Can You Change Employers During a Pending PERM or I-140?

The role of PERM and I-140

• PERM and I-140 establish the job-based path to a green card.
• A change in employer can affect the validity of those filings.
• Your options depend on case stage and classification.

H-1B portability basics

• H-1B holders can often transfer to a new employer with a new petition.
• Portability lets you begin work upon filing in many cases.
• Maintaining status and documentation is essential.

What happens to a pending PERM

• PERM is employer-specific and generally cannot be transferred.
• A new employer typically must start a new PERM process.
• Strategic timing can reduce delays in the overall green card timeline.

I-140 and AC21 considerations

• If the I-140 is approved and the I-485 has been pending 180+ days, portability may apply.
• Job duties must be the same or similar under AC21 rules.
• Careful documentation of job similarity is important.

Best practices before moving

• Review your case stage with counsel before accepting a new offer.
• Gather key records such as LC, I-140, and approval notices.
• Plan for timing gaps and keep your status valid.