How Does an Approved I-140 Affect Employer Changes and Priority Date Retention?

For many people working in the United States 🇺🇸 on employment-based visas, the journey to a green card can be long and filled with questions about job changes, employer loyalty, and the impact of each step on their future. One of the most important milestones in this process is getting an approved I-140 petition. This approval not only brings you closer to permanent residency but also opens up important rights and options, especially when it comes to changing employers and keeping your green card priority date. Understanding these rules is essential for anyone who wants to make smart choices about their career and immigration future.

This guide explains in detail who qualifies for these benefits, the eligibility criteria, required documents, the application process, and practical tips for meeting all requirements. It also answers common concerns and provides examples to help you see how these rules work in real life.

Who Qualifies for I-140-Based Portability and Priority Date Retention

The main group who benefits from these rules are people in the employment-based green card process who have an approved I-140 petition. The I-140 is a form that your employer files with U.S. Citizenship and Immigration Services (USCIS) to show that you qualify for a green card based on your job. Once this petition is approved, you are officially in line for a green card, and you get a priority date—the date USCIS received your labor certification or I-140, depending on your category.

You may qualify for job change flexibility and priority date retention if:

• You have an approved I-140 petition in an employment-based category (such as EB-1, EB-2, or EB-3).
• You have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) based on that I-140.
• Your I-485 has been pending with USCIS for at least 180 days.
• The new job you want to take is in the same or similar occupational classification as the one listed in your approved I-140.

If you meet these conditions, you can usually change employers without losing your place in the green card line. This is possible because of a rule known as “job portability” under section 204(j) of the Immigration and Nationality Act (INA).

Detailed Eligibility Criteria with Examples

Let’s look at the specific requirements and what they mean in practice.

1. Approved I-140 Petition
   • You must have an I-140 petition that USCIS has approved. This means your employer has shown that you are qualified for the job and that the job meets all requirements.
   • Example: Maria, an engineer from India, has her I-140 approved in the EB-2 category. She is now waiting for her priority date to become current so she can get her green card.
2. Form I-485 Filed and Pending for 180 Days
   • You must have filed Form I-485, which is the application to adjust your status to permanent resident. This form can only be filed when your priority date is current.
   • The I-485 must be pending (not yet approved or denied) for at least 180 days.
   • Example: After waiting several years, Maria’s priority date becomes current. She files her I-485 on January 1. By July 1, her application has been pending for 180 days.
3. Same or Similar Occupational Classification
   • The new job you want to take must be in the same or a similar type of work as the job described in your approved I-140.
   • USCIS uses the Department of Labor’s Standard Occupational Classification (SOC) codes to decide if jobs are similar.
   • Example: Maria’s I-140 was for a “Mechanical Engineer.” She gets a job offer as a “Project Engineer” at another company. Both jobs fall under similar SOC codes, so she qualifies.
4. Filing Form I-485 Supplement J
   • To show USCIS that your new job is similar, you must file Form I-485 Supplement J. This form confirms the new job offer and provides details about the job duties and employer.
   • Example: Maria accepts the new job and files Supplement J with USCIS, showing that her new position matches her previous one.
5. No Revocation of I-140 After 180 Days
   • If your I-140 has been approved for at least 180 days, or your I-485 has been pending for 180 days, your old employer cannot cancel your I-140 in a way that affects your green card process.
   • Example: Maria’s old employer withdraws her I-140 after she has been with the new employer for 200 days. Her I-140 remains valid for her green card process.

Required Documentation

To take advantage of these rules, you need to gather and submit several important documents. Here’s what you’ll need:

• Approved I-140 Notice: The official approval notice (Form I-797) from USCIS showing your I-140 was approved.
• Form I-485 Receipt Notice: Proof that you filed your I-485 and the date it was received by USCIS.
• Form I-485 Supplement J: This form must be completed and signed by your new employer. You can find the official form and instructions here.
• Job Offer Letter: A letter from your new employer describing your job title, duties, salary, and start date.
• Evidence of Same or Similar Job: Documents that show your new job is similar to your old one. This can include job descriptions, SOC codes, and organizational charts.
• Proof of I-140 Approval for 180 Days: If your I-485 is not yet 180 days old, you may need to show that your I-140 was approved at least 180 days ago.

If you are changing jobs before your I-485 has been pending for 180 days, you will need:

• New PERM Labor Certification: Your new employer must file a new labor certification with the Department of Labor.
• New I-140 Petition: Your new employer must file a new I-140 petition with USCIS. The official form and instructions are available here.

Application Process Overview

The process for changing employers after I-140 approval and keeping your green card priority date involves several steps. Here’s a step-by-step guide:

Step 1: Confirm Your I-140 Approval and I-485 Status
– Make sure your I-140 is approved and that your I-485 has been pending for at least 180 days.
– Check your USCIS receipt notices for the exact dates.

Step 2: Find a Qualifying Job Offer
– The new job must be in the same or similar occupational classification as your old job.
– Compare job descriptions and SOC codes to make sure they match.

Step 3: File Form I-485 Supplement J
– Work with your new employer to complete Form I-485 Supplement J.
– Submit the form to USCIS as soon as you accept the new job.

Step 4: Notify USCIS of the Change
– USCIS will review your Supplement J and may ask for more information.
– If approved, your green card process continues without interruption.

Step 5: Monitor Withdrawal of I-140 by Previous Employer
– If your old employer withdraws your I-140 after 180 days, it does not affect your green card process.
– If withdrawal happens before 180 days, your I-485 may be denied, and you may lose your priority date unless you have a new approved I-140.

