Losing your job after your I-140 approval can feel overwhelming, especially when you’re unsure about your next steps to stay in the United States 🇺🇸 legally. As of July 22, 2025, several important rules and options remain available for people in this situation. This update explains what has changed, who is affected, what actions you need to take, and what these changes mean for pending applications. The goal is to help you understand your choices and take the right steps during this critical time.
Summary of What Changed

The main rules for people who lose their jobs after I-140 approval have not changed in 2025, even though President Trump’s administration has made some immigration policies stricter in other areas. The 60-day grace period for H-1B visa holders, the ability to change status, and the job portability rules under INA § 204(j) are still in place. The option to apply for an EAD (work permit) based on “compelling circumstances” after I-140 approval also remains available. However, it’s more important than ever to act quickly and carefully, as enforcement of immigration laws has become stricter overall.
Who Is Affected
These updates mainly affect people who:
– Have an approved I-140 immigrant petition (employment-based green card step)
– Lose their job before getting their green card
– Are in the United States 🇺🇸 on a work visa, such as H-1B or L-1
– May or may not have filed Form I-485 (Adjustment of Status) yet
Family members, such as spouses and children, may also be affected, especially if they are on dependent visas.
Effective Dates
All the options and rules described here are current as of July 22, 2025. There have been no recent changes to the 60-day grace period, job portability, or priority date retention for I-140 approvals.
1. 60-Day Grace Period and Change of Status Options
If you lose your job while on an H-1B visa after your I-140 approval, you usually have a 60-day grace period to stay in the United States 🇺🇸 legally. This grace period starts on the day you lose your job. During these 60 days, you must take action to avoid falling out of status.
What you can do during the 60-day grace period:
– Find a new employer willing to sponsor you for H-1B or another work visa.
– Change your status to another visa type, such as:
– H-4 (if your spouse has H-1B status)
– L-2 (if your spouse has L-1 status)
– F-1 (student visa)
– B-2 (visitor visa)
Important notes:
– H and L visas allow “immigrant intent,” which means you can have plans to get a green card. This matches well with your I-140 approval.
– F-1 and B-2 visas do not allow immigrant intent. If you switch to these, you must show you plan to return to your home country after your stay. This can be tricky if you already have an I-140 approval, so it’s best to talk to an immigration attorney before choosing this path.
– If your spouse has an H-1B with an approved I-140, you may qualify for an H-4 EAD (work permit). L-2 dependents can work automatically without a separate EAD.
Required actions:
– Act within the 60-day grace period. If you do not change status, find a new employer, or leave the country within 60 days, you may fall out of status, which can hurt your future immigration plans.
– File the right forms for your new status. For example, to change status, you may need to file Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS.
Implications for pending applications:
– If you have already filed Form I-485 (Adjustment of Status), you may have more options (see next section).
– If you have not filed Form I-485, you must maintain valid status until you can file it.
2. Job Portability Under INA § 204(j) If I-485 Is Pending
If you have filed your I-485 Adjustment of Status application and it has been pending for 180 days or more, you may qualify for job portability under INA § 204(j). This means you can change jobs without losing your place in the green card process, as long as the new job is in the same or a similar field.
How job portability works:
– Your I-485 must have been pending for at least 180 days.
– The new job must be in the same or similar occupational classification as your original job.
– You must file Form I-485 Supplement J with USCIS to confirm the new job offer.
Who is affected:
– Anyone with a pending I-485 for 180 days or more after I-140 approval.
Required actions:
– Find a new job in the same or similar field.
– File Supplement J to notify USCIS of your new job.
Implications for pending applications:
– You can continue your green card process even after changing jobs.
– If your I-485 has not been pending for 180 days, you may lose your place in line if your employer withdraws the I-140.
3. I-140 EAD Based on Compelling Circumstances
USCIS allows certain people with an approved I-140 to apply for an Employment Authorization Document (EAD) if they face “compelling circumstances.” This is a temporary solution for people who lose their jobs and need to work while waiting for their green card.
Key points:
– The EAD is usually valid for one year and can be renewed if the compelling circumstances continue.
– You must show strong reasons, such as financial hardship, loss of health insurance, or other serious problems.
– This option is not available to everyone. You must meet strict eligibility rules.
Required actions:
– File Form I-765 (Application for Employment Authorization) with supporting documents that show your compelling circumstances.
– Include proof of your approved I-140 and evidence of your hardship.
Implications for pending applications:
– This EAD does not give you lawful status, but it does allow you to work while you sort out your next steps.
– You must still find a way to maintain or regain lawful status to eventually get your green card.
4. Priority Date Retention and New I-140 Petition
If your employer withdraws your I-140 petition or you lose your job before filing I-485, your I-140 approval can be revoked unless:
– The I-140 has been approved for more than 180 days, or
– The I-485 has been pending for 180 days or more.
If you are not eligible for job portability or if your I-140 is withdrawn early, you must find a new employer willing to file a new I-140 petition for you. The good news is that you can keep your original priority date from your first I-140. This is important because it keeps your place in line for a green card, which can save you years of waiting.
