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Home All FAQs Working Visas H-1B and L-1 I am on H-1B. What happens to my Green Card application if I switch jobs?

I am on H-1B. What happens to my Green Card application if I switch jobs?

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Thanks to Kumaresh for this question!

Unfortunately, you will have to start over.

There are a few exceptions:

  • You can leave the Green Card application running, as long as your employer cooperates (few will). In the event that you return to the original employer, you could then actually file an I-485 or apply for a consular immigrant visa based on that Labor Certification and petition. Of course, if you do not return to that employer, you would not get any benefit from this GC application.
  • For certain purposes, the date the original Labor Certification was filed would continue to count as your priority date. This is true for 245(i) purposes. It is true for quota purposes only if the employer also filed an I-140, this I-140 was approved, and the employer did not revoke it.
  • In some, extremely rare, circumstances it may be possible to transfer the Labor Certification to a new employer (or from one employee to another). This requires that the old and new job are identical in every respect, and even then can be difficult. Only try this with a competent lawyer. In the vast majority of cases, it isn't even worth considering.
 

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