Laid off on H-1B with approved I-140: how long can I keep my priority date?

The priority date of an approved I-140 is generally kept indefinitely for a later petition unless the approval is revoked for one of the reasons in 8 CFR 204.5(e).

60-day grace period H-1B layoff: what should I track?

Your last day of work, your I-94 end date, and the receipt and status of any new petition or change of status.

Can I file I-485 after a layoff if my date becomes current?

Employment-based adjustment usually requires a job offer that is still valid when you file. Ask an attorney before filing.

Visa Bulletin

What happens to my priority date if I change jobs or get laid off after I-140 approval?

Updated November 12, 2026 · Not legal advice

You generally keep the priority date of an approved I-140 for a future employment-based petition, unless USCIS revokes the approval for fraud or willful misrepresentation, an invalidated labor certification, or a material error (8 CFR 204.5(e)). If the I-140 has been approved for 180 days or more, an employer withdrawal does not by itself revoke it.

Rules that matter after a job change
Rule	What it says	Where
Priority date retention	Approved I-140 priority date carries to a later EB-1/2/3 petition, except for the listed revocation reasons	8 CFR 204.5(e)
180-day I-140 protection	After 180 days of approval, employer withdrawal or business termination does not automatically revoke the petition	8 CFR 205.1(a)(3)(iii)
AC21 I-485 portability	With an I-485 pending 180+ days, you may move to a same or similar job (Supplement J)	INA 204(j)
H-1B grace period	Up to 60 consecutive days, or until the end of your authorized stay if shorter	8 CFR 214.1(l)(2)

Laid off on H-1B with an approved I-140: what to track

Your last day of employment (the grace period clock).
Any new employer's H-1B petition receipt and its case status.
Your I-140 approval date (for the 180-day rule) and priority date.
The Visa Bulletin for your category: if you become current, filing may depend on having a qualifying job offer.

Get advice before acting

These rules interact in ways that depend on your facts. Use this page to prepare questions for an immigration attorney, not to decide alone.

Quick answers

Laid off on H-1B with approved I-140: how long can I keep my priority date?: The priority date of an approved I-140 is generally kept indefinitely for a later petition unless the approval is revoked for one of the reasons in 8 CFR 204.5(e).
60-day grace period H-1B layoff: what should I track?: Your last day of work, your I-94 end date, and the receipt and status of any new petition or change of status.
Can I file I-485 after a layoff if my date becomes current?: Employment-based adjustment usually requires a job offer that is still valid when you file. Ask an attorney before filing.

What to do next

Track your I-140, H-1B transfer and Visa Bulletin category in one place.

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Sources

Checked: November 12, 2026