Can You Change Jobs After I-140? AC21 Portability Explained

Many employment-based green card applicants worry that changing jobs will destroy years of waiting. In many cases, AC21 (the American Competitiveness in the Twenty-First Century Act) allows you to change employers after I-140 approval and still keep your place in line, as long as you follow some clear rules and timelines tied to your I-485 (Adjustment of Status) application.

When job changes are safest under AC21

The safest time to change jobs is when all three of these conditions are met:

• Your I-140 is approved or clearly approvable.
• Your I-485 has been pending for at least 180 days.
• Your new position is in the same or similar occupational classification as the job listed in your I-140.

When these three points are true, AC21 “portability” lets you move to a new employer without filing a new PERM labor certification or a new I-140. Instead, you and the new employer confirm the job change by filing Form I-485 Supplement J with USCIS.

USCIS explains this portability concept on its Green Card Portability page.

Keeping your priority date with a new employer

Your priority date is usually the date your PERM labor certification was filed, or if no PERM was needed, the date the I-140 was filed. That date controls when you can file I-485 based on the Visa Bulletin.

Key rules:

• If your I-140 is approved and you later move to a new employer who files a new PERM and new I-140, you normally keep your original priority date.
• If you changed jobs before filing I-485, your old I-140 cannot support portability, but the priority date can still be reused in the new petition.

This means your “place in the line” is protected in many job-change situations, even when you must restart the PERM/I-140 process.

Detailed eligibility for AC21 portability

To use AC21 portability for a job change, confirm all of the following:

1. Approved or approvable I-140
   Your I-140 must be approved, or at least strong enough that USCIS could approve it (for example, if a Request for Evidence is pending but the case is solid).

2. I-485 pending 180+ days
   Count 180 days from the date USCIS received your I-485. Before that point, if the employer withdraws the I-140, USCIS may deny your I-485.

3. Same or similar occupational classification
   USCIS looks at:

   • Job duties
   • Required skills and education
   • SOC code (Standard Occupational Classification) used in PERM and in the new job

   Titles can change. For example, a Software Engineer can often move to Senior Software Developer or Engineering Manager if core duties and skills are close.

4. New, valid job offer
   The new job must be permanent and full-time, just like the original green card job.

5. Timely Supplement J
   You must file Form I-485 Supplement J to tell USCIS about the new offer and confirm it meets AC21 rules.

Note: VisaVerge.com reports that many denials in this area come from weak Supplement J support, especially when job duties change too much or are not clearly explained.

Important: A strong, well-documented Supplement J is often the deciding factor in whether USCIS accepts a portability-based job change.

Documents to collect for an AC21 job change

Before leaving your current employer, try to collect the following documents and evidence:

• A full job description for the original green card role
• The PERM filing or at least the job duties, requirements, and SOC code
• Your I-140 approval notice (Form I-797)
• Recent pay stubs and W-2s showing you have been working in that field
• A detailed job offer letter from the new employer, including:
  • Title
  • Job duties
  • Salary
  • Work location
  • Reporting structure

These documents help show USCIS that the new job is in the same or similar classification and that the offer is real and long-term.

Quick-reference table: key documents

How to file Form I-485 Supplement J

Once you accept the new job, you and the new employer should:

1. Complete Form I-485 Supplement J.
2. Ensure the job description is detailed and closely matches the original role.
3. Attach supporting evidence (offer letter, organization chart, company information).
4. Mail it to the address listed in the USCIS instructions.

You do not need a new Form I-485 if you already filed one; Supplement J is attached to the pending I-485.

Risks when changing jobs too early

If your I-485 has not yet reached 180 days, a job change is risky:

• Your original employer can withdraw the I-140.
• USCIS may then deny your I-485 because there is no longer a valid job offer.
• You might still keep your priority date, but you would need a new PERM and Form I-140 from a new employer, and you’d lose the pending I-485.

If you must leave early because of layoff, company closure, or serious conflict, speak with an experienced immigration lawyer quickly to review your options.

Special notes for H-1B and L-1A workers

H-1B extensions beyond six years

• If your PERM or I-140 was filed at least 365 days before you hit the six-year H-1B limit, you may qualify for one-year H-1B extensions beyond six years, even if you change employers.
• If you already have an approved I-140, you may be able to get three-year H-1B extensions.

L-1A workers

• For L-1A managers and executives, portability is tighter.
• L-1A is tied to the same multinational group; changing employers usually requires changing to another status (commonly H-1B).
• The new employer will normally need to start a new PERM and new I-140.

The U.S. Department of Labor explains PERM basics on its PERM foreign labor certification page.

Practical tips before you accept a new offer

To protect your green card process, consider the following:

• Try to wait 180 days after I-485 filing before moving.
• Ask the new employer if they’re willing to support Supplement J and, if needed later, a new green card case.
• Compare job duties first, not just titles and salary. Small changes are fine; big shifts (e.g., from software engineer to pure sales) are risky for AC21.
• Keep copies of every filing and approval notice. Do not depend only on HR records.
• If your case is complex (layoffs, big duty changes, work from another state), consult a lawyer who focuses on employment-based immigration.

Key takeaway: Used carefully, AC21 lets many workers change jobs after I-140 approval without losing years of waiting. For those with a pending I-485 past the 180-day mark and a new role in the same or similar occupation, AC21 portability plus a well-prepared Supplement J filing can keep the green card process moving while careers grow.