Job Loss Before I-485 Reaches 180 Days: What EB Applicants Need to Know

A green card applicant working on an H-1B visa is navigating a high-stakes situation after being laid off while their I-485 adjustment of status application is still short of the critical 180-day mark. The applicant holds an approved I-140 under the EB-1B category with a priority date of July 19, 2022, and filed their I-485 on October 31, 2025, meaning portability protections under AC21 have not yet vested. The 180-day rule, established under the American Competitiveness in the 21st Century Act (AC21), allows I-485 applicants to change employers or job roles without jeopardizing their green card application — but only after the application has been pending for at least 180 days. Before that threshold, a layoff or job change can place the entire adjustment of status in jeopardy. For EB-3 applicants in similar situations, this scenario is equally relevant. Maintaining valid H-1B status, finding a new employer willing to sponsor continued status, or exploring H-1B portability options are common strategies. Consulting an immigration attorney immediately is critical, as options may include employer-to-employer H-1B transfers, grace period protections (typically 60 days after termination), or emergency legal remedies. Applicants in this situation should document all relevant dates carefully and act quickly. The 60-day H-1B grace period means there is limited time to secure new sponsorship before lawful status is compromised. If a new job in a same or similar occupational category can be secured before USCIS adjudicates the I-485, AC21 portability may still be argued retroactively by some practitioners, though this is complex and fact-specific.