Updated: Dec 2, 2022
Finally got your green card through your job after waiting many years? Don’t leave that employer that sponsored you without making sure you qualify for green card portability! When you file I-140’s and I-485’s through your employer, you are telling USCIS you are intending to work for that sponsoring employer when you get your green card. If you quickly quit that job upon receipt of the green card (without properly filing an I-485 supplement J while your green card is pending) you are risking your green card and your family’s green cards.
Some friends, colleagues and even attorneys are giving bad, risky advice so here’s the guidance that USCISfollows. USCIS regulations refer to the required intent to work at the offered position in the I-140 upon receipt of permanent residence here: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-245/section-245.25 and the USCIS policy manual states that the required I-485 supplement J form to switch to a same or similar job must be submitted while the I-485 is pending and has remained unadjudicated for 180 days: https://www.uscis.gov/policy-manual/volume-7-part-e-chapter-5#footnote-5
If you are considering switching jobs, consult with a reputable immigration attorney that does not represent your current employer. Don’t jeopardize your years of waiting.
The attorneys at Antonini & Cohen understand the stakes in fighting to seek and achieve the American Dream. Antonini & Cohen has been successfully representing immigrant clients for many years. Give us a call at (404) 850-9394 for assistance with any immigration issue you’re facing.