Can You Change Job After i140 Approval Before 180 Days? Expert Insights

After receiving i140 approval, most foreign nationals eagerly await their green card approval. However, circumstances may arise that necessitate a job change before the 180-day waiting period expires. This article explores the complexities of changing jobs after i140 approval before 180 days, providing valuable insights and guidance for navigating this potential hurdle.

Understanding the 180-Day Rule

Once i140 approval is granted, the beneficiary is typically required to remain in the employment of the petitioning employer for at least 180 days before filing for adjustment of status. This rule aims to prevent employers from abusing the i140 process and ensures that the beneficiary genuinely intends to work for the sponsoring organization.

Effective Strategies for Job Change

If a job change is unavoidable, it is crucial to proceed cautiously to minimize potential risks. Here are some effective strategies:

• Obtain a Release Letter: Request a written release letter from the petitioning employer, explicitly stating that they have no objection to your job change.
• File a New i140 Petition: If your new position is with a different employer, you will need to file a new i140 petition. Ensure that the new petition is approved before terminating employment with the original employer.
• Consult an Immigration Attorney: Seek professional legal guidance from an experienced immigration attorney who can assess your specific situation and advise on the best course of action.

Common Mistakes to Avoid

To prevent complications, avoid making these common mistakes:

• Quitting Your Job Without Notice: Abruptly quitting your job without following the proper procedures can jeopardize your i140 approval and green card eligibility.
• Failing to Obtain a Release Letter: Not obtaining a release letter from your petitioning employer can lead to disputes and potential legal complications.
• Filing a New i140 Petition Prematurely: Filing a new i140 petition before the original one is approved can increase the risk of denial for both petitions.

Success Stories

Numerous individuals have successfully changed jobs after i140 approval before 180 days by following the appropriate strategies. Here are a few examples:

• "I was able to switch jobs after i140 approval with the help of a release letter from my previous employer. The process was smooth, and my green card was approved without any issues." - John
• "I filed a new i140 petition after accepting a position with a different company. Thanks to the guidance of an immigration attorney, both petitions were approved." - Mary
• "I consulted an immigration attorney who advised me on the best approach to changing jobs before 180 days. I followed their advice and successfully obtained my green card." - Tom

Call to Action

If you are considering changing jobs after i140 approval before 180 days, it is imperative to seek professional guidance from an experienced immigration attorney. By understanding the implications, implementing effective strategies, and avoiding common pitfalls, you can increase your chances of successfully navigating this process and achieving your immigration goals.