Required actions:
– Find a new employer who will sponsor you for a new I-140.
– Start the green card process again with the new employer, but use your old priority date.
Implications for pending applications:
– If your I-140 is withdrawn before 180 days, you may lose your green card spot and have to start over.
– If you keep your priority date, your wait time for a green card may be much shorter.
5. Other Visa Options and Practical Considerations
If you cannot find a new employer or do not qualify for the options above, you may consider other visa types:
- Switch to H-4 or L-2 dependent status if your spouse has a qualifying visa and an approved I-140. This allows you to stay in the United States 🇺🇸 and possibly work (with H-4 EAD or automatic L-2 work authorization).
- Apply for an F-1 student visa if you want to study. Be careful, as F-1 does not allow immigrant intent, and having an I-140 approval can make it harder to get this visa.
- Apply for a B-2 tourist visa for a short-term stay. This does not allow you to work and is not a long-term solution.
- Consult an immigration attorney immediately to discuss your situation and avoid falling out of status.
Required actions:
– File the correct forms to change your status before your grace period ends.
– Gather supporting documents for your new visa application.
Implications for pending applications:
– Some visa types may not allow you to stay on the path to a green card.
– Changing to a nonimmigrant visa with no immigrant intent (like F-1 or B-2) can be risky if you have an I-140 approval.
Recent Policy Context and Implications (2024-2025)
President Trump’s administration has made some immigration policies stricter, especially for undocumented immigrants and asylum seekers. However, the main rules for people with approved I-140 petitions have not changed. The 60-day grace period, job portability, and priority date retention are still in place. Legal challenges to some executive orders are ongoing, but as of mid-2025, the core employment-based immigration system remains the same.
What this means for you:
– You still have a 60-day grace period after job loss to take action.
– You can still use job portability if your I-485 has been pending for 180 days.
– You can still keep your priority date if you need to file a new I-140.
– You may still apply for an EAD based on compelling circumstances if you qualify.
Step-by-Step Practical Guidance After Job Loss Post I-140 Approval
- Check your current visa status and the date you lost your job. Write down the exact date, as your 60-day grace period starts from this day.
- Act quickly within the 60-day grace period. Decide if you will find a new employer, change status, or file for adjustment of status.
- If you have a pending I-485 for 180+ days, prepare to file Supplement J if you get a new job in the same or similar field.
- Consider applying for an I-140 EAD under compelling circumstances if you need to work during your transition.
- Talk to an immigration attorney to see if you can switch to a dependent visa (H-4, L-2) or another visa type.
- If you have no options, plan for departure or seek legal advice about other humanitarian or nonimmigrant visas.
Key Resources and Contacts
- USCIS Official Website: For forms, instructions, and the latest policy updates.
- Immigration Attorneys: Experts in employment-based immigration and I-140 issues.
- Legal Aid Organizations: Offer low-cost or free legal help.
- USCIS Customer Service: For questions about your case status or procedures.
Implications for Pending Applications
If you have a pending I-485, your options are better, especially if it has been pending for 180 days or more. You can use job portability to change jobs and keep your green card process going. If you have not filed I-485, you must keep valid status until you can file. If your I-140 is withdrawn before 180 days, you may lose your place in line and need to start over with a new employer.
What to do next:
– Stay organized. Keep copies of all job termination letters, visa documents, and application receipts.
– Act fast. The 60-day grace period goes by quickly.
– Get legal advice. Immigration rules are complex, and a mistake can have long-term effects.
Conclusion and Takeaways
Losing your job after I-140 approval is stressful, but you still have several options to stay in the United States 🇺🇸 legally. The most important things are to act within the 60-day grace period, know your eligibility for job portability or EAD, and get legal help if needed. The rules for I-140 approval, the 60-day grace period, and Change of Status remain in place as of July 2025, even with stricter immigration enforcement in other areas.
As reported by VisaVerge.com, staying informed and acting quickly are your best tools for protecting your immigration future. For more details and official forms, always check the USCIS website, which provides the most up-to-date and reliable information.
If you are unsure about your situation, consult a qualified immigration attorney right away. Taking the right steps now can help you stay on track for your green card and avoid problems down the road.
Learn Today
I-140 → A petition filed by employers to classify an alien worker for employment-based green card eligibility.
60-day grace period → A time frame after job loss during which H-1B visa holders must act to maintain legal status.
Job portability → The ability to change jobs without losing a green card process if I-485 has been pending over 180 days.
EAD (Employment Authorization Document) → A permit allowing noncitizens to work legally in the US temporarily under certain conditions.
Form I-485 → Application to adjust status to permanent resident (green card) within the United States.
This Article in a Nutshell
Losing your job post I-140 approval triggers a 60-day legal grace period to act. Job portability and EAD options help maintain immigration status. Staying informed and acting fast safeguard your green card process despite stricter enforcement’s challenges in 2025.
— By VisaVerge.com