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Act quickly, but do not assume your case is automatically transferable. First identify whether you have a pending PERM application, a certified PERM, a pending or approved I-140, or an I-485 that has been pending for at least 180 days. Each stage has a different employer obligation, deadline and replacement-job option.
Your immigrant case and your permission to remain or work in the United States are separate issues. A PERM or I-140 does not by itself preserve nonimmigrant status or authorize employment after a termination. Save your records, confirm the sponsoring employer’s intentions, check your status documents and obtain advice from a qualified U.S. immigration attorney before relying on a new job or continuing to work.
Identify your exact stage and every relevant date
Make a timeline from documents rather than from memory. Locate the PERM filing or certification, I-140 receipt and decision, I-485 receipt (if filed), I-94, visa and work-authorization documents, and any employer withdrawal, revocation or termination notice. Record your last day of employment and the dates shown below.
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| Case stage | Clock or condition to check | Question to resolve immediately |
|---|---|---|
| PERM pending | No portability clock has started | Will the sponsoring employer keep the same permanent, full-time job opportunity open? |
| PERM certified; I-140 not filed | Certification should be submitted with Form I-140 within 180 days of certification | Will the employer file the I-140 and still offer the permanent position? |
| I-140 pending | Pending is not the same as approved for AC21 purposes | Has USCIS issued a receipt or approval, and will the employer continue the petition? |
| I-140 approved; no I-485 pending for 180 days | Withdrawal timing can affect automatic revocation; measure from I-140 approval | Was the petition withdrawn, and when? |
| I-485 pending 180 days or more | AC21 portability uses the I-485 filing date, not the I-140 approval date | Is the replacement offer genuine and in the same or a similar occupational classification? |
These are different 180-day tests. The 180 days allowed to submit a certified labor certification, the 180 days tied to I-140 withdrawal and approval, and the 180 days an I-485 must be pending are not interchangeable.
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If the PERM application is still pending
PERM is the U.S. Department of Labor (DOL) labor-certification process for an employer’s permanent, full-time job opportunity. The employer defines the actual duties and minimum requirements and is responsible for filing; DOL expressly states that filing applications is the employer’s responsibility, not the employee’s.
If that job ends before certification, ask the sponsoring employer in writing whether it will keep the offered position available and continue responding to DOL. A layoff may mean the employer no longer has the job opportunity described in the filing. Do not assume an ETA 9089 can be moved to another company: a different employer’s position is a different job opportunity and generally requires that employer to undertake its own process.
What to preserve
- A copy of the filed PERM application, recruitment information and prevailing-wage material your employer or attorney gave you.
- The filing date, case number and any DOL audit or request for information.
- The termination notice and communications showing whether the permanent offer remains open.
If PERM was certified but the I-140 was not filed
DOL says a certified labor certification should be submitted to USCIS with Form I-140 within 180 days of certification. Confirm the certification date and ask whether the employer has actually sent the I-140, not merely prepared it. Request the USCIS receipt number or a copy of the filing package if it was submitted.
A termination can leave the employer unwilling or unable to make the permanent offer. A new employer cannot simply use the first employer’s certified labor certification for its own position. Discuss promptly whether the original employer will file and maintain the petition, whether a new PERM process is needed, and how the change affects your nonimmigrant status and priority-date strategy.
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If the I-140 is pending
A pending I-140 is an employer-sponsored petition awaiting USCIS action. It is not an approved petition and, by itself, does not satisfy the AC21 portability conditions described by USCIS. Ask the sponsoring employer whether it will continue the petition, respond to a request for evidence, or withdraw it.
Keep the I-140 receipt notice, the underlying certified labor certification and all USCIS correspondence. If the employer withdraws while the petition is pending, the practical result depends on the petition’s facts and any separate status filing. A new employer normally cannot take over a pending I-140 as though it were a transferable work permit; counsel must evaluate a new petition, a new labor-certification process or another available category.
If the I-140 was approved but you have not had an I-485 pending for 180 days
An approved I-140 is stronger than a pending petition, but it does not automatically authorize a job change. Employer withdrawal and USCIS revocation rules use timing and other requirements. In particular, the age of the approval can matter: withdrawal before the petition has been approved for 180 days may have a different effect from withdrawal after that period.
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Measure this approval-age clock from the I-140 approval date. Do not substitute the date you filed an I-485, and do not assume that an approval older than 180 days resolves every possible revocation issue. USCIS can examine fraud, material error, withdrawal-related facts and other grounds. Save the approval notice and any withdrawal or revocation notice so counsel can determine whether the petition remains valid and whether its priority date may be retained.
If your I-485 has been pending at least 180 days: AC21 portability
USCIS describes an AC21 adjustment-portability route for certain EB-1, EB-2 and EB-3 applicants. The usual elements are:
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- An approved employment-based I-140 that covers the adjustment case.
- An I-485 that has been pending for 180 days or more.
- A new, genuine and available job offer in the same or a similar occupational classification as the job in the approved petition.
The relevant 180 days run from the I-485 filing, not from I-140 approval and not from the date you lost your job. A job title alone is not enough to establish “same or similar.” Compare the actual duties, required skills, responsibilities, work location and occupational classification, and keep the new offer letter and supporting job description.
