Receiving a green card is one of the most exciting milestones for any immigrant. However, many individuals wonder how long they must remain with their sponsoring employer before changing jobs without facing penalties or risking their permanent residency status. This guide from Green Card Link explains the process of changing employment after green card approval, including important timelines, potential risks, and the most common scenarios you should understand before making a move.
Understanding USCIS Green Card Conditions
U.S. Citizenship and Immigration Services (USCIS) grants employment-based green cards under the assumption that the employee intends to accept the position on a permanent and indefinite basis. In immigration terms, “permanent” does not mean you must remain in the same job forever—it simply means that, at the time of approval, you genuinely intend to stay in that position without a set end date.
If it becomes clear that you plan to switch jobs just before your green card is approved, USCIS may question your intent and delay or deny your application. Remember, having an approved Form I-140 does not automatically guarantee green card approval. Changing your job before physically receiving your green card can create complications if not handled properly.
Once you have the actual green card in hand, however, you are generally free to change jobs without notifying USCIS.
Applicants under EB-1A (Extraordinary Ability) or EB-5 (Investor) categories do not require a specific job offer, meaning their green card is not tied to any particular employer or position.
How to Change Jobs After I-140 Approval
Step 1: Evaluate Your Situation
Before deciding to change jobs, it’s essential to evaluate your current stage in the process. The risks vary depending on whether you are:
- Changing your role within the same company, or
- Moving to a completely new employer.
Step 2: Changing Positions Within the Same Employer
If you remain with your current employer but experience only minor changes to your job title or duties, your employer may simply need to file an amended Form I-140. This helps ensure that USCIS has the most accurate and up-to-date information on your case.
Step 3: Changing Employers Altogether
Switching to a new employer requires more careful planning. Below is a breakdown of what to expect at each stage of the green card process:
Application Stage | Can You Change Jobs? | Reasoning |
Before I-140 Approval | ❌ Not recommended | You will lose your priority date. |
Before I-485 Filing | ⚠ Depends on the situation | Once approved, your priority date is locked in, but unless you qualify for self-sponsorship (EB-1A or EB-2 NIW), a new PERM and I-140 are required. |
Less Than 180 Days After I-485 Filing | ❌ Not recommended | Your previous employer can withdraw the I-140, which may lead to I-485 denial. |
180+ Days After I-485 Filing | ✅ Yes, under AC21 Portability | You may change jobs as long as the new role is in the same or similar occupational classification as your approved I-140 position. |
When changing employers at any stage after your I-140 approval, your new employer must:
- File a new Form I-140,
- Obtain a new PERM Labor Certification (if required for your green card category), and
- Conduct a new 60-day recruitment period.
This process means starting over with significant time and cost, as PERM processing can exceed a year. The new employer also faces potential audit risks.
Step 4: Retain Your Priority Date
One major advantage is that you can retain your original priority date. When filing the new petition, ensure that your employer requests to keep the same date from your prior I-140. This can save years of waiting and is essential to maintaining your place in line for permanent residency.
Priority date retention also allows you to “port” your green card to a new preference category. If you later become eligible for a higher category (for example, moving from EB-3 to EB-2), your new employer can file a new PERM and I-140 while keeping your original date.
Changing Green Card Categories After I-140 Approval
Many applicants use the portability rule to upgrade their green card from EB-3 to EB-2. This is especially beneficial for professionals who have gained more experience, received promotions, or accepted roles requiring advanced qualifications since their original filing.
Historically, EB-2 applications have moved faster than EB-3 for certain countries. Applicants may consider upgrading if they:
- Receive new job offers that qualify for a higher preference category,
- Gain additional experience or credentials, or
- Earn a higher salary reflecting increased job responsibilities.
If any of these situations apply, you may be eligible to port your green card from EB-3 to EB-2 to shorten your waiting time and expedite approval.
