Alternative options:
– If you qualify for self-petition categories like EB-1A (extraordinary ability) or EB-2 NIW (National Interest Waiver), you can file your own I-140 without an employer.
Example:
Carlos leaves his job before his I-485 is filed. His new employer must start the green card process from the beginning. If Carlos qualifies for EB-2 NIW, he can file his own I-140.
5. H-1B Extensions Beyond Six Years
How does an approved I-140 affect H-1B extensions?
– An approved I-140 allows you to extend your H-1B status beyond the usual six-year limit.
– If your I-140 is withdrawn within 180 days of approval, you lose this benefit.
Eligibility criteria:
– I-140 approved for at least 180 days
Disqualifying factor:
– I-140 withdrawn before 180 days
Example:
Amit’s H-1B is about to reach six years. His I-140 was approved 200 days ago. He can extend his H-1B status with a new employer. If his I-140 had been withdrawn after only 100 days, he would not be able to extend.
6. Practical Steps to Protect Your I-140 Approval and Priority Date
To keep your I-140 approval and priority date when changing jobs:
– Wait at least 180 days after I-140 approval before leaving your employer.
– If your I-485 is filed, wait until it has been pending for 180 days.
– Make sure your new job is in the same or similar field.
– File Form I-485 Supplement J to confirm your new job offer.
– Keep records and documentation about your job duties and roles to show job similarity.
– If your I-140 is withdrawn or revoked, be ready for your new employer to start a new PERM and I-140.
– Maintain legal status during the transition, especially if you’re on H-1B.
7. Disqualifying Factors
You may lose your I-140 approval and priority date if:
– Your employer withdraws the I-140 within 180 days of approval
– You leave your employer before your I-140 is approved for 180 days or before your I-485 is pending for 180 days
– Your new job is not in the same or similar field
– You do not file Supplement J when required
8. Alternative Options If Not Eligible
If you do not meet the requirements to keep your I-140 approval and priority date:
– Start a new PERM and I-140 process with your new employer
– Consider self-petition categories like EB-1A or EB-2 NIW if you qualify
– Consult with an immigration attorney to explore other visa or green card options
9. How to Improve Your Chances
- Plan your job change carefully. Wait until you meet the 180-day rule before leaving.
- Keep detailed job descriptions and employment records to prove job similarity.
- File all required forms on time, especially Supplement J.
- Stay in touch with your old employer to know if they plan to withdraw your I-140.
- Stay informed about USCIS policy updates by checking the official USCIS website.
10. Recent Policy Updates and Official Guidance
- The 180-day rule and AC21 portability remain in effect as of 2025.
- No major changes to I-140 approvals, priority date retention, or employer withdrawal rules.
- Filing fees for related forms may change, but not the rules for I-140 validity.
- For the latest updates, always check the USCIS Policy Manual.
In summary:
If you have an approved I-140 and want to change employers, you can usually keep your I-140 approval and priority date if you wait at least 180 days after approval or after your I-485 has been pending for 180 days. Your new job must be in the same or similar field, and you must file Supplement J. If you leave too soon or your employer withdraws the I-140 early, you may lose your approval and priority date and have to start over. According to analysis by VisaVerge.com, careful planning and understanding the rules can help you keep your green card process on track even when changing jobs. Always check official USCIS resources and consider speaking with an immigration attorney for your specific situation.
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