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Consider the situation:

  • A person arrives to the US as an H1B holder
  • Works for the employer that sponsored the visa for some time and employer does labor certification and other paperwork for US Green Card (Permanent Residency)
  • Due to some factors the employee loses that job, but has been able to find another that will sponsor him for the H1.

But here is the problem: What will happen to the application for an adjustment of status to Permanent Resident? Can it continue with the new employer or will this have to be restarted from the beginning?

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    Interesting question +1. But from the title I'd expect question about changing company while on H-1B. Could you edit it to better reflect actual question?
    – vartec
    Mar 14, 2014 at 17:40
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    @vartec I think that would be a good 2nd question what happens when you change and employer or can you even do it. Good Idea!
    – Karlson
    Mar 14, 2014 at 17:56

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It will depend on which stage of the GC process the employee loses his job. The basic outline of steps for attaining citizenship through an employer is to begin the GC process which is file and get approval for PERM -> I140 ->I485 -> GC -> Citizenship

  • If the employee lost his job after PERM approval but before I140 approval The new employer will have to begin from the very basic of advertising the job and filing for a new labor certification.
  • If the employee lost his job after I140 approval The date of I140 approval is deemed as priority date something an H1b holder can hold on to. Even if he loses the current job a new employer although, will have to begin from filing a new labor petition again, but the priority date for the employee will remain the one on his/her previous I140 approval.

But here is the problem what will happen to the application for adjustment of status to Permanent Resident? Can it be continued with the new employer or will this have to be restarted from the beginning?

It depends. Basically, if: - Your I-140 is approved. - Your I-485 has been pending for more than 180 days. You can change to a new employer and continue your GC process.

You will NOT be out of status if you lose your job, and you can stay until your case is adjudicated (and longer if approved). What is required is that at the time your case is adjudicated (with or without RFE) you need to have a job or job offer that is same or similar to the job described in your LC. If you want to change your job after 180 days then one will have to apply for AC21 portability. This website may have more solutions for the numerous possibilities surrounding the American GC.

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