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A Microsoft layoff does not automatically cancel an employment-based green-card case. It can end the job offer supporting the case, prompt the employer to withdraw or maintain an I-140 petition, and put your temporary work status on a separate deadline. The result depends on whether you are at the PERM, I-140, or I-485 stage; whether the I-140 is approved and still valid; how long the I-485 has been pending; and whether a new job qualifies for portability.
There is no published Microsoft-specific policy that determines what will happen in an individual case. Use your termination notice, USCIS receipts and approval notices, I-94, EAD and travel documents, and written information from Microsoft’s immigration team to establish the facts before changing jobs or relying on a grace period.
Start with the stage of your case
PERM labor certification, the I-140 immigrant petition, and the I-485 adjustment application are separate steps. Losing the job affects each step differently. This table is an orientation; the exact dates and validity of your filings control.
| Case stage when employment ends | What the layoff can change | What you should not assume |
|---|---|---|
| PERM not filed or still pending | The employer’s specific job opportunity and sponsorship plan may stop. A new employer generally needs its own sponsorship assessment and labor-certification process. | That a pending PERM can simply be transferred to another employer. |
| PERM certified; I-140 not filed or pending | The certification supports the employer’s next filing but does not by itself create an approved immigrant petition or permanent-residence right. | That the old employer’s case can continue unchanged after the job ends. |
| I-140 approved; I-485 not filed | You may retain the priority date under USCIS rules in some withdrawal situations, but you do not yet have adjustment portability. | That an approved I-140 alone gives permanent residence, independent work authorization, or a right to port before an eligible I-485 is pending. |
| I-485 pending fewer than 180 days | The 180-day portability threshold has not been reached. A withdrawal or loss of the qualifying job can leave you needing a new employer petition. | That filing an I-485, or merely waiting, makes an unapproved or withdrawn petition portable. |
| I-485 pending at least 180 days | If the I-140 is approved and valid, and your category qualifies, you may be able to move to a same-or-similar job under INA 204(j). | That every employment-based category, job title, salary, or new employer automatically qualifies. |
The U.S. Department of Labor describes PERM as an employer process tied to a particular job opportunity and labor market. Its overview is available in the Permanent Labor Certification Employment Law Advisor.
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If your case is still at PERM
PERM not yet filed
A layoff before filing can end the sponsorship plan because there is no pending USCIS immigrant petition to preserve. The same employer could later decide to sponsor you again, but that would be a new employer decision and may require a new labor-certification process. Another employer cannot normally inherit Microsoft’s unfiled job opportunity.
PERM pending
A pending application remains tied to the sponsoring employer, its offered position, work location and recruitment process. If employment ends or the employer no longer intends to employ you in that position, ask whether the employer will withdraw or abandon the process and obtain the written status. Do not treat a certified or pending PERM as an approved green card.
PERM certified, I-140 not filed
Certification is evidence that the Department of Labor completed its labor-certification step. The employer must still file the I-140 with USCIS within the applicable validity period. If the job offer disappears before filing, obtain advice about whether the employer can still proceed and whether a different employer must begin its own process.
If the I-140 is pending or approved
I-140 pending when the job ends
An I-140 is an employer-filed immigrant petition. If the employer’s business terminates or the petition is not approvable, USCIS policy can prevent approval. A layoff notice does not tell you whether Microsoft will withdraw the filing, keep the offer open for immigration purposes, or pursue another arrangement. Request the petition’s current status and any withdrawal notice in writing.
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I-140 approved, but no I-485 filed
USCIS may allow retention of the approved petition’s priority date when the petition has been approved for at least 180 days and the employer later withdraws it, subject to the petition’s validity and any substantive revocation. Priority-date retention is not the same as an adjustment application. Without a qualifying pending I-485, you generally cannot use INA 204(j) job portability, and a new employer may need to file a new employment-based petition for you to pursue adjustment.
Keep the I-140 approval notice, priority date, immigrant category and any withdrawal or revocation correspondence. An approved petition does not itself grant lawful permanent residence or an independent right to work.
How the 180-day I-485 portability rule works
For certain EB-1, EB-2 and EB-3 adjustment applicants, an approved and valid I-140 plus an I-485 pending for at least 180 days can permit a move to a new job offer in the same or a similar occupational classification under INA 204(j). USCIS explains the framework in Chapter 8, Transfer of Underlying Basis and Chapter 5, Job Portability after Adjustment Filing and Other AC21 Provisions.
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Count the correct clock
Use the date USCIS received the I-485 shown on the receipt notice, not the date you mailed it or the date your I-140 was approved. The I-140 approval date is a separate clock relevant to petition retention. Save both dates and calculate 180 days for each. If the I-485 has not reached 180 days, do not represent a new position as portable without individualized legal advice.
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“Same or similar” is about the occupation, not the title
USCIS evaluates the offered position and the surrounding circumstances. Compare the actual duties, occupational classification, required skills, level of responsibility, work location and other evidence. A different title can still describe a similar occupation, while an identical title can conceal materially different work. A substantial wage difference may be considered, but USCIS guidance does not make a matching salary a formal prerequisite or guarantee.
Categories with special limits
Portability is not available to every employment-based category. USCIS identifies exclusions and different rules, including cases based on extraordinary ability and national-interest waivers. Confirm the preference category on your I-140 before relying on INA 204(j).
