Quick wins for a faster PC:
Scan for outdated or missing drivers - takes under a minuteDriver Scan →Clear out junk files and repair common Windows errorsFree Scan →Sometimes, but not at every stage. A pending PERM labor-certification application belongs to the sponsoring employer and describes that employer’s specific job. It generally cannot be carried to a different company. After a qualifying employment-based Form I-485 adjustment application has been pending for at least 180 days, the American Competitiveness in the Twenty-First Century Act (AC21) may let an eligible applicant change employers or jobs if the new position is in the same or a similar occupational classification. That portability rule is separate from the person’s permission to work for the new employer under their current immigration status or employment authorization.
This is general information about U.S. employment-based immigration, not a determination of anyone’s status, work authorization, or eligibility. The result depends on the petition, adjustment filing, job duties, category, and current status.
As an Amazon Associate I earn from qualifying purchases.
What changes are possible at each stage?
| Stage | What generally happens if you move to another employer | Key rule |
|---|---|---|
| PERM pending | The pending labor-certification case normally stays tied to the sponsoring employer and job. A new employer generally starts its own process. | PERM is an employer’s case for a specific opportunity. |
| PERM certified, I-140 not filed | The employer must submit the certification with its Form I-140 within the certification’s validity period. Leaving does not create a portable case for the new employer. | The Department of Labor gives a certified PERM a 180-day window for that submission. |
| I-140 pending or approved, but I-485 pending less than 180 days | An approved immigrant petition by itself does not meet the AC21 portability threshold. A move may require a new employer-sponsored process, and work authorization must be analyzed separately. | USCIS describes portability around a qualifying I-485 pending for at least 180 days. |
| Qualifying I-485 pending 180 days or more | An eligible applicant may be able to change employers or jobs without a new labor certification for the portability move. | The new job must be in the same or a similar occupational classification, and category and petition requirements still apply. |
Can you switch jobs while your PERM is pending?
PERM is the Department of Labor’s permanent labor-certification process for an employer’s job opportunity. The employer obtains the certification and submits it to U.S. Citizenship and Immigration Services (USCIS) with an employment-based Form I-140. Because the application describes that employer’s position, a worker does not own a portable PERM application that can be assigned to another company.
What’s actually slowing this PC down?
Pick the symptom - the matching free tool is one click away.
If you leave before certification
A worker’s resignation is a separate employment decision; the immigration issue is what happens to the employer’s case. If you join another employer while the first PERM is still pending, the new company generally must begin its own labor-certification process for its own permanent position. The original employer may decide whether to continue, withdraw, or otherwise handle its filing, but the pending application does not simply follow the worker.
#1 Best Overall
- [Ultra-Lightweight Ear Buds Designed for Small Ears] Each earbud weighs only 3.7g and features a compact, ergonomic in-ear design made especially for small ears. Secure, low-profile, and comfortable for workouts, all-day wear or overnight sleeping.The ultra-slim profile sits flush in your ear with no hard edges poking or rubbing, so you can even sleep on your side without discomfort.
- [Immersive Stereo Sound with TOZO OrigX Technology] TOZO OrigX tuning delivers clear vocals, balanced mids, and natural stereo sound for music, podcasts, and videos.
- [Long Battery Life for Daily Use] Get up to 7 hours of playtime on a single charge, with up to 32 hours total using the charging case—ideal for workdays, commuting, and extended listening sessions.
- [Bluetooth 5.3 & Stable Connection] Bluetooth 5.3 provides fast pairing, stable wireless performance, and reduced dropouts as you move around home or office.
- [Deep Bass with Clear Vocals] High-performance drivers produce punchy bass while keeping vocals clean and detailed for everyday listening.
What the new employer normally has to do
The new employer ordinarily evaluates the position under its own sponsorship strategy, completes the required labor-certification process, and then files the related immigrant petition if the case proceeds. Timing, recruitment, job requirements, and the employee’s nonimmigrant status are separate questions that must be reviewed for the new position. Do not treat the existence of an earlier PERM filing as permission to skip the new employer’s required steps.
What if PERM is certified but the I-140 has not been filed?
A certified labor certification is not an unlimited document. The Department of Labor states that the employer must submit the certified certification to USCIS with Form I-140 within 180 days. That deadline concerns the employer’s use of the certification; it is not the AC21 job-portability period.
