Do not assume your case transfers, survives, or gives you work authorization automatically. Your next steps depend on whether the employer’s PERM application is still pending, a labor certification has been approved, an I-140 is pending or approved, or an I-485 has been pending for at least 180 days. Those stages trigger different rules and different clocks.
Immediately preserve your immigration records, record your employment end date, ask the sponsoring employer what it intends to do with the permanent job offer, and obtain advice from a qualified U.S. employment-based immigration attorney before starting work for another employer or relying on continued stay in the United States.
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Start by identifying the exact stage and every relevant date
“PERM pending” and “I-140 pending” are not interchangeable descriptions. Find the latest notice or filing for each stage and make a timeline. The date an I-140 was approved is not the same clock as the date an I-485 was filed, and neither is the date you lost your job.
| Stage when employment ends | What is tied to the original employer | Critical question | Immediate concern |
|---|---|---|---|
| PERM (ETA 9089) pending | The employer’s permanent, full-time job opportunity and its stated duties and minimum requirements | Will the employer keep the offered job open and continue the filing? | A new company generally cannot take over that PERM; its position is a different job opportunity. |
| PERM certified; I-140 not filed | The certified labor certification and the employer’s permanent offer | Was the certification issued less than 180 days ago, and will the employer file Form I-140? | The certification should be submitted with an I-140 within 180 days of certification. |
| I-140 pending | The petitioning employer, the sponsored position, and the evidence supporting the petition | Has USCIS received it, and will the employer continue to support it? | A pending I-140 is not an approved petition for the AC21 portability route. |
| I-140 approved; no I-485 pending 180 days | The approved petition may still be affected by withdrawal timing or a later revocation | When was it approved, and when did the employer withdraw or stop supporting it? | The 180-day approval-age test is separate from the I-485 portability clock. |
| I-485 pending at least 180 days | The adjustment application and the approved underlying employment petition | Is the new job genuinely in the same or similar occupational classification? | AC21 portability may be available if all requirements, including an available job offer, are met. |
Collect the PERM filing and certification, I-140 receipt and approval notices, I-485 receipt, any withdrawal or revocation notice, your I-94, visa documents, employment authorization document (EAD), and all employer communications. Write down the PERM certification date, I-140 receipt and approval dates, I-485 receipt date, last day worked, and any stated termination date.
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If your PERM application is still pending
The U.S. Department of Labor (DOL) describes PERM as labor certification for an employer’s permanent, full-time job opportunity. The employer—not the employee—is responsible for filing, and the employer defines the position’s actual duties and minimum requirements. Because the case is built around that specific opportunity, a pending ETA 9089 is not an employee-owned application that can simply be moved to another company.
Ask the sponsoring employer three direct questions
- Does the permanent job offer remain open on the same terms, including duties, location, hours, and minimum requirements?
- Will the company continue responding to DOL requests and pursue the case?
- Has the company already withdrawn the filing, ended the position, or told DOL that the opportunity is no longer available?
Obtain the answers in writing if possible. A layoff from the current role does not by itself establish that the permanent offer has ended, but it can create a serious factual issue. The employer and attorney must evaluate whether the offered job is still real and available and whether the company can still employ you in the sponsored role.
Do not treat a new job as a PERM transfer
A new employer’s position is a different job opportunity. In most situations it would need its own recruitment and labor-certification process, followed by an I-140 if the employer proceeds. Do not ask a new company to “continue” the old ETA 9089 or assume that changing the job title preserves the filing. Keep the old case records because they may document your history, but they do not substitute for a new employer’s case.
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If PERM was certified but the I-140 is not filed
DOL states that a certified labor certification should be submitted to USCIS with Form I-140 within 180 days of certification. Confirm the exact certification date and whether the employer actually filed the I-140. A certification that is approaching its 180-day deadline requires immediate action; the employer must decide whether it will file and continue offering the permanent position.
