Is There any Way to Save My Labor Certification and the Approved I-140? 

Dr. William:

I obtained the Labor Certification through my employer, and I filed both I-140 and I-485 petitions more than a year ago. Now, with the approved I-140 petition and the I-485 pending, it is possible to lose my job due to the employer's business problem. Is there any way to save my Labor Certification and the approved I-140? 


The Labor Certification is employer based application, losing your job will be the basis that the labor certification application will become invalid, and USCIS may also revoke the approved I-140 petition if your employer is the petitioner. 

Since you have filed the I-485 application more than a year ago, you could change job to work for a new employer according to the AC21 rule. In this way you can keep the Labor Certification, the priority date, and the approved I-140, and to continue your green card process of I-485 application.









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