Wondering if you get a new job after filing your green card application? This Beyond Border’s guide breaks down the rules, risks, and rights around job change after I-485 filing, with practical advice and USCIS tips to keep your green card process on track.
Your I-485 was just submitted. Excellent work! That's a significant positive step. However, you have been offered a new job, or perhaps you simply wish to quit your current position. After filing your I-485, you want to know if changing jobs won't negatively impact your chances of receiving a green card.
You're not by yourself. This frequently occurs, particularly in tech or rapidly expanding industries where better offers are made fast. You can, but only if you abide by the guidelines. Everything you need to know about timing, risks, and maintaining compliance to keep your green card on track will be covered in this guide.
The I-485 is the last step in getting your green card. You can apply to replace a temporary visa holder (like an H-1B) and become a lawful permanent resident while you are still in the United States.
You can submit I-485 as soon as your employer's I-140 (green card application) is approved and your priority date is up to date. If you are applying under the EB-2 or EB-3 categories, this step is crucial. What is the reason? Because it has to do with the job offer you got.
People get scared when they hear “job change after I-485 filing” because of this. But don't worry; you have choices, and we'll make them all clear.
Yes, and this is where the AC21 law's green card portability comes into play. The American Competitiveness in the Twenty-First Century Act (AC21) lets you change jobs while your I-485 is still being processed. You just need to meet a few important requirements.
You have to:
1. Wait at least 180 days after you file I-485.
2. Get a job in the same or a similar field of work
If you check both boxes, your new job won't stop your green card process. Instead, Form I-485 portability says that this is a valid job change.
The first big rule is that you can't get a new job until your I-485 has been pending for at least 180 days. Why? Your old boss can cancel your I-140 petition at any time before the 180-day deadline. If that happens, USCIS will probably say no to your green card.
If you're thinking about quitting early, stop right now. Even if the new job is your dream job, leaving too soon could mean having to start the whole green card process over again. Not fun.
Tip: Count the days from when you got your I-485 receipt notice (Form I-797C), not when it was sent.
What happens if you leave before the 180-day mark? To be honest, it gets dangerous. If your current employer withdraws the I-140, your whole green card case could fall apart.
Why? The I-140 is the most important part of your green card case. If it is pulled too soon, there will be no more support for your I-485. Sadly, AC21 portability doesn't start until 180 days have passed.
If your new employer doesn't agree to keep the I-140 alive out of goodwill (which is rare but not impossible), you may have to start over with a new application. That means months or even years wasted.
Things get a lot easier after the 180-day mark. You can now use green card portability to move your case to a new employer as long as the new job is in the "same or similar occupation."
For instance, it's usually fine to go from "Software Developer" to "Senior Software Engineer." Going from engineering to marketing? Not really.
Your new employer must file Supplement J (Form I-485J) to make this official. This will confirm the job offer. It shows USCIS that the new job meets the requirements for portability.
Yes, particularly if they send you an RFE (Request for Evidence) or ask you to come in for an interview. It is therefore best to take action in advance. Send in a Supplement J as soon as possible if you have changed jobs since your last employment there. It demonstrates your integrity and dependability.
Although USCIS doesn't always ask, if they do and you're not prepared, it could cause delays or even cause you to have second thoughts. What must you do? Keep one step ahead of them. Save copies of your job offers, job descriptions, and any emails that highlight the similarities between the two positions.
In short, don't let USCIS find out the hard way.
If you follow the rules, it can happen, but it's not common. If you change jobs, USCIS may deny or take away your green card for the following reasons:
That being said, thousands of people successfully use AC21 every year. Before you make the move, talk to an immigration expert if you're not sure if your new job qualifies.
You're in a good place. Getting a job offer is not the same as changing jobs. Your green card process won't change until you actually quit your job and take the new one.
So, if it's been less than 180 days, just wait. Put it on your calendar. Make a plan for your exit. You can be more sure about taking the leap after that milestone.
Don't think that a verbal offer or "maybe" means anything to USCIS. They only care when the change is real and written down.
You got your green card! Well done! But here's something that not many people talk about: the "intent to work." USCIS thinks that when you got your green card, you really did want to work in the job you were sponsored for.
It may be a reason to be concerned if you leave within the first month or two. According to some, in order to prevent being accused of fraud, you should wait at least 6–12 months after receiving approval before making any significant changes.
However, if your circumstances change or your workplace becomes toxic, your health is also crucial. If someone asks you later, be ready to explain the move.
When you get a new job, you might have to move. So, remember this: You have ten days to tell USCIS about your new address after you move.Even if you don't move, changing jobs or mailing addresses can still affect the process of getting your green card.
To let the government know that your address has changed, fill out Form AR-11. This step is very important if you are waiting for a letter or an interview. You don't want to ghost USCIS, so make sure you do this.
After you send the update, make sure to keep a copy of it, like a screenshot or a confirmation email.
We suggest the following, but every case is different:
And don't worry, this can be a lot to handle, but a lot of people do it every year. Just make sure you don't make the choice too quickly. Your job is important, but so is the way to get a permanent residency.
Changing jobs is a normal part of growing up. It's okay. But every move counts more when you're in the middle of getting a green card. The good news? If you know how to work with it, U.S. immigration law does allow for some flexibility.
Be smart about how you use the AC21 rule. Keep an eye on that timer for 180 days. Make sure your job details are in sync. And don't let fear stop you from moving forward; just be careful about how you do it.
Do you need help with questions about Supplement J or your green card? Contact Beyond Border for one-on-one help so you can get both your dream job and your green card.
