If you’re navigating the U.S. immigration system, particularly in the employment-based green card process, you might be wondering about the flexibility you have after your I-140 petition is approved. Can you change jobs once your I-140 is approved? This is an important question for many foreign workers who may wish to pursue new opportunities without jeopardizing their immigration status. In this article, we’ll explore what it means to change jobs after I-140 approval and whether it’s possible without affecting your green card process.
What is I-140 Approval?
Before diving into the specifics of job changes, it’s important to understand what I-140 approval means. The I-140 is a petition for an immigrant worker, and it’s a crucial step in the employment-based green card process. Once approved, it demonstrates that the U.S. Citizenship and Immigration Services (USCIS) acknowledges your eligibility for permanent residency based on your employment in the U.S.
However, an approved I-140 doesn’t guarantee permanent residency yet. It only means that USCIS recognizes the employer-sponsored green card process as valid. But this brings up the essential question: Can you change jobs after I-140 approval without affecting your green card?
Can You Change Jobs After I-140 Approval?
The short answer is yes, but there are certain conditions and timeframes that come into play. Let’s break it down.
The 180-Day Rule: Portability Under AC21
Under the American Competitiveness in the Twenty-First Century Act (AC21), if your I-140 has been approved and your Adjustment of Status (I-485) application has been pending for at least 180 days, you may be able to change jobs without jeopardizing your green card application. This provision is known as “job portability.”
To qualify for job portability under AC21, you must meet the following criteria:
- I-140 Approval: Your I-140 must be approved.
- I-485 Pending: Your I-485 (Adjustment of Status) must have been pending for at least 180 days.
- New Job in the Same or Similar Occupation: The new job must be in the same or a similar occupational classification as the job described in your I-140 petition.
What Does “Same or Similar Occupation” Mean?
The requirement that your new job be in the “same or similar occupation” is key to understanding how job portability works. The job titles, job duties, and educational requirements of your new position must align with the role described in your I-140 petition. For example, if your I-140 petition was based on a software engineer position, switching to another software engineering role may qualify, but switching to a completely different field, such as marketing, could potentially cause issues.
Can You Change Jobs Before 180 Days?
If you’re considering a job change before your I-485 has been pending for 180 days, things become more complicated. If your I-140 is approved but you haven’t yet filed for your I-485, or your I-485 hasn’t been pending for 180 days, changing jobs may result in the denial of your green card application. This is because, in such a case, your employer’s sponsorship is still considered a crucial part of your green card process.
Therefore, unless you are eligible for job portability under the AC21 rule (180-day requirement), switching employers too soon could jeopardize your green card process.
The Role of Employer-Specific Sponsorship
It’s also important to note that an approved I-140 is employer-specific. This means that the approval was given based on your relationship with the employer who filed the I-140 petition. If you change jobs and your I-140 approval is employer-specific, the new employer would need to file a new I-140 petition for you.
However, under AC21 portability rules, this issue is less of a concern once your I-485 has been pending for 180 days. After that time, your green card process is “portable” to another employer, as long as the new role is in the same or similar occupation.
Potential Risks of Changing Jobs After I-140 Approval
While it’s possible to change jobs after your I-140 approval, there are risks involved that you should consider before making the switch. Some potential risks include:
- Job Portability Restrictions: Not all job changes are eligible for portability under AC21. If your new job doesn’t qualify as a “same or similar occupation,” you might be forced to restart the green card process with a new employer.
- I-140 Revocation: If your I-140 is employer-specific and you leave the sponsoring employer before your I-485 is approved, the I-140 may be revoked. This can delay or derail your green card process.
- Adjustment of Status Delays: Changing jobs, especially before the 180-day period, can cause delays in your Adjustment of Status application or even result in its denial.
What Happens If You Change Jobs After 180 Days?
If you meet the AC21 requirements and your I-485 has been pending for at least 180 days, you can change jobs without affecting your green card process, provided that your new job is in the same or similar occupation.
Once you change jobs, your new employer is not responsible for your green card process. However, they will need to work with you to ensure the new role meets the requirements for job portability. USCIS will consider your case based on your new employment, and if all criteria are met, your green card application should proceed without issue.
Conclusion: Is Changing Jobs After I-140 Approval a Good Idea?
Changing jobs after I-140 approval is possible, but it comes with some important conditions and potential risks. If your I-485 has been pending for at least 180 days, you may be able to take advantage of job portability under AC21 and switch to a new employer or role without jeopardizing your green card process. However, before making the switch, be sure to confirm that your new role is in the same or similar occupation, and consult with an immigration attorney to ensure that your job change doesn’t disrupt your green card journey.
Andre Cuevas provides career insights, job search strategies, and professional advice to help individuals navigate the job market and achieve their career goals.
