Approval of your I-140 petition is a major milestone, but it does not mean your green card will be issued right away. Depending on your country of birth and immigrant visa category, you may have a significant wait ahead of you before you can move to the final stage and apply for permanent residence.
This timing is determined by the U.S. Department of State’s monthly Visa Bulletin, which controls when immigrant visa numbers become available. For some, the wait is relatively short. For others, particularly those born in countries with high demand for immigrant visas, the wait can last many years. We know that kind of uncertainty is not easy, and we are here to help you understand where you stand.
If You Change Employers Before Filing Form I-485
If you change employers before you become eligible to file Form I-485, your approved I-140 generally cannot simply be transferred to your new employer. In most cases, your new employer will need to start a new green card sponsorship process, which may include obtaining a new labor certification and filing a new I-140 petition on your behalf.
The good news is that, under current USCIS policy, you can often keep the priority date from an I-140 petition that has been approved for at least 180 days, even if your original employer later withdraws the petition or goes out of business. Retaining your priority date preserves your place in line for a green card, which can be especially valuable if you are affected by visa backlogs.
If You Change Employers After Filing Form I-485
Once your Form I-485 has been pending for at least 180 days, you may have additional flexibility. In many cases, you can change employers without restarting your green card process, as long as your new position is in the same or a similar occupational classification as the one described in your approved I-140 petition.
Because determining whether a new position qualifies as “same or similar” can involve a detailed legal analysis, we recommend reaching out to us before making a move if you are considering a job change.
Every Case Is Different
Employment-based immigration rules are complex, and important exceptions and nuances may apply to your situation. The information above is a general overview and should not be considered legal advice. If you have questions about your specific circumstances, we encourage you to reach out to our office before making any decisions that could affect your immigration status or green card process.
Approval of your I-140 petition is a major milestone, but it does not mean your green card will be issued right away. Depending on your country of birth and immigrant visa category, you may have a significant wait ahead of you before you can move to the final stage and apply for permanent residence.
This timing is determined by the U.S. Department of State’s monthly Visa Bulletin, which controls when immigrant visa numbers become available. For some, the wait is relatively short. For others, particularly those born in countries with high demand for immigrant visas, the wait can last many years. We know that kind of uncertainty is not easy, and we are here to help you understand where you stand.
If You Change Employers Before Filing Form I-485
If you change employers before you become eligible to file Form I-485, your approved I-140 generally cannot simply be transferred to your new employer. In most cases, your new employer will need to start a new green card sponsorship process, which may include obtaining a new labor certification and filing a new I-140 petition on your behalf.
The good news is that, under current USCIS policy, you can often keep the priority date from an I-140 petition that has been approved for at least 180 days, even if your original employer later withdraws the petition or goes out of business. Retaining your priority date preserves your place in line for a green card, which can be especially valuable if you are affected by visa backlogs.
If You Change Employers After Filing Form I-485
Once your Form I-485 has been pending for at least 180 days, you may have additional flexibility. In many cases, you can change employers without restarting your green card process, as long as your new position is in the same or a similar occupational classification as the one described in your approved I-140 petition.
Because determining whether a new position qualifies as “same or similar” can involve a detailed legal analysis, we recommend reaching out to us before making a move if you are considering a job change.
Every Case Is Different
Employment-based immigration rules are complex, and important exceptions and nuances may apply to your situation. The information above is a general overview and should not be considered legal advice. If you have questions about your specific circumstances, we encourage you to reach out to our office before making any decisions that could affect your immigration status or green card process.