I-140 Portability: Upgrading from EB-3 to EB-2
Meeting eligibility criteria alone does not automatically transfer your status. To officially port from EB-3 to EB-2, your new employer must:
- File a new PERM Labor Certification,
- Submit a new I-140 petition, and
- Indicate on the form that you wish to retain your original priority date.
Although this is considered a new petition, retaining your priority date means you do not start from scratch.
Using an Approved I-140 to File an H-1B with a New Employer
Yes. You may use an approved I-140 to request an H-1B extension or change employers as long as the I-140 remains valid. This can allow you to extend H-1B status beyond the six-year maximum. However, if USCIS revokes the I-140, you will lose the ability to use it for future H-1B extensions.
H-1B Extension After I-140 Approval
If your I-140 petition is pending or approved, you may be eligible to extend your H-1B visa beyond the standard six-year limit and avoid being subject to the annual H-1B cap. The duration of your H-1B extension depends on the specific stage of your green card process.
When USCIS approves your I-140, you can request an H-1B extension of up to three years. However, if your I-140 is still pending, you may qualify for a one-year extension—as long as your PERM labor certification was filed at least 365 days ago. Without a filed PERM or I-140, your H-1B status cannot be extended beyond six years, and you must depart the United States once your maximum stay expires.
If your six-year limit is approaching and your I-140 remains pending, you may choose to upgrade to premium processing, ensuring a decision within 15 business days. This option helps you maintain lawful status while your case is adjudicated.
Job Change After Green Card Approval Under AC21
The American Competitiveness in the Twenty-First Century Act (AC21) allows employment flexibility for individuals whose I-485 adjustment of status applications are pending for extended periods. This provision helps foreign professionals continue their careers without disrupting their green card process.
Under AC21, your approved I-140 petition remains valid if:
- Your I-485 has been pending for at least 180 days (measured from the receipt date), and
- The new job is in the same or a similar occupational classification as the one listed in your I-140 petition.
According to USCIS:
A petition filed under subsection (a)(1)(F) for an individual whose application for adjustment of status has been pending for 180 days or more shall remain valid if the applicant changes jobs or employers, provided the new position is in the same or similar occupational classification as the original job.
If your I-485 is approved before the 180-day period, and you plan to change employers soon after approval, USCIS may examine whether you genuinely intended to work for your sponsoring employer when filing your petition. The longer you remain with your sponsoring employer after approval, the stronger your case will appear.
To assess your specific situation, immigration attorneys at Green Card Link can evaluate your employment details and advise you on safe job-change timing under AC21 guidelines.
Determining a “Same or Similar” Occupational Classification
USCIS reviews several factors to determine whether a new job qualifies as “same or similar” under AC21. Officers consider the totality of the evidence, including:
- Department of Labor’s Standard Occupational Classification (SOC) codes for both positions;
- Job duties, skills, and educational requirements;
- Experience, training, licenses, or certifications needed for each role;
- Wage levels for both positions; and
- Any other credible evidence submitted by the applicant.
Importantly, USCIS does not require an exact match of SOC codes. Instead, the agency focuses on the overall similarity in job functions and professional qualifications between the old and new positions.
The immigration attorneys at Green Card Link can help you analyze your SOC codes and employment documentation to ensure your transition meets USCIS standards and safeguards your immigration status.
Frequently Asked Questions (FAQs): Job Change After I-140 Approval
My I-140 is Approved. What Happens Next?
Once your I-140 Immigrant Petition for Alien Worker is approved, you can begin the process of applying for lawful permanent residency (LPR) in the United States. The next step depends on where you are located and how you wish to complete your green card process.
You have two main options:
- Consular Processing: Apply for your immigrant visa at the U.S. Embassy or Consulate in your home country and attend your interview abroad.
- Adjustment of Status (Form I-485): File your application within the United States to adjust from a temporary status (like H-1B) to permanent residency without leaving the country.
Can My Employer Revoke My I-140 After It’s Approved by USCIS?
