H-1B Job Change and Your Green Card

Changing H-1B employers: For a worker in the United States who changes employers, the new employer files its own petition requesting H-1B classification and an extension of stay (8 CFR 214.2(h)(2)(i)(D)). An eligible H-1B worker may start the new employment when the new employer files a nonfrivolous H-1B petition, or on the requested start date, whichever is later (8 CFR 214.2(h)(2)(i)(H)). Eligible means the worker was lawfully admitted in, or otherwise provided, H-1B status, the new petition was filed before the authorized period of stay expired, and the worker was not employed without authorization from the last admission through the filing of the new petition (8 CFR 214.2(h)(2)(i)(H)). What happens to a green card case depends on the I-140 stage.

If an I-140 has been approved 180 days or more: A petition the employer withdraws 180 days or more after approval, or after an associated Form I-485 has been pending 180 days or more, remains approved unless its approval is revoked on other grounds, and the same holds if the employer's business terminates after either point (8 CFR 205.1(a)(3)(iii)(C); 8 CFR 205.1(a)(3)(iii)(D)). The USCIS Policy Manual says a petition withdrawn 180 days or more after approval, or while a related Form I-485 has been pending 180 days or more, remains valid for priority date retention (USCIS Policy Manual, Vol. 7, Part E, Ch. 5). The priority date of an approved petition cannot be kept if at any time USCIS revokes the approval because of fraud or a willful misrepresentation of a material fact, revocation or invalidation of the labor certification that accompanied the petition, or a determination that the approval was based on a material error (8 CFR 204.5(e)(2)).

If an I-140 is pending or was approved less than 180 days ago: A petitioner may withdraw a petition at any time until USCIS issues a decision on it or, for an approved petition, until the person is admitted or granted adjustment or change of status based on it (8 CFR 103.2(b)(6)). If the employer files a written withdrawal less than 180 days after approval, the approval is automatically revoked, unless an associated Form I-485 has been pending 180 days or more (8 CFR 205.1(a)(3)(iii)(C)). An approved I-140 gives you its priority date for any later EB-1, EB-2 or EB-3 petition for which you may qualify (8 CFR 204.5(e)(1)). The priority date of an approved petition cannot be kept if at any time USCIS revokes the approval because of fraud or a willful misrepresentation of a material fact, revocation or invalidation of the labor certification that accompanied the petition, or a determination that the approval was based on a material error (8 CFR 204.5(e)(2)). Automatic revocation after a withdrawal or a business termination is not one of the grounds listed in 8 CFR 204.5(e)(2), and in the 2016 final rule that set that text, DHS said that under 8 CFR 204.5(e) a priority date may be retained despite a withdrawal or business termination that occurs less than 180 days after the petition's approval (8 CFR 204.5(e)(2); 81 FR 82398, 82416 (Nov. 18, 2016)). When an employer withdraws an I-140, its job offer is rescinded, and a new employment-based petition is needed to seek adjustment of status or an immigrant visa as an employment-based immigrant, unless you are eligible to adjust status under INA 204(j) and 8 CFR 245.25 (8 CFR 205.1(a)(3)(iii)(C)).

If a Form I-485 has been pending 180 days or more: If your Form I-485 has been pending 180 days or more, your I-140 remains valid for a new job with the same or a different employer if the new job is in the same or a similar occupational classification as the job the petition was filed for (INA 204(j); 8 CFR 245.25(a)(2)). This applies to an approved I-140 whose approval has not been revoked, or a pending one that is later approved, and the request to port is made on Form I-485 Supplement J (8 CFR 245.25(a)(2); USCIS Policy Manual, Vol. 7, Part E, Ch. 5). USCIS decides whether a new job is in the same or a similar occupational classification on the totality of the circumstances, comparing factors such as occupational codes, job duties, required skills and experience, education and the offered wage (USCIS Policy Manual, Vol. 7, Part E, Ch. 5).

This tool shows two employers' DOL OFLC LCA filing records side by side (filing volume, median wage, change-of-employer filings and sponsorship score) and the rule text for the I-140 stage you pick. It does not replace legal advice.

What is an H-1B Transfer?

For a worker in the United States who changes employers, the new employer files its own petition requesting H-1B classification and an extension of stay (8 CFR 214.2(h)(2)(i)(D)). An eligible H-1B worker may start the new employment when the new employer files a nonfrivolous H-1B petition, or on the requested start date, whichever is later (8 CFR 214.2(h)(2)(i)(H)). A worker already counted toward the H-1B cap within the 6 years before the new petition's approval is not counted again, unless the worker would be eligible for a full 6 years of authorized admission when the petition is filed (INA 214(g)(7)).

Impact on Green Card

An approved I-140 gives you its priority date for any later EB-1, EB-2 or EB-3 petition for which you may qualify (8 CFR 204.5(e)(1)). If the employer files a written withdrawal less than 180 days after approval, the approval is automatically revoked, unless an associated Form I-485 has been pending 180 days or more (8 CFR 205.1(a)(3)(iii)(C)). The priority date of an approved petition cannot be kept if at any time USCIS revokes the approval because of fraud or a willful misrepresentation of a material fact, revocation or invalidation of the labor certification that accompanied the petition, or a determination that the approval was based on a material error (8 CFR 204.5(e)(2)). Automatic revocation after a withdrawal or a business termination is not one of the grounds listed in 8 CFR 204.5(e)(2), and in the 2016 final rule that set that text, DHS said that under 8 CFR 204.5(e) a priority date may be retained despite a withdrawal or business termination that occurs less than 180 days after the petition's approval (8 CFR 204.5(e)(2); 81 FR 82398, 82416 (Nov. 18, 2016)).

Sponsorship Quality

Filing volume, wage levels and petition mix in DOL OFLC LCA data show how often an employer has filed for H-1B workers. The sponsorship score on this page is GreenCardClock's own summary of those filings, not a government rating.

Wage Comparison

This tool compares the median wage on each employer's DOL OFLC LCA filings, across all roles and locations. It is an employer-wide figure, not the wage for a particular role or offer.