Can I Change Jobs After I-140 Approval? Understanding the 180-Day Rule for H-1B Workers

The rules for H-1B workers who want to change jobs after their I-140 approval have always been important, but recent updates from USCIS and the Department of Homeland Security (DHS) have clarified some key points. As of July 22, 2025, the 180-day rule remains central to this process, but there are new details and reminders that every H-1B worker should know. This update explains what has changed, who is affected, what steps you need to take, and what these changes mean for people with pending applications.

Summary of What Changed

The main rule—allowing H-1B workers to change jobs after their I-140 is approved and their I-485 (Adjustment of Status) has been pending for at least 180 days—has not changed. However, USCIS has issued new clarifications in 2025, especially about the paperwork and timing. The H-1B Modernization Final Rule (effective January 17, 2025) brought other changes to the H-1B program, but it did not change the 180-day rule for I-140 approved workers. Instead, it increased enforcement and made the process for H-1B petitions more efficient. The main updates are:

• USCIS reaffirmed that H-1B workers can use the 180-day rule to change jobs, as long as they follow the correct steps.
• Form I-485 Supplement J is required to confirm the new job offer and show that it is similar to the original job in the I-140 petition.
• Increased scrutiny: USCIS is now looking more closely at filings, so it is important to make sure all documents are accurate and complete.

Who Is Affected

These updates affect:

• H-1B workers with an approved I-140 petition who want to change jobs or employers while waiting for their green card.
• Employers who want to hire H-1B workers who are already in the green card process.
• Immigration attorneys and HR professionals who help with employment-based green card cases.
• Workers with pending I-485 applications who are considering a job change.

If you are in the green card process through employment and have an approved I-140, these rules apply to you. If you are an employer looking to hire someone in this situation, you also need to understand these requirements.

Effective Dates

• The H-1B Modernization Final Rule took effect on January 17, 2025.
• The 180-day rule and related job portability rules remain in effect as they have been, but the new clarifications and enforcement began in early 2025.
• All H-1B workers and employers should follow these updated procedures for any job changes or new filings after January 17, 2025.

Required Actions for H-1B Workers and Employers

If you are an H-1B worker with an approved I-140 and want to change jobs, here are the steps you need to follow:

1. Confirm Eligibility Under the 180-Day Rule
– Your I-140 petition must be approved.
– Your Form I-485 (Adjustment of Status) must have been pending for at least 180 days.
– The new job must be in the same or similar occupational classification as the job listed in your I-140.

2. Find a New Job in the Same or Similar Occupation
– The new job must closely match your original job duties and classification.
– Immigration attorneys recommend reviewing the job description and classification codes to make sure they are similar enough.

3. New Employer Files H-1B Petition
– The new employer must file a non-frivolous H-1B petition for you. This means the petition must be real and meet all requirements.
– You can start working for the new employer as soon as the new H-1B petition is filed (under H-1B portability rules) or after your I-485 has been pending for 180 days with an approved I-140 (under AC21 portability).

4. File Form I-485 Supplement J
– You must file Form I-485 Supplement J with USCIS. This form confirms your new job offer and shows that it is similar to your original job.
– Supplement J is required to keep your green card process moving forward after a job change.

5. Maintain H-1B Status and Monitor Your Priority Date
– Make sure you keep your H-1B status valid while your green card application is pending.
– Watch your priority date (the date your green card process started) to know when you can complete the process.

6. Understand Grace Periods and Extensions
– If you lose your job, you have a 60-day grace period to find a new employer or change your status. This is separate from the 180-day rule.
– If your I-140 is approved but your priority date is not current, you can extend your H-1B status in one-year increments beyond the usual six-year limit.

Implications for Pending Applications

If you already have a pending I-485 application and are thinking about changing jobs, these updates mean:

• You do not have to start the green card process over if you meet the 180-day rule and file Supplement J.
• You must make sure the new job is in the same or similar occupation, or your green card application could be denied.
• USCIS is now reviewing these cases more closely, so complete and accurate paperwork is more important than ever.
• If you do not file Supplement J or if your new job is too different from your original job, you risk losing your place in the green card line.

Detailed Explanation of the 180-Day Rule

The 180-day rule comes from the American Competitiveness in the Twenty-First Century Act (AC21). It allows H-1B workers to change jobs without losing their spot in the green card process, as long as:

• The I-140 is approved.
• The I-485 has been pending for at least 180 days.
• The new job is in the same or similar occupational classification.

This rule was created to help workers avoid being stuck with one employer for years while waiting for their green card. It gives workers more freedom and helps employers keep skilled workers in the United States 🇺🇸.

What Is “Same or Similar Occupational Classification”?