What an I-140 withdrawal or company closure can do
USCIS separates three questions: when the I-140 was approved, how long the associated I-485 has been pending, and whether the petition was valid when approved. Under the policy guidance, an approved petition may remain valid for priority-date retention when the employer withdraws it at least 180 days after approval or when the associated I-485 has been pending at least 180 days. If you meet INA 204(j), you may also continue adjustment with a qualifying same-or-similar offer.
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Your temporary immigration status is a separate track
A pending green-card case and H-1B or another temporary classification do not rise and fall together. USCIS says certain nonimmigrant workers whose employment ends may receive a discretionary grace period of up to 60 consecutive calendar days, or until the end of the authorized validity period if that comes sooner. The policy is described in Options for Nonimmigrant Workers Following Termination of Employment.
The grace period is not an automatic extension of an H-1B petition, a green-card extension, or blanket permission to work for a new employer. The applicable classification, the actual employment-end date, the I-94 expiration, any pending change-of-employer filing and any alternative status must be reviewed promptly. A new employer may need to file its own petition before work begins.
If you have an adjustment-based EAD
An employment authorization document issued through a pending I-485 can present a different work-authorization question from the former employer-sponsored status. Check the EAD category, expiration date, renewal or automatic-extension rules that apply to the document, and any travel consequences of using it. The existence of an EAD does not answer whether the underlying adjustment case remains eligible after the job offer changes.
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The federal WARN Act generally requires covered employers with 100 or more employees to give at least 60 calendar days of advance written notice for a qualifying plant closing or mass layoff affecting 50 or more employees at a single site. Exceptions apply, and some states have additional requirements. The U.S. Department of Labor summarizes the rules on its Plant Closings and Layoffs page.
WARN is an employment-law notice framework. It does not determine the immigration termination date, extend the I-94, or add to the USCIS grace period. Compare the effective termination date in the employer’s official notice and payroll records with your immigration deadlines rather than assuming that a 60-day notice period creates 60 days of lawful work authorization.
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Records to collect immediately
Make a single dated folder, preserving the originals and PDF copies of:
- The official termination notice, severance terms and final payroll record showing the employment end date.
- Your passport identity page, current immigration classification, most recent I-94 and petition approval notice with its authorized validity end date.
- PERM filing and certification records, if the case reached that stage.
- I-140 receipt and approval notices, the exact approval date, and every withdrawal, revocation or request-for-evidence notice.
- I-485 receipt notice and the USCIS received date; calculate whether 180 days have elapsed.
- Current EAD and advance-parole documents, including expiration dates and renewal receipts.
- Any new-job offer showing duties, occupational classification, compensation, location and intended start date.
- Written confirmation from Microsoft or its immigration counsel about the petition, job offer and any transition period.
Questions to take to an employment-based immigration attorney
- Is the I-140 approved, still valid and subject to any withdrawal or revocation notice?
- Has the related I-485 been pending for at least 180 days based on the USCIS receipt date?
- Which employment-based preference category is on the I-140, and does it permit the portability route you are considering?
- Has Microsoft withdrawn the petition or the underlying job offer, and on what effective date?
- Does the proposed position’s actual work qualify as same or similar under INA 204(j), and what evidence supports that comparison?
- What is the last day of authorized stay and the last day on which work can continue under the current classification or EAD?
- Would a new employer’s petition, change of employer, or another status need to be filed before you start work?
Compare next steps using the right facts
When evaluating a new offer or a possible filing, compare the options on these axes rather than on salary, employer reputation or job title alone:
| Decision factor | Why it matters | Evidence to compare |
|---|---|---|
| Case stage | PERM, I-140 and I-485 have different protections. | PERM records, I-140 notices and I-485 receipt. |
| I-140 validity and withdrawal timing | Petition retention and adjustment eligibility use different timing rules. | Approval date, withdrawal notice and any USCIS revocation notice. |
| I-485 pending duration | At least 180 days may open INA 204(j) portability for eligible cases. | USCIS received date and calendar-day calculation. |
| New-job duties and classification | Same-or-similar analysis focuses on the occupation and circumstances. | Detailed job description, duties, skills, level and location. |
| Temporary status | A green-card case does not automatically preserve lawful stay after a layoff. | I-94, petition validity, grace-period dates and any new filing. |
| Work-authorization start date | You must know when work for the next employer is legally permitted. | Current EAD, pending applications and new employer petition timing. |
Common mistakes after a layoff
- Treating an approved I-140 as a green card. It is an immigrant petition, not permanent residence or an independent work permit.
- Counting 180 days from the wrong event. I-140 approval and I-485 receipt create separate dates with different consequences.
- Assuming the grace period authorizes work. The discretionary period concerns time after employment ends; it does not automatically authorize a new job.
- Relying on a job title or salary alone. Portability requires an eligible category and a fact-based same-or-similar occupational comparison.
- Assuming WARN notice sets the immigration end date. Use the official employment records and immigration documents.
- Waiting for a general company announcement. Microsoft’s public layoff information cannot establish what happened to your petition; request case-specific written confirmation.
Because USCIS rules, agency guidance and individual notices can change, treat this article as general information rather than a determination of your status. Have an employment-based immigration attorney review the complete case record before withdrawing a filing, starting a new job, traveling on an adjustment case, or allowing a status deadline to pass.
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