Navigating Job Changes After EB-1A Approval: Your Essential Guide

A question I often get asked is: "Can I change jobs after my EB-1A petition has been approved?"

First off, congratulations! If your EB-1A petition is approved, that's a significant milestone on your path to a green card. However, the ability to change jobs after this approval isn't a simple yes or no answer. It depends on several critical factors, primarily where you are in the overall green card process, who sponsored your petition, and your current nonimmigrant status.

Let's break down the different scenarios you might encounter.

Key Factors to Consider Before Making a Job Change

Before you make any decisions about changing employers, it's vital to understand the specific stage of your green card journey. Your options and potential risks hinge on:

• Where you are in the green card process: Have you only had your I-140 petition approved, or have you already filed your Adjustment of Status (I-485)?
• Who sponsored your EB-1A petition: Was it an employer-sponsored petition, or did you self-petition?
• Your current nonimmigrant status: This might influence how quickly you can make certain moves.

Scenario 1: Employer-Sponsored EB-1A with I-140 Approved, But No Adjustment of Status Yet

If your EB-1A I-140 petition was sponsored by an employer and has been approved, but you haven't yet filed your Adjustment of Status (Form I-485), you are in a delicate position if you want to change jobs.

While changing jobs doesn't invalidate your approved I-140 petition, it could compromise your ability to secure a green card through that petition. Here's why:

• The Petition is for a Future Job: Your employer-sponsored EB-1A petition is an offer for a future job. If you leave that company before filing your I-485, they likely won't want to proceed with your green card process.
• Burning the Bridge: Even if they initially express willingness to have you back, once you've left, your petitioning employer is under no obligation to re-engage with your case or provide the necessary documentation when it's time to finalize your green card.
• The Crucial I-485J Supplement: When you file your Adjustment of Status (I-485) based on an employer-sponsored I-140 (this applies to EB-1, EB-2, or EB-3 categories), you must also file Form I-485J. This supplement is a verification from the employer who sponsored your I-140, confirming that the job offer is still valid and the terms are the same. If you are no longer employed by them, or at least on good terms and welcome to return, they will not provide this form, effectively stopping your green card process.

Bottom line: If you haven't filed your I-485 yet, leaving your sponsoring employer before doing so makes it nearly impossible to obtain your green card through that specific petition (whether it's EB-1. EB-2 or EB-3). You would likely need a new employer to sponsor a new petition, or a self-sponsored petition.

Scenario 2: Employer-Sponsored EB-1, EB-2, or EB-3 with Adjustment of Status (I-485) Pending for 180+ Days (AC21 Portability)

This is where the rules become much more flexible, thanks to the American Competitiveness in the 21st Century Act (AC21).

If you have an employer-sponsored I-140 petition and you have filed your Adjustment of Status (I-485), and it has been pending for 180 days or more, you can move to a "same or similar" job.

What does "same or similar" mean?

• Within the Same Company: You could take a promotion, or move to a different office location within your current company.
• New Employer: You could move to a competitor doing a job that is substantively similar to the one described in your original I-140 petition.

Important Considerations for AC21 Portability:

• Job Duties: The new job's duties and responsibilities must be "same or similar" to the one offered in your original I-140 petition. This is critical.
• Updating USCIS with Address Changes: If you move residences, you must ensure USCIS has your correct mailing address. This prevents your green card or any official correspondence from being sent to an old address, which can cause significant delays or even lead to the denial of your case. Update your address with USCIS promptly using the online AR-11 form. But beware, a move could also impact which USCIS Field Office handles your I-485.

Understanding Form I-485J: Why It's Critical for Employer-Sponsored Green Cards

As mentioned, Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under AC21 (Supplement J), is indispensable for employer-sponsored green card applications.

• For New Filings: If you are filing your I-485 after your I-140 is approved, the employer must sign Form I-485J to confirm they are still offering you the job specified in the I-140 petition.
• For Portability (AC21): If you are porting your job offer under AC21 (after 180 days of I-485 pendency), your new employer will sign a new Form I-485J for you, confirming the new job is "same or similar" to the original I-140 offer.

Scenario 3: Changing Jobs After Receiving Your Green Card

Once you have officially received your green card, you become a Lawful Permanent Resident (LPR). At this point, how long do you have to stay with the employer who sponsored your green card?

There is no specific number of days or duration stated in immigration law regarding how long you must remain with the sponsoring employer after receiving your green card. You are generally free to change jobs, pursue new opportunities, or even start your own business.

However, there's a critical caveat: intent.

• Avoid the Appearance of Fraud: USCIS wants to ensure that when you obtained your green card based on that future job offer, your intent was genuine. If you immediately quit or pivot to a completely different job right after receiving your green card, it could raise questions about whether you genuinely intended to take that job in the first place, or if it was merely a "ruse" to gain entry to the U.S.
• Demonstrate Good Faith: While there's no magic number, it's generally advisable to remain with the sponsoring employer long enough to demonstrate that you followed through on the job offer and acted in good faith. In the current immigration climate, it's not advisable to mess around and try things that could lead to scrutiny.

Historically, USCIS doesn't routinely monitor your employment after you become an LPR. However, if there's any reason for suspicion, they could investigate.

My advice is to work in the sponsored position for a reasonable period after green card approval to clearly establish your genuine intent.

Navigating Your Options with Confidence

Changing jobs during your green card process, especially with an EB-1A petition, can be complex. Each scenario has its own rules, risks, and opportunities. Understanding these nuances is crucial to protecting your green card journey.

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