Yes, your sponsoring employer can send a withdrawal notice to the U.S. Citizenship and Immigration Services (USCIS). However, whether USCIS revokes the I-140 petition depends largely on the timing of the withdrawal.
If your employer requests the withdrawal within 180 days of the I-140 approval date, USCIS will permit the revocation even after the petition has been approved. On the other hand, if more than 180 days have passed since approval, USCIS will generally not revoke the petition based solely on the employer’s request.
It’s important to note that employers can withdraw an I-140 petition at any time, and the online case status might show “withdrawn.” Still, if the 180-day period has elapsed and there are no concerns of fraud or misrepresentation, your I-140 approval remains valid for most purposes.
Can I Keep My Priority Date After the I-140 Is Withdrawn?
Yes, in most cases you can retain your priority date from an approved I-140 petition, even if your previous employer withdraws it. USCIS allows this priority date to carry over to a new I-140 filed on your behalf by a different employer.
However, if USCIS later determines that the original petition involved fraud, misrepresentation, or a material error, it can revoke the petition entirely. In that case, you would lose the priority date and need to start over with a new one.
Should I Notify USCIS When Changing Jobs?
If you plan to change jobs while your I-485 Adjustment of Status application is pending, you should notify USCIS under the AC-21 portability rule as soon as possible. Doing so helps prevent the denial of your application, even if your Form I-485 has been pending for over 180 days.
If your sponsoring employer requests revocation of the I-140 after your I-485 has been pending for more than 180 days and you haven’t notified USCIS about your job change, the agency may issue a Notice of Intent to Deny (NOID). Proactive communication with USCIS is crucial to protect your case.
Can My Spouse Apply for an H-4 EAD Based on My Approved I-140?
Yes, your H-4 dependent spouse can apply for an H-4 Employment Authorization Document (EAD) using your approved I-140. Even if your employer withdraws the I-140, your spouse may still qualify—as long as USCIS has not revoked the petition for fraud or misrepresentation.
How Long Should I Stay With My Employer After Getting a Green Card?
There’s no official rule dictating how long you must remain with your employer after green card approval. However, to demonstrate good faith, you should show that your original intent was to stay with the petitioning employer for a reasonable period.
Leaving too soon after approval—without valid justification or documentation—might suggest to USCIS that the employment offer wasn’t genuine. It’s best to consult an immigration attorney at Green Card Link before making any employment changes to assess potential risks. Many attorneys recommend waiting until you’ve received your green card before changing jobs.
Will Changing Jobs Affect My Naturalization Application?
While the AC-21 Act provides flexibility during the green card process, it doesn’t directly govern naturalization. However, abrupt or questionable job changes can raise concerns when you later apply for U.S. citizenship.
For instance, if you switch jobs shortly after obtaining your green card—or even before approval—and then apply for naturalization after five years, USCIS might question your employment history and intent. The agency will carefully review whether your actions aligned with good-faith employment under the original petition.
If USCIS determines that your job change wasn’t genuine, your naturalization (N-400) application could face challenges. Although your permanent residency remains valid after five years, it’s wise to consult with immigration attorneys at Green Card Link before changing jobs during this sensitive period.
Possible Consequences If Job Changes Are Mishandled
Changing employers too soon or without legal guidance can lead to complications in your immigration process. If both you and your employer genuinely intended to fulfill the I-140 employment terms at the time of filing, you are likely safe. However, drastic job changes or career shifts may trigger questions from USCIS during your future naturalization review.
To avoid delays or denials, seek professional advice from an immigration attorney at Green Card Link before making any employment transitions.
How Green Card Link Can Help
Navigating employment-based immigration can be complex—especially when changing jobs after I-140 approval. The immigration attorneys at Green Card Link have extensive experience helping individuals protect their I-140 validity, retain priority dates, and avoid pitfalls when switching employers.
Schedule a confidential consultation today to ensure your transition complies with all USCIS requirements and keeps your green card journey on track.