This is a key part of the rule. The new job must be close enough to your original job that USCIS considers them the same type of work. For example:

• If your I-140 was for a software engineer position, moving to another software engineer or IT manager job may qualify.
• If you move to a completely different field, like marketing or finance, it may not qualify.

USCIS looks at the job duties, skills, and classification codes to decide if the jobs are similar enough. If you are not sure, talk to an immigration attorney before making a move.

Role of Form I-485 Supplement J

Form I-485 Supplement J is the official form you must file to confirm your new job offer. It asks for details about the new job and how it matches your original job. USCIS uses this form to decide if you can keep your green card process going after a job change.

• You must file Supplement J after you change jobs, not before.
• If you do not file it, your green card application could be delayed or denied.
• The form is available on the USCIS website with instructions.

H-1B Portability and Extensions

The H-1B program allows workers to change employers without going through the lottery again if they already have H-1B status. The new employer must file a new H-1B petition, but you do not need to wait for approval to start working. This is called H-1B portability.

If your I-140 is approved but your green card is not ready because of visa backlogs, you can keep extending your H-1B status in one-year increments. This helps you stay in the United States 🇺🇸 legally while waiting for your green card.

Grace Periods

If you lose your job, you have a 60-day grace period to find a new employer or change your status. This is separate from the 180-day rule and is meant to give workers time to find a new job without falling out of status.

Recent Policy Developments

The H-1B Modernization Final Rule (effective January 17, 2025) made several changes to the H-1B program, such as faster processing and more enforcement. However, it did not change the 180-day rule for I-140 approved workers. USCIS has said they will keep the portability rule in place and continue to allow job changes after 180 days of pending I-485.

USCIS has also said they may issue more guidance about Supplement J filings and how they decide if jobs are similar enough. For now, the main rules remain the same, but workers and employers should watch for new updates later in 2025.

Expert Perspectives

• Immigration attorneys say it is very important to check that the new job matches the original job closely enough. If not, the green card process could be at risk.
• Employers like the flexibility to hire skilled workers who are already in the green card process, but they need to make sure all paperwork is filed correctly and on time.
• USCIS is now reviewing these cases more carefully, so mistakes or missing documents can lead to delays or denials.
• Workers have more freedom to change jobs, but they need to follow the rules closely to avoid problems.

Practical Guidance and Next Steps

If you are an H-1B worker with an approved I-140 and want to change jobs:

1. Check your I-140 and I-485 status: Make sure your I-140 is approved and your I-485 has been pending for at least 180 days.
2. Review the new job offer: Make sure the job duties and classification are similar to your original job.
3. Ask your new employer to file a new H-1B petition: You can start working as soon as the petition is filed.
4. File Form I-485 Supplement J: This is required to keep your green card process moving.
5. Keep your H-1B status valid: Do not let your status expire while waiting for your green card.
6. Consult an immigration attorney: If you are not sure about any step, get professional advice.

For employers:

• Make sure you understand the rules and file all required forms on time.
• Work with your HR team or legal counsel to review job descriptions and ensure compliance.

Official Resources

For more details and the latest updates, visit the USCIS H-1B Specialty Occupations page for official information on H-1B rules and green card processes. You can also find instructions for Form I-485 Supplement J on the USCIS website.

Summary Table: Key Points for H-1B Workers Changing Jobs After I-140 Approval

Conclusion and Takeaways

The 180-day rule remains a powerful tool for H-1B workers with approved I-140 petitions, giving them the freedom to change jobs without losing their place in the green card process. The main requirements are that the I-140 is approved, the I-485 has been pending for at least 180 days, and the new job is in the same or similar occupation. Filing Form I-485 Supplement J is now more important than ever, as USCIS is reviewing these cases more closely.

Employers and workers should stay up to date with the latest USCIS updates and consult with immigration attorneys when needed. As reported by VisaVerge.com, these rules are designed to help skilled workers stay in the United States 🇺🇸 and keep the green card process moving, even when changing jobs.

If you are planning a job change after I-140 approval, follow the steps above, use official resources, and seek professional help if you have questions. This will help you avoid delays and keep your green card application on track.

Learn Today

I-140 → Immigrant petition for alien worker, a step for employment-based green card approval.
I-485 → Application to adjust status to permanent resident within the United States.
180-day rule → Allows H-1B workers to change jobs after 180 days of I-485 pending with approved I-140.
Form I-485 Supplement J → Form confirming new job offer and its similarity to original I-140 position.
H-1B portability → Process allowing workers to change employers without new H-1B lottery, if requirements are met.

This Article in a Nutshell

H-1B workers with approved I-140 can change jobs if I-485 is pending 180 days, filing Form I-485 Supplement J. January 2025 rule modernizes H-1B processing, enforcing accuracy, but keeps job portability intact for green card candidates.
— By VisaVerge.com