OfficialUSCIS — Adjustment of Status · Last verified
Priority dates, and what happens to yours when you change jobs
Your priority date is your place in the queue. An approved I-140 generally lets you keep it, and a pending I-485 can let you change employers without starting again.
What a priority date is
For employment-based categories that require a labour certification, your priority date is the date the Department of Labor accepted the PERM application. Where no labour certification is required, it is the date U.S. Citizenship and Immigration Services received the Form I-140. It is your place in the queue, and the monthly Visa Bulletin is how you find out whether the queue has reached you.
Source: USCIS — Adjustment of Status · in effect from 2000-10-17
Keeping your date when you move
Once an I-140 is approved, the priority date is generally retained for later petitions, including one filed by a different employer. That retention is lost if the approval is revoked for fraud, wilful misrepresentation, invalidation of the labour certification, or material error.
Source: USCIS — Adjustment of Status · in effect from 2000-10-17
Job portability with a pending I-485
If your Form I-485 has been pending for 180 days or more, section 204(j) of the Immigration and Nationality Act allows you to change to a new job in the same or a similar occupational classification without the underlying I-140 being invalidated. You report the change on Form I-485 Supplement J.
Source: USCIS — Adjustment of Status · in effect from 2000-10-17
Official
Frequently asked questions
- Do I lose my priority date if I change employers?
- Generally no, once the I-140 is approved. It is lost only if the approval is revoked for fraud, misrepresentation, invalidation of the labour certification, or material error.
- What does 'same or similar occupation' mean for porting?
- It refers to the occupational classification of the new job compared with the one in the original petition. You report the change on Form I-485 Supplement J so USCIS can assess it.