Leaving during the 180-day certification window
If you leave after certification but before the I-140 is filed, the original employer’s ability and willingness to file, and the consequences for any new sponsorship, depend on the actual case. A new employer should not assume it can file the old certification as its own. The certification identifies the sponsoring employer and the job for which labor certification was obtained.
Why the deadline matters
Missing the 180-day submission window can prevent the employer from using that certification for the I-140. It does not convert the certification into a worker-owned benefit, and it does not provide AC21 portability. Before changing jobs, obtain the filing date, certification date, and confirmation of whether an I-140 was submitted.
Rank #2
- 【IP68 Waterproof Multifunctinal Smart Watch】Torjalph fitness activity tracker smart watch is IP68 waterproof technology ,you can wear it when swimming,handwashing,it's rain-proof which means that you perform multiple exercise modes outside without worrying about sweat or rain corroding your fitness smart watch,and this watch equipped with a 230 mAh large capacity battery magnetic charging ,and this sports activity tracker watch can be used 5-7 days If fully charged.
- 【Larger 1.83'' Full Screen Watch & Multi-dial Selection】1.83 inch full HD color touch screen smart watch for men / women provides excellent 240*284 resolution image quality ,This Bluetooth smart watch offers a better touch experience and remarkable immersion and ,more than 200 watch faces for you to choose from App"Da Fit ", you can change the dial style according to your mood to wear keeping the world on your wrist
- 【Accurate Activity Tracker Smart Watch 】sports watch activity tracker uses sweat and dust resistant breathable silicone strap, our Fitness Tracker Smart Watch for Android iOS Phones supports 12 sports modes,walking,running,bicycle,swimming,badminton,basketball,football,rope skipping. This bluetooth calls smart watch for men women is lightweight and stylish, bringing more convenient and relaxing sports experience while also providing more protection.
- 【Your 24 Hour Personal Daily Health Monitor】Fitness watch for women men full touch screen IP67 waterproof bluetooth smartwatch for Android iOS Phones with heart rate blood pressure monitor multifunction Andriod smart watch with steps counter sleep monitor sports fitness watch, monitoring blood oxygen saturation allows you to understand your physical condition in real time to track fitness progress ,to know your health status in time.
- 【More Functions Bluetooth Call Smart Watch】This fitness activity smart watch full screen for iPhone and Android phones includes a bunch of new features including:The bluetooth smart watch can hang up the phone, receive and display WhatsAPP /Text /Facebook /Twitter /Messenger reminder.Support sedentary reminder, alarm clock, stopwatch, timer,weather information,music control, remote camera control compatible with Android 5.0 and above or iOS 9.0 and above smartphones.
Can you change employers after I-140 approval?
An approved I-140 is important evidence in an employment-based case, but approval alone is not the AC21 threshold described by USCIS. The portability provision is framed around a qualifying employment-based I-485 that has been pending for at least 180 days. If no qualifying I-485 has reached that period, do not assume the approved petition authorizes an immediate move to another sponsoring employer.
I-140 pending or approved with no qualifying 180-day I-485 period
Before the portability period is reached, a job change can affect the sponsorship strategy, the underlying job offer, and the ability of a new employer to continue the case. Whether a new employer must start a new PERM and I-140, whether an existing petition remains usable, and whether a priority date can be retained are fact-dependent. USCIS materials on petition withdrawal and revocation contain important distinctions and have changed over time, so an older summary should not be treated as a universal outcome.
Do not confuse the petition with permission to work
An immigrant petition or PERM filing does not by itself authorize employment for a new company. Your ability to start work depends on an independent basis, such as the terms of a current nonimmigrant status or an employment authorization document, and on whether that basis permits work for the particular employer. The green-card portability analysis cannot answer that work-authorization question.
How AC21 portability works after I-485 has been pending 180 days
USCIS describes AC21 portability for certain adjustment applicants in the employment-based first, second, and third preference categories. The applicant must have an approved employment-based immigrant petition, and the employment-based I-485 must have been pending for 180 days or more. The new job offer must be in the same or a similar occupational classification as the job in the original petition.
