Can I change employers during this process?

Once an Adjustment of Status application has been pending for 180 days with the USCIS, the green card may “vest” in employment-based cases (not other types) and the individual may be entitled to continue their green card case as long as they are the beneficiary of an approved I-140 Immigrant Petition and are still employed in the same or similar job or occupation, but not necessarily with the same employer. Although the USCIS has not issued regulations to describe implementation of this provision of law, the USCIS has provided written memorandum and liaison meetings answers to provide guidance on how they are currently interpreting this 180 day rule. The USCIS has stated that an approved employment-based Immigrant Petition will remain valid even if an individual changes jobs or locations as long as the Adjustment of Status application has been filed and it has remained unadjudicated for 180 days or more as measured from the Adjustment of Status Application receipt date. Please note that the provision of law is NOT available if Consular Processing is chosen.

 

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