Step 6: If Changing Jobs Before 180 Days
– Your new employer must start the process from the beginning: file a new PERM labor certification and a new I-140.
– You may be able to keep your original priority date if the first I-140 was approved, but you must have a new approved I-140 to do so.

Step 7: Wait for USCIS Decision
– After submitting Supplement J, wait for USCIS to process your request.
– If everything is in order, your green card process continues with the new employer.

Practical Tips for Meeting Requirements

Changing jobs during the green card process can be stressful. Here are some practical tips to help you avoid problems and make the most of your approved I-140 and priority date:

• Keep All Documents: Save copies of your I-140 approval, I-485 receipt, job offer letters, and any correspondence with USCIS.
• Check Job Similarity Carefully: Use the Department of Labor’s SOC codes to compare your old and new jobs. If you’re unsure, consult an immigration attorney.
• Wait 180 Days If Possible: If you can, wait until your I-485 has been pending for 180 days before changing jobs. This gives you the strongest protection.
• File Supplement J Promptly: Don’t delay in submitting Supplement J when you change jobs. This keeps your case moving smoothly.
• Communicate with Employers: Let your old and new employers know about your immigration status and what is needed from them.
• Consult Legal Counsel: Immigration law is complex, and every case is different. A qualified attorney can help you avoid mistakes.
• Monitor USCIS Updates: Rules and procedures can change. Check the USCIS website for the latest information.

Common Concerns and Questions

What happens if my old employer withdraws my I-140 after I change jobs?
– If your I-140 was approved for at least 180 days or your I-485 has been pending for 180 days, the withdrawal does not affect your green card process. Your priority date is safe.

Can I change to a completely different job or field?
– No. The new job must be in the same or similar occupational classification. If you move to a very different job, you may have to start the green card process over.

What if my I-485 is denied after I change jobs?
– If your I-485 is denied for reasons unrelated to your job change (such as ineligibility or missing documents), you may lose your place in line unless you have another approved I-140.

Can my family members (spouse and children) stay in the U.S. if I change jobs?
– As long as your I-485 remains pending and you meet all requirements, your family’s applications are not affected by your job change.

What if my new employer is not willing to help with Supplement J?
– You must have a valid job offer from the new employer, and they must sign Supplement J. If they refuse, you cannot use portability.

Do I need to inform my old employer about my job change?
– You are not required to, but it is often a good idea to keep communication open, especially if you need their cooperation for any reason.

What if my priority date retrogresses after I file I-485?
– As long as your I-485 was filed when your priority date was current, you can still use portability even if the date moves backward later.

Changing Job Position Within the Same Employer

Sometimes, you may want to change your job title or duties while staying with the same employer. In this case:

• If the change is minor and the job remains in the same or similar occupational classification, you may not need to do anything.
• If the change is significant, your employer may need to file an I-140 amendment to update USCIS about your new job duties. The official form and instructions are available here.

Recent Policy Updates and USCIS Guidance

USCIS has made several updates in 2025 to clarify and improve the process:

• Streamlined Filing: In January 2025, USCIS made it easier to submit labor certifications electronically through the FLAG system. This does not change portability rules but helps with faster processing.
• Clarified Documentation: In June 2025, USCIS updated its policy manual to explain what documents are needed for job portability. The main rules remain the same.
• Reaffirmed Portability Rights: In July 2025, USCIS confirmed that once your I-140 has been approved for 180 days or your I-485 has been pending for 180 days, your employer cannot revoke your I-140 in a way that affects your green card process.

As reported by VisaVerge.com, these updates have given applicants more confidence and clarity about their rights when changing jobs during the green card process.

Background and Historical Context

The rules for job portability and priority date retention were created to help workers who face long waits for green cards. Before these rules, changing employers almost always meant starting the green card process over from the beginning. This was unfair to workers who had already waited years for their turn.

The 180-day rule was designed to balance the interests of employers and employees. It gives workers more freedom to change jobs after a certain point, while still protecting employers’ investment in the green card process.

Over the years, USCIS has made small changes to make the process smoother, but the main rules have stayed the same.

Future Outlook

As of mid-2025, no major changes to the portability rules are expected. USCIS is focused on making the process faster and easier, but the core rules about approved I-140 petitions, priority dates, and job changes remain stable. Stakeholders expect these protections to continue, with only minor updates to forms and procedures.

Official Resources and Contacts

For the most accurate and up-to-date information, use these official resources:

• USCIS Policy Manual Volume 6, Part F, Chapter 5 – Detailed rules on job portability and priority date retention
• Form I-485 Supplement J – Official form and instructions for job portability
• Form I-140 – Official form and instructions for immigrant petitions
• Department of Labor FLAG System – For labor certification processing

Actionable Takeaways

• If you have an approved I-140 and your I-485 has been pending for 180 days, you can change employers without losing your green card priority date, as long as the new job is similar.
• Always file Form I-485 Supplement J when changing jobs to keep your process on track.
• If you must change jobs before 180 days, be ready to start the process over with a new PERM and I-140, but you may still keep your original priority date if you get a new approved I-140.
• Keep careful records and consult official resources or an immigration attorney if you have questions.

By following these steps and understanding your rights, you can make informed choices about your career and immigration future in the United States 🇺🇸. For more details and updates, always check the USCIS official website and consult with trusted professionals.