Green card applicants often ask if they are able to change employment while waiting for final approval. The answer is yes, if you follow established portability rules. Generally, if your I-485 application has been pending for 180 days or more, you are eligible to change jobs and continue your green card application. However, portability rules have pitfalls you must avoid, or your green card application can denied. In this article, learn the five key questions you need to get answered before making any change in employers.

1. Green card applicants often ask if they are able to change employment while waiting for
final approval. The answer is yes, if you follow established portability rules. Generally, if your
I-485 application has been pending for 180 days or more, you are eligible to change jobs
and continue your green card application. However, portability rules have pitfalls you must
avoid, or your green card application can be denied.
Here are five key questions you need to get answered before making any change in
employers.
1. Is my application dependent upon my employer?
If your green card category depends upon a job offer, then your application is dependent
upon your employer ("sponsor") and you must observe portability rules to avoid denial of
your green card application. Currently, the green card categories requiring a job offer and
subject to portability rules are EB-1 Outstanding Researcher, EB-1 Multinational Manager,
EB-2 and EB-3 workers based upon labor certification.
Green card applications based upon EB-1 Extraordinary Ability and EB-2 National Interest
Waiver do not require a job offer and do not fall under portability rules. Therefore, applicants
in these categories can change employers at any time so long as they continue to work in
the field of extraordinary ability or national interest, as applicable.
2. Has the I-140 petition been approved?
If your I-140 petition has been approved, then your chances of approval based upon
portability are better.
If you change positions after your I-485 has been pending for 180 days and your I-140 is
approved, then your green card can be approved, even if your sponsor cancels the I-140
petition. On the other hand, if you change positions while your I-140 petition is awaiting
approval, your sponsor's withdrawal of the I-140 petition will cause denial of your I-485
application.
Even if your sponsor does not withdraw the pending I-140 petition, the government could
deny the I-140 petition for other reasons. As a result, your I-485 application will be denied
even if it has been pending for 180 days.
To avoid these risks, wait until the I-140 is approved before changing positions.

2. 3. Has the I-485 application been pending for more than 180 days?
Even if your I-140 petition is approved, it's risky to leave your employment before the "safe
harbor" period starts.
Although the government cannot deny your I-485 application on the sole basis that you left
your employer before 180 days have passed, it can issue a request for evidence (RFE) to
determine whether the original offer of employment was bona fide. Your sponsor's support
could be necessary to respond to the RFE and its refusal to cooperate could mean denial of
your I-485 application.
Also, if your sponsor withdraws the approved the I-140 petition before the 180 days have
run, portability will not apply and your green card application will be denied.
To avoid these risks, wait until your I-485 application has processed for 180 days before
changing positions.
4. Is the new employment in the "same or similar" occupation?
To determine whether the new position is comparable to the sponsored position, the
government looks at the following factors and you should do the same:

3. 5. Will the new employer provide a supporting letter for your I-485 application?
The government usually requires an update on your employment status before approving
your I-485 application. Your new employer should provide a letter describing your new
position, including duties and responsibilities as well the salary of the position. Be sure the
new employer agrees to provide this letter before you change jobs.
Portability rules are complex. Contact a qualified immigration attorney to ensure a safe
transition to your new employment.
The information provided in this article is intended to help you understand basic issues
involved in the immigration process, and are offered only for general informational and
educational purposes. This information is not offered as, nor does it constitute legal advice
or legal opinions. You should not act or rely upon the information in this article without first
seeking the advice of an immigration attorney.
This information is provided as an educational service by Ann Massey
Badmus of Cowles & Thompson. If you have questions about complex
immigration rules that affect you, you are invited to call me at 214-672-2161
or send an email to abadmus@cowlesthompson.com. Visit
http://www.badmuslaw.com for more immigration information.