Switch Jobs, Stay Compliant: Mastering I-485 Portability
Career moves shouldn’t derail your U.S. immigration journey. Whether you’re on an H-1B, STEM OPT, or an in-process green-card application, the wrong step can trigger unlawful-presence bars—or worse, denial of your adjustment case. Below, Souza Law PLLC maps out proven strategies to change jobs legally and keep your status airtight.
1. Know Your Current Status and Expiration
Print your latest I-94, EAD card (if any), and visa stamp. Confirm each document’s expiration date and class of admission. Many employees discover too late that their EAD expired 180 days ago, voiding automatic-extension rules. A 10-minute audit with our attorneys can avoid years of headache.
2. H-1B Portability vs. Amendment
Changing employers on H-1B generally requires a new petition. However, AC21 §106(c) allows you to start working for the new employer once USCIS receives the petition—no approval necessary. Remember:
- File within the current H-1B validity period
- Maintain payroll until the hand-off date
- Update the new LCA for remote work locations
3. I-485 Portability (The 180-Day Rule)
Filed an employment-based Adjustment of Status but still waiting on final approval? Under INA §204(j), you may change jobs if:
- Your I-485 has been pending ≥180 days, and
- The new role is “same or similar” to the original PERM-based job offer.
We draft detailed Supplement J support letters to prove role similarity—even when job titles differ—minimizing USCIS scrutiny.
4. L-1 to H-1B Change of Employer
L-1 transferees often face a ceiling on total stay (seven years). Transitioning to H-1B can reset the clock but must align with the annual cap—unless a cap-exempt nonprofit is involved. Early planning is essential; you can’t remain in the U.S. between statuses without bridge authorization.
5. Consequences of Unauthorized Employment
Even one day of unauthorized work can lead to:
- Revocation of pending I-485
- Three- or ten-year re-entry bars
- Difficulty naturalizing under “good moral character” grounds
We file nunc pro tunc reinstatement requests only as a last resort—prevention is far cheaper than cure.
6. Practical Timeline Checklist
- Secure written job offer → Day 0
- Souza Law PLLC files H-1B/LCA or Supplement J → Day 3–10
- Resignation notice to current employer → After USCIS receipt
- Start new role → Upon H-1B receipt or I-485 ≥ 180 days
7. Next Steps
Your career should grow—as should your immigration stability. Schedule a 30-minute Portability Consult or call (954) 372-7789 to safeguard your status today.