Understanding I-140 Approval And Job Changes

Job change approved I-140 presents complex scenarios. Your approved I-140 petition belongs to your sponsoring employer. The petition proves you qualify for employment-based immigration. But it ties to that specific employer, job, and location.

Changing employers after I-140 approval doesn't automatically invalidate your immigration process. Important protections exist. I-140 approval job change rules vary dramatically depending on whether you filed I-485 yet.

Before I-485 filing, you cannot transfer your approved I-140 to new employer. The new employer must file completely new PERM and I-140. However, you can retain your original priority date. This matters enormously for applicants from backlogged countries.

After I-485 filing pending 180 days, AC21 portability applies. You can change employers without new PERM or I-140 if new job is same or similar. This represents fundamentally different scenario with different rules.

Beyond Border guides applicants through job change scenarios at various green card process stages protecting priority dates and immigration benefits.

Priority Date Retention Mechanism

Priority date retention job change allows porting your place in the visa queue. Your priority date establishes when you entered the green card line. Earlier priority dates move faster toward visa number availability.

When changing employers after I-140 approval but before I-485 filing, you lose the approved I-140. But you keep the priority date. Your new employer must file fresh PERM and I-140. Request priority date porting in the new I-140 petition.

Include documentation proving your original I-140 approval. Provide I-797 approval notice showing priority date. The new petition includes cover letter requesting USCIS honor the earlier priority date. USCIS typically grants these requests when properly documented.

Priority date retention matters most for backlogged countries. Indian EB-2 applicants wait years. Maintaining April 2023 priority date versus getting December 2025 priority date means immediate I-485 eligibility versus years more waiting.

Upgrading from EB-3 to EB-2 works similarly. File new EB-2 I-140 with better qualifications. Request porting your EB-3 priority date. This accelerates processing since EB-2 backlogs typically move faster than EB-3.

Beyond Border structures priority date portability requests properly ensuring USCIS recognizes and honors earlier filing dates.

New Employer Requirements And Process

New employer approved I-140 filing starts from beginning. The new company must complete full PERM labor certification process. This includes prevailing wage determination, recruitment, and PERM application filing. Expect 12 to 18 months for PERM alone.

After PERM approval, new employer files I-140 petition. Provide same evidence proving you meet requirements for EB-2 or EB-3 classification. Advanced degree or exceptional ability for EB-2. Bachelor's degree plus 5 years experience or less for EB-3.

Request priority date retention in I-140 cover letter. Explain you have approved I-140 from previous employer. Provide approval notice copy. State priority date should carry forward to new petition. Include previous employer job details demonstrating similarity to new position.

Green card job change before I-485 requires strategic timing. Start new employer PERM process while still working for original sponsor if possible. This minimizes gap between I-140 approvals. Maintaining continuous valid nonimmigrant status throughout transition remains critical.

H-1B status complicates but doesn't prevent job changes. Transfer H-1B to new employer. Once new employer's I-140 approves, you regain H-1B extension eligibility beyond 6 years based on approved I-140. The 180-day protection applies once new I-140 approval occurs.

Beyond Border coordinates timing between employers helping execute job changes while protecting immigration status and green card progress.

I-140 Protections After 180 Days

I-140 approval job change rules include important protections once 180 days pass since approval. If your employer withdraws I-140 after 180 days, the approved petition remains valid for H-1B extension purposes. This protection applies even without I-485 filing.

These protections matter significantly. You can extend H-1B status beyond 6 years based on approved I-140 even if you change employers. The 180-day protection prevents your original employer from sabotaging your immigration process through withdrawal.

However, protection doesn't mean portability. You still need new PERM and I-140 from new employer. The protection simply preserves your ability to extend H-1B while new employer processing completes. Without this protection, changing jobs could force departure from US if new employer processing exceeds H-1B validity.

Document I-140 approval carefully. Keep I-797 approval notices in secure location. These prove your approved petition for future H-1B extensions and I-485 priority date portability. Original employers sometimes refuse providing copies after employment ends.

If original employer revokes I-140 before 180 days since approval and before I-485 filing pending 180 days, you lose significant protections. The revoked I-140 no longer supports H-1B extensions. Priority date remains but new petition must approve before benefits resume.

Beyond Border advises on optimal timing for job changes considering I-140 approval dates, H-1B validity periods, and new employer processing timelines.

Strategic Considerations For Job Changes

Changing jobs after I-140 works best under certain conditions. Ideal scenario involves substantial priority date backlog. If your priority date won't be current for 3 to 5 years anyway, time exists for new employer PERM and I-140 processing.

Calculate expected I-485 filing eligibility. Monitor Visa Bulletin movements for your category and country. If priority date likely remains backlogged 2 to 3 years minimum, new employer processing completes before visa numbers become available.

Consider career advancement opportunities. Sometimes better positions or compensation justify restarting green card process. Retaining priority date means not losing your place in queue. You simply need new employer to complete sponsorship before your number comes up.

Evaluate H-1B timing carefully. Ensure sufficient H-1B validity remains to cover new employer PERM and I-140 processing. If approaching 6-year H-1B limit with priority date years from current, job change becomes risky. Wait for I-485 filing eligibility if possible.

I-140 portability without I-485 means priority date portability only. You're not porting the petition itself. The distinction matters legally and strategically. Plan job changes understanding you'll restart sponsorship process while maintaining queue position.

Beyond Border evaluates career opportunities versus immigration implications helping applicants make informed decisions about job changes after I-140 approval.‍

Frequently Asked Questions

Can I change jobs immediately after I-140 approval? Yes, but new employer must file complete PERM and I-140 from scratch, though you retain your original priority date to maintain your place in the green card queue.

What happens to my I-140 if I leave my employer? Your original employer owns the I-140 and may withdraw it, but if 180 days passed since approval the withdrawal doesn't prevent H-1B extensions based on approved I-140.

Does changing employers restart my green card process completely? New employer must file new PERM and I-140, but you keep your original priority date which maintains your place in line for visa number availability.

Can I work for new employer while I-140 is pending? Yes, transfer your H-1B to the new employer which allows immediate work while new employer's PERM and I-140 process, maintaining continuous legal status throughout.

How long does new employer green card process take? New employer PERM processing takes 16 to 18 months, then I-140 processing adds 6 to 12 months, totaling approximately 2 to 3 years for complete process.