Questions to resolve before the 180-day deadline
- What is the certification date shown on the approved labor-certification document?
- Has USCIS issued an I-140 receipt number?
- Does the sponsoring employer still intend to employ you permanently in the certified position?
- Has the employer changed the role, worksite, salary structure, or minimum requirements?
- Will the employer’s attorney submit the I-140 before the certification expires?
If the employer will not file, a different employer generally cannot use that certification for its own position. A new sponsor normally starts a separate PERM process, unless a lawyer identifies a fact-specific alternative that does not depend on transferring the certified opportunity.
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If the I-140 is pending
An I-140 receipt means USCIS accepted the petition for processing; it does not mean the petition is approved. The petition remains connected to the employer, offered position, classification, and supporting evidence. Ask whether the employer will continue the petition, respond to a request for evidence, or withdraw it.
Do not describe a pending I-140 as an approved petition when evaluating AC21 portability. The USCIS-described portability route for adjustment applicants requires an approved covered employment petition and an I-485 that has been pending for at least 180 days, plus a qualifying new job offer. A pending PERM or pending I-140 alone does not satisfy those conditions.
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- Review the USCIS receipt notice for the service center, receipt date, classification, and petitioner.
- Watch for a request for evidence, notice of intent to deny, or other response deadline.
- Ask who will receive USCIS correspondence after your employment ends.
- Preserve proof of the offered position, including the job description and employer’s stated minimum requirements.
If the employer withdraws a pending petition, the effect on your immigration strategy depends on your category, any other pending filing, visa availability, and your nonimmigrant status. A lawyer should review the complete record rather than treating the withdrawal as either automatically harmless or automatically fatal.
If the I-140 was approved
An approved I-140 is a stronger position than a pending petition, but losing the sponsoring job still requires a timing analysis. USCIS materials distinguish the period measured from I-140 approval from the period measured from I-485 filing. Do not combine those two 180-day rules.
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Understand the approval-age clock
An employer’s withdrawal can have different consequences depending on whether the I-140 had been approved for at least 180 days. Withdrawal before that point may expose the petition to automatic-revocation rules, while an approved petition that has reached the relevant 180-day period is generally treated differently. Other revocation grounds can still apply, including problems with the petition or the underlying job offer. Your approval notice, withdrawal date, and any USCIS revocation notice are essential.
Check priority-date and visa-availability issues separately
An approved petition does not by itself grant permanent residence or authorize employment. Your category, country of chargeability, priority date, and visa availability determine whether an adjustment application can proceed. Ask counsel to verify whether the priority date can be retained and whether a new petition would be required; those outcomes depend on the actual notices and category, not merely on the fact that an I-140 was approved.
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USCIS describes AC21 portability for certain EB-1, EB-2, and EB-3 adjustment applicants. The general route requires all of the following:
- An approved, covered employment-based immigrant petition.
- An I-485 adjustment application that has been pending for 180 days or more.
- A bona fide new job offer that is in the same or similar occupational classification as the job in the approved petition.
- The worker’s continued eligibility to adjust, including an available immigrant visa and satisfaction of other case requirements.
The 180 days start from the I-485 filing or receipt date used for the adjustment case, not from the PERM filing, I-140 receipt, I-140 approval, or layoff date. Calculate the date from the I-485 evidence and have counsel confirm it.
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Compare the actual work, not just the title
For a same-or-similar analysis, preserve the new offer letter and a detailed description of duties, responsibilities, tools, required education, experience, and occupational classification. A matching title is not enough, and a different title does not automatically disqualify the job. The comparison should focus on the work and classification as a whole.
Make sure the offer is real and available
The new offer should be genuine, for ongoing employment, and available when required by the adjustment process. Keep evidence of the employer, worksite, compensation, duties, and start date. Do not begin work until your separate employment-authorization analysis confirms that you may do so.
