It depends on where you are in the green card process. If you are somehow in the last stage, with a pending I-485 application, you do have job flexibility (known as portability). Short of that, the only way to get out of this awful loop is to pursue a self-sponsored EB1A green card, but the standard is high as you probably know.
Once you've applied for a green card and the PERM and I-140 has been approved and your I-485 has been pending for 180 days, you do have portability. You can leave your current employer, but you must find another position that is substantially similar.
Labor certification and I-140 processing used to be painfully slow. I waited 3.5 years just for my labor certification. However, the new PERM process is much quicker, so you'd probably only have to wait 1 or 2 years to be eligible for portability.
Thank you for the Q and A! I have an EB-1A sponsored by my employer, i-140 approved and it's been 180 days since my employer filed i-485 (still not approved). I have my EAD and AP in hand. Can I change jobs, lose jobs, etc with no fear of losing my green card?
I am a Canadian on an L1B visa. I'm in the middle of an employment-based green card process, currently waiting for a PERM application to be approved (filed Fall 2023).
I'm interested in starting a startup but am waiting on my green card process to be done.
Questions:
1. What are the other paths to a green card or visa if I don't want to wait for PERM (~6 more months) and the I-485 process (3 to 24 months?) to be done?
2. If and when my green card is approved, how soon can I leave my job and start a startup?
3. What happens if I am terminated from my job before the I-485 has been in review for 6 months (i.e. before portability)? Is my green card valid if my I-485 is approved after termination?
Regarding your first question, it's hard to say but my feeling is yes, that this can sometimes speed up the review and approval of the I-485 application. Regarding your second question, there's really no risk to leave right away as long as your green card was obtained in good faith. This is further supported by AC21 which allows the "porting" of green card applications after 6 months.
I'd need to review the filed applications to advise but as a general rule, after an I-140 is approved and the I-485 has been pending for 180 days, the applicant can port his or her green card application to another company or even to another position or location within the same company - as long as the applicant continues to work in his or her occupation.
I'd love to move, but getting a green card is a nightmare.
I don't want to work for 5 years trapped with one employer and facing deportation with a matter of weeks if I lose my job, on an L-1 visa (and to do that I'd still have to find a position to move to in my company).
Are you sure this is the case AFTER I received the actual greencard? I thought I wouldn't even have to work technically (which of course I plan to do)
I understand this is the case while i485 is pending.
A green card application is tied to job responsibilities, role and job location. Switching to a new job location or accepting a new role (for example, switch from engineering to product management or for that matter other management positions) is hard. Such changes would usually require the whole green card to be restarted (LCA, hiring, cool-off period, PERM, I-140) and it easily takes more than a year and is stressful.
Based on your description, you seem to be on EAD or will qualify for one (Employment Authorization Document).
A person in the final stages of green card qualifies for AC21 (American Competitiveness in the Twenty-First Century Act of 2000)
Being on an EAD allows self employment provided that
a) It is a full time employment
b) Your new responsibilities are similar to the one original green card application.
I’m a software engineer who is currently on an H-1B. My employer sponsored me for an EB-2 green card and my application has been approved, but I’m still waiting for a decision on my application to register for permanent residence.
I want to leave my employer and do something completely different. Can I transfer my green card to another employer in a different field and position or should I stick it out in my current position until I receive my green card?
If I should stick it out, how long should I stay with my current employer after I receive my green card?
— Craving Change
Dear Craving,
As my dad (also an immigration lawyer) would always say, here is one of those classic lawyers’ answers: “It depends.” It’s so exciting when a company is willing to sponsor you for a green card, but things can change fast, especially in the Valley. The past couple of years has been a time of self-reflection and reassessment as many have reassessed their own careers and considered pivots. Thanks for reaching out and here’s an overview of some of the general options!
> if they have an I-485 application pending for six months and an approved I-140
That is related to a green card. And yes, employers typically try to file your I-140 under EB-3. This means that you need to wait 10+ years before your priority date becomes current. Once the PD is current, you can file your I-485. After another 6 months elapse, ONLY THEN can you invoke AC21. In effect, the employee is tied to the employer for 10+ years since companies only file for your green card after you spend ~6 years on H1B. The decision of EB-3 vs EB-2 (about 5 years shorter) lies with the employer. These two categories of green card cannot be self petitioned, only an employer can do it.
EDIT: So to summarize, the employee usually is first locked in during the 6 years on H1B, with the hope that the employer will apply for a green card (i.e. file the I-140).
Then, the employee is locked in for another 10 years, waiting for the PD to become current. And then, after 6 more months, the employee is finally free to change employers.
I don't understand how this isn't indentured servitude.
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