Rank #3
- [Low Noise High Fidelity] New bee guitar cord with 22AWG oxygen-free-copper center conductors provides enhanced signal transfer, the PVC insulation material and the high-density stranded copper double shield provide noise rejection for quiet operation
- [Ideal for Choice] New bee 1/4 straight and right angle metal connectors, ensures a secure connection in any instrument, pedal, or amp jack. L shape great fro on stage guitar stands
- [Wide Compatible] Suitable for mixer, power amplifier, microphone, effector, decoder, equalizer, electoronic organ, electric guitar, electric bass and other electronic equipments. Widely used in the installation of smart home, karaoke speaker, professional stage audio, etc
- [Easy Disassemble] Making incidental repairs quick and easy! Very nice, flexible cable
- [Dont Hesite to Order] 24 hours customer services and professional technology team are standing by
“The portability provisions of the American Competitiveness in the Twenty-First Century Act (AC21) allow certain adjustment applicants with approved employment-based immigrant visa petitions in the 1st, 2nd, and 3rd preference categories to change jobs and employers if the adjustment application has been pending for 180 days or more, provided that the applicant’s new job offer is in the same or similar occupational classification as the job for which the petition was initially filed.”
USCIS Policy Manual, Chapter 8, Transfer of Underlying Basis
What the 180-day period is measured from
The relevant period is the time the qualifying I-485 has been pending. An approved I-140 without a filed adjustment application does not start this clock. Count from the I-485 filing and verify the filing and receipt records before relying on a portability move.
Do these 3 things before closing this tab:
1Scan for outdated or missing drivers - takes under a minute2Repair Windows errors before they cause bigger problems3Fix the driver behind crashes, sound loss and screen glitchesWhat portability can avoid
When the requirements are met, AC21 can allow the applicant to change jobs or employers without having the new employer obtain a new labor certification solely for the portability move. It does not erase the requirement that the new position be same or similar, and it does not eliminate the need for an approved qualifying petition or an eligible employment-based category.
Rank #4
- Digital Family Calendar: BSIMB digital calendar wall touch screen puts an end to your chaotic life. Designed for busy families, the digital calendar keeps you organised and in step with your family. Assign different colours and tasks to each family member to make family scheduling easier and more intuitive.
- Easy Setup and Auto-Sync: Plug in, connect to WLAN and auto-syn your electric calendar in minutes. Digital wall calendar compatible with Google calendar, iCloud calendar, Outlook calendar, Cozi calendar and Yahoo calendar. Add events directly on the device or through the ecalendar app. Electronic calendar stays current whether you're at work or traveling—no manual updates needed.
- All-In-One Home Assistant: Smart calendar builds habits and encourage independence with personalised chores. Display daily meal plan to reduce the daily ‘What's for dinner?’ stress. To-do lists keep track of everything you want. Turning chores into valuable achievements with stars and rewards, making life easier and more enjoyable.
- Manage Anytime Anywhere: BSIMB electronic calendar for family stay connected with the powerful ecalendar app. Access and manage your digital wall calendar anytime, anywhere with free features like stars & rewards, photo screensaver, chore charts, meals plans, to-do lists etc. Electronic planner paid features like Magic Import tailor advanced tools for users with special needs.
- Stay in Touch with Loved Ones: Share photos or videos from your phone to electronic wall calendar with app, instantly update your life moment, and keep in touch with your family, especially those who are far away; you can also surprise your smart calendar digital wall by sending him a wish card; it's also great for keeping tech-illiterate elders in touch with the youngsters.
Categories that are not covered by this provision
USCIS identifies exclusions for applicants whose approved petitions are based on extraordinary ability or a national-interest waiver. National-interest-waiver physicians have separate rules. Those provisions should not be treated as interchangeable with the employer-sponsored PERM pathway.
Transferring the underlying basis is different
USCIS distinguishes invoking portability on the existing basis from transferring an adjustment application to a different employment-based category through a new I-140. If USCIS approves a transfer to a different category based on a new petition, the 180-day portability period for that new basis starts with the transfer request, according to the Policy Manual. A transfer therefore should not be described as if the original 180-day clock automatically carries over.
What does “same or similar job” mean for AC21?
The comparison is about the occupational classification and the actual job offer, not merely whether two titles look alike. A title can remain the same while the work changes substantially, and different titles can describe work in a similar classification. USCIS requires a fact-specific assessment of the new offer against the job for which the original petition was filed.
