What Happens if My Employment Situation Changes While My Visa Application Is Pending?

If you are waiting for an H-1B transfer, adjustment of status, or another employment-based benefit, a job change can feel like a threat to all your efforts. Fortunately, U.S. immigration law offers several protections in such situations. Acting quickly can significantly impact your case. Always discuss your options promptly with our New York City immigration lawyer at Nuñez Law Firm.

H-1B Workers: Portability and the 60-Day Grace Period

If you are in H-1B status and your employment ends, you do not need to leave the U.S. immediately. Regulations provide a discretionary 60-day grace period, or until the end of the authorized validity period, whichever is shorter, to maintain your status. During this window, you can file a new H-1B petition, change status, or take other steps to preserve lawful presence. The grace period does not authorize work for a new employer; employment must be authorized by a properly filed H-1B change-of-employer petition.

If you are moving to a new H-1B employer rather than leaving the country, the portability rule allows you to begin working for that new employer without waiting for full approval. H-1B portability allows eligible workers to change employers and begin working for a new H-1B employer as soon as a nonfrivolous H-1B petition requesting an amendment or extension of status is properly filed with USCIS.

Adjustment of Status and the AC21 Portability Rule

For those who have filed an I-485 application to adjust status to lawful permanent residence based on employment, the American Competitiveness in the Twenty-First Century Act (AC21) provides critical flexibility. If you have a pending Form I-485 based on employment, you may be able to change your job or employer as long as the new job offer is in the same or a similar occupational classification as the job on which your I-140 petition was based, provided your I-485 has been pending for 180 days or more.

This is sometimes called “porting.” To exercise portability, you notify USCIS by filing Form I-485 Supplement J with information about your new employer and position. USCIS evaluates whether your new role aligns with the original job described in your labor certification or I-140, taking into account job duties, required skills, and Department of Labor standard occupational classifications.

If your adjustment of status application has been pending for fewer than 180 days when a job change occurs:

1. Note that AC21 portability will not apply.

2. Understand the underlying petition may not stay valid for a new job.

3. Consult with an immigration attorney before making any employment changes.

Employment Authorization While Pending

A key protection for adjustment of status applicants is the ability to apply for an Employment Authorization Document (EAD), allowing work for any employer for a limited time while the I-485 is pending. Applying for advance parole also enables international travel during this period.

Act Quickly and Consult Our New York City Immigration Attorney

Timing is everything in these situations. Filing delays, gaps in employment, or missteps in reporting a job change to USCIS can create complications that affect the outcome of a pending application. Every case turns on its specific facts and timing.

If your employment situation changes or might affect your visa or green card application, contact Nuñez Law Firm in Manhattan at 917-708-1072 or online for guidance.