I-140, Concurrent Filing and Changing Jobs During the Green Card Process (AC21)

Immigration » Employment-based green cards » I-140, concurrent filing and AC21

After a labor certification is approved, the employer files Form I-140. What happens next depends on whether the priority date is current.

The I-140 petition

The employer shows the ability to pay the offered wage from the priority date, usually with tax returns, annual reports or audited financial statements.
The worker shows that he or she meets the job requirements.
USCIS approves the petition and the worker keeps the priority date.

Concurrent filing

If the priority date is current, a worker in the United States who is eligible to adjust status can file the I-485 together with the I-140. This can speed up work permits and travel documents. If the priority date is not current, the worker waits for it to become current, as shown in the monthly bulletin.

Work permits and travel while waiting

Once the I-485 is pending, the worker and family can apply for work permits and advance parole. See our guide to work permits and travel.

Changing jobs: AC21 portability

If the I-485 has been pending for at least 180 days, and the I-140 is approved or approvable, the worker may be able to move to a new job in the same or similar occupation without losing the case.
The worker or new employer files a form to confirm the new job offer.
Switching to a different type of work can break portability.
If the I-140 is still pending or the I-485 is not yet 180 days old, a job change carries more risk.

Employer withdrawal

After an I-140 has been approved for at least 180 days, the petition generally stays valid for certain purposes even if the employer withdraws it. This can help workers who lose a job.

Before you change jobs

Ask us to confirm which stage your case is in.
Compare the old and new job duties, wage and location.
Plan for the work visa that supports your stay.

Employment-based green cards guide

How our firm helps with employment-based green cards

We help the employer and the worker choose the best category and timing.
We guide the prevailing wage, the recruitment and the labor certification so the record stands up to an audit.
We prepare the I-140 and the green card application with the evidence USCIS expects.
We track your priority date and the Visa Bulletin for you.
We advise on job changes while the case is pending.

Situations we handle

Employer-sponsored workers on H-1B
Workers from backlogged countries
Employers facing PERM audits
Workers who want to change jobs mid-process

Why clients choose our firm

A Texas-licensed attorney serving immigration clients in all 50 states.
Russian-language service for clients and families.
Clear communication and updates through our client portal.
A full review of your history before anything is filed, so problems are caught early.
Organized filings and representation through interviews, requests for evidence and appeals.

Get help with employment-based green cards

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.