I-140 Portability: Changing Jobs Under AC21

Updated 2026-10-214 min readNot legal advice in W X

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You can usually change jobs after I-140 approval and keep your priority date, if the I-140 has been approved for 180 days or more. Whether you also keep your green card case running depends on one more thing. Your I-485 must have been pending for 180 days.

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Two different protections

People often mix up two separate ideas. One protects your place in line. The other protects your pending green card application.

Priority date retention keeps your place in line. Job portability under INA 204(j) lets your I-485 continue with a new employer.

Rule 1: the I-140 180-day rule

Under 8 CFR 205.1, an employer's withdrawal does not automatically revoke an I-140 approved for 180 days or more.

The same goes if the employer's business closes 180 days or more after approval. The petition stays approved unless revoked on other grounds.

If the employer withdraws within 180 days of approval, USCIS automatically revokes it. The exception is if your I-485 has been pending 180 days or more.

Top H-1B transfer filers, 2025US Department of Labor data

Employer	Transfers	All filings	Median pay
Amazon.Com Services LLC	2,382	14,047	$155k
Meta Platforms Inc	1,437	5,492	$204k
Compunnel Software Group Inc	1,041	2,276	$110k
Nvidia Corporation	1,036	1,863	$187k
Apple Inc	916	6,539	$175k
Microsoft CorporationGC frozen	879	7,840	$173k

Every sponsor, with their open jobsSee the list ›

Rule 2: keeping your priority date

Under 8 CFR 204.5(e), an approved EB-1, EB-2 or EB-3 petition gives you its priority date for later petitions in those categories.

If you have several approved petitions, the earliest date applies. You cannot lose the date just because you changed employers.

You do lose it in a few cases. These include revocation for fraud or willful misrepresentation, or a finding that approval was a material error. It also happens if the labor certification is revoked or invalidated.

Rule 3: AC21 portability with a pending I-485

If your I-485 has been pending 180 days or more, you may move to a new job without a new I-140. USCIS Policy Manual sets these conditions.

Your I-140 is approved, or pending and later approved, and not substantively revoked.
The I-140 is in EB-1, EB-2 or EB-3.
Your I-485 has been pending 180 days or more when USCIS gets your request.
The new job is in the same or a similar occupational classification.
You file Form I-485 Supplement J for the new job.

What "same or similar" means

USCIS looks at whether the new job shares essential qualities with the old one. It weighs SOC codes, duties, titles, skills, education, licenses and wages.

No single factor decides it. A move from software engineer to engineering manager may need more explanation than a lateral move.

If USCIS finds the job is not similar, it denies Supplement J and the I-485.

Changing jobs after you get the green card

No law sets a minimum time you must stay with your sponsor after your green card is approved.

But an employer-sponsored green card rests on your intent to take the offered job. If you leave right away, USCIS may later ask, for example at naturalization, whether you really meant to take it.

Leaving is not unlawful by itself. Keep a record of why you left, and talk to an attorney if you plan to leave soon after approval.

If your I-485 is not yet pending 180 days

Then portability does not apply. Your new employer must file a new I-140, and for most EB-2 and EB-3 cases, a new PERM first.

Your old priority date can still carry over to that new I-140, if the old one stays valid under the rules above.

Your H-1B can move separately. You may start work for the new employer once it properly files a non-frivolous H-1B petition. See /h1b/h1b-transfer for how that works.

Laid off with an approved I-140

An approved I-140 does not give you status. It also does not lengthen the grace period after a layoff. That is up to 60 days, or until your I-94 ends if that comes first.

Here is what it can do. If it was approved 180 days or more before your employer withdraws it, it stays approved. A new employer can use its priority date and can extend your H-1B past six years with it.

It may also support a compelling circumstances work permit. You need an approved I-140, a priority date that is not yet current, and circumstances beyond an ordinary job loss, such as serious illness or employer retaliation. USCIS grants it for up to one year, and it is not a status.

If the I-140 was withdrawn within 180 days of approval, it is automatically revoked and gives you none of these benefits. See our 60-day grace period guide for your other options.

What happens to your spouse's H-4 EAD

An H-4 spouse can get an EAD on one of two grounds. Either you have an approved I-140, or your H-1B was extended past six years under AC21.

If you change jobs, your spouse's H-4 status goes with your H-1B. After your new petition is approved, your spouse usually files an H-4 extension to match your new dates. The EAD follows that status.

If your old employer withdraws the I-140 within 180 days of approval, it is revoked and can no longer support the EAD.

If the withdrawal comes later, the I-140 stays approved for priority date and H-1B extension purposes. The rules do not clearly say it still supports an H-4 EAD. Many lawyers rely on an AC21 H-1B extension, or a new employer's I-140, for renewals. See our H-4 EAD guide.

A simple example

Say your I-140 was approved 10 months ago, and you have not filed an I-485 yet. Your old employer withdraws it after you leave.

Because it was approved more than 180 days before withdrawal, it is not automatically revoked. Your new employer files a new PERM and I-140.

Once the new I-140 is approved, it takes your earlier priority date. You keep your place in line.

Before you switch

Check whether the new employer can file PERM at all. As of October 2026, PERM filings are frozen for eight employers, including Microsoft, Infosys and TCS.

Our /h1b-sponsors page flags employers whose green card filings are frozen. Use /h1b-jobs to find roles at employers that filed H-1B petitions in 2025.

This article is general information, not legal advice. Confirm your situation with an immigration attorney before you act.

Questions

Does my new employer need to file a new PERM?

Not if your I-485 has been pending 180 days and you qualify for 204(j) portability. Otherwise, usually yes, but you can keep your old priority date.

What if my old employer withdraws my I-140?

If it was approved 180 days or more before withdrawal, it is not automatically revoked. It can still keep your priority date.

What form do I file to port my I-485?

Form I-485 Supplement J, describing the new job offer.

Can I use my old I-140 to extend H-1B past six years with a new employer?

Yes, under 8 CFR 214.2, the H-1B petitioner need not be the employer that filed the I-140, if you otherwise qualify.

Does an approved I-140 extend my 60-day grace period after a layoff?

No. The grace period is up to 60 days whatever your I-140 status. But an I-140 approved 180 days or more before withdrawal keeps your priority date and supports H-1B extensions with a new employer.

When can I change jobs under AC21?

Once your I-485 has been pending 180 days and your I-140 is approved, you can move to a same or similar job by filing Supplement J. Before that, you can still keep your priority date if your I-140 was approved 180 days or more before any withdrawal.

Does an I-140 withdrawal affect my spouse's H-4 EAD?

If it is withdrawn within 180 days of approval, it is revoked and cannot support the EAD. After 180 days the rules are less clear, so many lawyers rely on an AC21 H-1B extension instead.

Can I quit my job right after getting my green card?

No rule sets a minimum stay, and leaving is not unlawful in itself. But you must have intended to take the sponsored job, and leaving right away can raise questions later, such as at naturalization.