Report the portability change correctly
AC21 portability is not an automatic transfer button. The adjustment applicant generally must notify USCIS through the procedure and form of evidence USCIS requires for the case, identifying the new employer and position. Follow the current USCIS instructions and attorney guidance; category-specific exceptions and procedural requirements may apply.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Status and work authorization are separate from the immigrant case
A PERM, I-140, or I-485 filing does not itself authorize employment after termination. Examine your current nonimmigrant classification and documents immediately:
- Read the I-94 “admit until” date and class of admission.
- Check the validity dates and conditions on the approval notice and visa documents.
- Check the EAD category and expiration date, if you have an EAD through an adjustment or another basis.
- Identify whether an employer filed, or must file, an extension or amendment of stay.
Under the current eCFR, an employer seeking to extend or amend a worker’s H-1B or other listed employment-based nonimmigrant stay must file Form I-129. The regulation, current through October 8, 2026 and last amended October 1, 2026, does not answer every consequence of a particular termination or any grace-period question. Do not assume you may remain in the United States or continue working simply because an immigrant petition is pending.
Get a status-specific answer before taking another job
Possible options and deadlines differ by classification and facts. Ask counsel to analyze any available grace period, change-of-employer filing, portability provision, EAD, pending extension, or change of status. Until that analysis is complete, avoid unauthorized employment and do not rely on an informal statement that your PERM or I-140 “protects” you.
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- Secure records. Download every immigration notice, the PERM certification or filing copy, I-94, EAD, passport and visa pages, pay records, offer letters, and termination communications.
- Build a date sheet. Record the last day worked, PERM certification date, I-140 receipt and approval dates, I-485 receipt date, any withdrawal date, and every response deadline.
- Contact the sponsor. Ask whether the permanent offer remains open and whether the company will continue, withdraw, or respond to the case.
- Protect correspondence. Confirm that you and counsel will receive USCIS or DOL notices and that the employer will forward anything addressed to the company.
- Screen a new offer. Compare actual duties and occupational classification, not only the title, and obtain a written offer with detailed responsibilities.
- Obtain individualized counsel. Request a written assessment of status, work authorization, I-140 withdrawal timing, AC21 eligibility, priority-date retention, visa availability, and new-employer options.
- Review dependents. Check each spouse’s or child’s status, I-94, EAD, and pending applications separately; their dates and eligibility may differ from yours.
Common mistakes that can damage an otherwise viable case
- Counting the wrong 180 days: the PERM-certification filing deadline, I-140 approval-age rule, and I-485 portability period are separate clocks.
- Assuming a pending I-140 is portable: the described AC21 route requires an approved petition and a qualifying I-485 timeline.
- Relying on a job title: same-or-similar analysis depends on the actual occupation and duties.
- Starting work immediately: immigrant filings do not automatically replace employment authorization or a valid nonimmigrant status.
- Ignoring the employer’s notices: withdrawal, revocation, or a missed response deadline can change the case.
- Using a new company’s role to “save” PERM: a different employer normally means a different job opportunity and a new process.
- Forgetting dependents: family members may have different expiration dates, categories, or employment authorization.
How to organize the decision with your attorney
Bring a one-page timeline and ask for answers to these seven questions:
- What is the current stage of each filing, and which notices control?
- Is the original permanent job offer still genuine and available?
- Has an I-140 been approved, and if so, has it passed the relevant 180-day approval period?
- Has the I-485 been pending for at least 180 days, measured from the correct filing date?
- Does the proposed new job match the old job in actual duties and occupational classification?
- Is an immigrant visa available in the category and priority-date line?
- What status and work-authorization document permits work now, and what filing is needed for the next employer?
Those answers determine whether the best course is preserving the original employer’s case, pursuing a new PERM and I-140, using AC21 portability, changing nonimmigrant status or employer, or departing and pursuing consular processing. None of those routes can be selected safely from the words “PERM pending” or “I-140 pending” alone.
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