Employment-based · Portability

Changing jobs during a green card case

2 min read

Many employment-based cases tie the green card to a specific job offer and employer. If you want to change employers while a case is in progress, whether and how you can do that depends on your stage (PERM, I-140, I-485) and current law. This page introduces AC21 portability at a high level.

What "AC21" usually refers to

The American Competitiveness in the Twenty-First Century Act and related provisions created rules that, in certain circumstances, allow someone with an approved immigrant petition to move to a new job without losing the priority date or the ability to finish adjustment of status, provided statutory conditions are met (including how long the I-140 has been approved and whether an adjustment application has been pending).

The details appear in the Immigration and Nationality Act and federal regulations; USCIS publishes policy guidance on how it adjudicates portability. Do not treat blog summaries (including this one) as authority for your filing.

A common pattern: I-485 pending

One frequently discussed scenario: Form I-140 has been approved and has been approved for at least a certain period, and Form I-485 has been pending for at least a certain period, and you move to a new job that is in the same or similar occupational classification as the job underlying the labor certification or I-140. USCIS describes how to notify the agency and what evidence may be required.

If you are not yet eligible for that portability path, changing employers may require a new PERM, a new I-140, or other strategy. Early PERM or I-140 stages are especially sensitive.

H-1B and job changes

H-1B status is employer-specific. A new employer typically files an H-1B petition (or transfer) for you. Portability for the green card and maintaining H-1B work authorization are separate questions; you need both to be lawful.

What to do before you give notice

Confirm your current stage: PERM filed? I-140 approved? I-485 filed?
Ask counsel whether your intended new role fits "same or similar" rules if you plan to rely on AC21.
Preserve copies of approval notices, priority date, and job descriptions.

Related on this site

For how PERM, I-140, and categories fit together before you reach portability, see H-1B to Green Card. For stage-based checklists while you wait, see Next steps.