How to document a portability move
- Confirm the I-485 receipt date and count 180 days from that filing date.
- Verify that the I-140 is approved and identify the employment category and offered position.
- Obtain a detailed, signed offer describing duties, requirements, salary and start conditions.
- Compare the old and new positions by duties and classification, not just title or pay.
- Have counsel prepare the appropriate USCIS portability notification and supporting evidence, and monitor any request for evidence.
AC21 is not a universal transfer of every underlying case. Category-specific exceptions, visa availability, admissibility issues and the continued validity of the original petition can still matter.
Understand employer withdrawal and USCIS revocation separately
An employer can communicate that it is withdrawing a petition, while USCIS can separately revoke a petition under applicable rules. The consequences depend on when the withdrawal occurred, whether the I-140 had been approved for 180 days, whether an I-485 had been filed and pending for 180 days, and whether another revocation ground exists.
Ask for the effective date and a copy of every notice. Do not rely on an informal statement that a case was “cancelled.” Counsel should examine whether the petition remains approved, whether automatic-revocation provisions apply, whether USCIS has issued a notice of intent to revoke, and whether a priority date can be retained in your category.
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Check immigration status and work authorization immediately
Do not treat an immigrant filing as a substitute for a nonimmigrant status analysis. Review the expiration date and terms on your I-94, approval notice, visa, passport and employment authorization document (EAD). Determine which employer and position your current authorization covers and whether you have another independent basis to work.
Under the current eCFR text of 8 CFR 214.1 (current through October 8, 2026, and last amended October 1, 2026), an employer seeking to extend or amend a worker’s H-1B or another listed employment-based stay files Form I-129. That regulation does not decide every consequence of an individual termination, including whether a particular grace-period or change-of-status strategy applies. Obtain status-specific advice before starting work for a new employer or assuming you may remain in the United States for a particular length of time.
What to do in the first 48 hours
- Secure your file. Download USCIS notices, the PERM certification or filing, the I-140 and I-485 receipts and decisions, your I-94, EAD and approval notices. Keep copies outside your former employer’s systems.
- Fix the timeline. Write down the last day worked, PERM certification date, I-140 receipt and approval dates, I-140 withdrawal date (if any), and I-485 receipt date.
- Contact the sponsor. Ask whether the permanent offer remains open, whether the employer will continue the case, and whether it has sent or plans to send a withdrawal.
- Stop unauthorized work. Until your authorization and any change-of-employer filing are confirmed, do not begin a new job based only on a pending PERM or I-140.
- Schedule individualized counsel. Give the attorney the complete timeline and every notice, including dependent-family documents.
How to evaluate a possible new job
For a worker with a qualifying, long-pending I-485, compare the offered position to the original job in substance. Gather organizational charts, detailed duty statements, required credentials, worksite information and the occupational classification used for each role. Explain material differences rather than relying on matching titles.
For a worker without AC21 eligibility, a new employer may need a new PERM and I-140 or a different immigration strategy. The timing, visa availability and your current status can determine whether that route is practical. A job search alone does not preserve a pending PERM or create portability.
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Protect derivative family members
Spouses and children may have separate I-485, EAD, travel-document and status records. Check each person’s expiration dates, category and filing history. A change in the principal worker’s case can affect derivatives differently, so include their notices when seeking advice rather than assuming one outcome applies to the entire family.
Decision framework for choosing a next step
| Your situation | Most important evidence | Issue counsel must resolve |
|---|---|---|
| PERM pending and job ended | Filed ETA 9089, employer’s written position and termination record | Whether the original employer will maintain the job opportunity or a new process is required |
| PERM certified, no I-140 receipt | Certification date and proof of filing or nonfiling | Whether the 180-day submission window remains open and the employer will offer the role |
| I-140 pending | Receipt, labor certification and any USCIS request | Continuation or withdrawal and a lawful status/work plan |
| I-140 approved, I-485 not pending 180 days | Approval and withdrawal dates | Approval-age consequences, revocation risk and any new petition |
| I-485 pending 180 days or more | I-485 receipt, approved I-140 and detailed new offer | Same-or-similar classification, visa availability and portability filing |
Common mistakes that can damage your options
- Counting 180 days from the wrong event.
- Assuming a certified PERM belongs to the worker rather than to the employer’s specific opportunity.
- Starting a new job because an I-140 is pending, without separate employment authorization.
- Using only job titles to argue that two positions are the same or similar.
- Ignoring a USCIS request, withdrawal notice or revocation notice.
- Letting an EAD, I-94 or dependent document expire while focusing only on the immigrant petition.
What the official guidance establishes—and what it cannot decide
DOL’s permanent labor-certification guidance establishes the employer’s filing responsibility and the 180-day period for submitting a certified labor certification with Form I-140. USCIS Policy Manual Volume 7, Part A, Chapter 8 describes the adjustment-portability conditions, including an approved petition, an I-485 pending at least 180 days and a same-or-similar job offer. USCIS withdrawal guidance addresses separate timing concepts tied to I-140 approval and I-485 filing.
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