Recommended Free Tools
Questions to document before moving
- What occupational classification describes the original sponsored job?
- What classification and duties describe the proposed position?
- Does the new offer represent the same or a similar occupational classification when the two positions are compared as a whole?
- Can the employer and applicant provide consistent descriptions of both jobs if USCIS asks for clarification?
The available USCIS explanation establishes the same-or-similar classification test but does not provide a universal formula that makes every pair of jobs equivalent. Because seniority, duties, compensation, and career progression can vary from case to case, do not rely on a job title alone or assume that a promotion, lateral move, or change in industry automatically qualifies.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Can you keep your priority date after changing employers?
Priority-date retention and portability are related but different. USCIS states that priority dates generally are not transferable between petitions, while regulations allow retention of an earlier date in certain employment-based first, second, and third preference cases. Whether retention is available depends on the petition and the regulatory conditions.
Keeping an earlier priority date on a new employment-based petition does not transfer the old PERM application or the original I-140 itself. A new employer may need its own petition even when the applicant can preserve an earlier date. Confirm the dates, preference category, and petition history rather than treating priority-date retention as automatic.
How to decide what to do at your stage
Option 1: Remain with the sponsoring employer
Staying avoids interrupting the employer’s PERM and I-140 sequence. This may be the clearest route when PERM is pending or certified but the I-485 has not yet reached 180 days. It still requires monitoring filing deadlines, petition approvals, visa availability, and the conditions of your current work status.
Option 2: Have the new employer start its own sponsorship
If you must move before AC21 portability is available, the new employer generally evaluates a fresh PERM and I-140 strategy for its own job. Ask for a written timeline and identify what happens to the first employer’s case. A new sponsorship does not by itself guarantee preservation of the old priority date or uninterrupted work authorization.
Option 3: Use AC21 portability when eligible
After a qualifying I-485 has been pending at least 180 days, compare the new position with the original occupational classification and confirm that the petition and preference category fall within the rule. Keep the I-485 receipt, I-140 approval, original job description, and new offer available for the portability analysis. The new employer’s offer and your independent work authorization must both be addressed.
Quick Recap
Documents and dates to verify before resigning
- Obtain the PERM filing and certification dates, and determine whether the certification is still within the Department of Labor’s 180-day period for I-140 submission.
- Confirm whether an I-140 was filed, whether it was approved, and which employment-based preference category it uses.
- Locate the I-485 receipt notice and calculate whether the adjustment application has been pending for at least 180 days.
- Compare the original and proposed job descriptions by occupational classification and actual duties.
- Check whether the petition basis is one of the categories covered by AC21 portability rather than an excluded extraordinary-ability or national-interest-waiver case.
- Review the rules governing your current nonimmigrant status or employment authorization before setting a start date with the new employer.
- Ask whether a new petition could retain the earlier priority date under the applicable regulations; do not assume retention.
Common mistakes that create avoidable risk
- Assuming PERM belongs to the employee. It is the employer’s labor-certification case for a particular job.
- Treating I-140 approval as a free-standing work permit. Petition approval does not independently authorize work for a new company.
- Starting with a new employer before the 180-day I-485 period. AC21 portability is not available merely because an I-140 was approved.
- Relying on matching titles. USCIS focuses on same or similar occupational classification and the actual offer.
- Assuming every employment-based category qualifies. Extraordinary-ability and national-interest-waiver cases have exclusions or separate rules.
- Calling priority-date retention a transfer of the old case. Retaining a date, when allowed, is distinct from moving the original PERM or I-140.
- Using outdated withdrawal guidance as a guarantee. Petition withdrawal and revocation consequences depend on current policy and the case record.
When individualized legal review is warranted
Consult an employment-based immigration attorney before changing employers when the move would occur before 180 days of I-485 pendency, when the new role differs materially from the sponsored role, when the I-140 has been withdrawn or may be withdrawn, when the case involves a category exclusion, or when your work authorization depends on a status tied to the current employer. Bring the PERM and I-140 records, I-485 receipt, priority-date information, both job descriptions, and your current status and employment-authorization documents. A lawyer can evaluate the portability filing, the new employer’s sponsorship obligations, and the separate authority to begin work.
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
Free tools Windows power users keep installed
One-click scans. No signup required.
