Waiting for your Form I-140 (Immigrant Petition for Alien Worker) to be approved can be really stressful. But once you receive that I-140 approval notice, it often feels like you’ve just been handed the keys to the door leading to a green card and permanent residency.
But here’s the catch: approval doesn’t make you a permanent resident. Not yet. There are still steps you’ve got to take before you can actually call yourself one.
In this guide, we’ll show you what an approved Form I-140 really means, how long the process may take, and what comes next.
What Does I-140 Approval Mean?
An I-140 approval notice means U.S. Citizenship and Immigration Services (USCIS) has accepted your employer’s petition (or your self-petition, if you filed in certain categories like EB-1A or NIW). Not just that, it also means that they’ve agreed that you qualify for an employment-based immigrant visa.
That’s big. But it doesn’t give you a green card outright. What it does is lock in your priority date. Think of it as holding a ticket in line. You don’t lose your place unless something major happens.
If your date is current on the Visa Bulletin, you can keep moving. If not, you’re waiting until the number becomes available.
How Long Does I-140 Take?
Most people see an approval notice in about 6 – 12 months. But that’s not a hard rule. Service center backlogs, your category, and whether you used premium processing all play into it.
Premium option: Some categories allow you to pay for a 15-day decision.
Delays: The longer waits usually happen later, when you’re stuck waiting on a visa number, especially if you’re from India or China.
The approval itself comes in the form of Form I-797, an official letter from USCIS. Don’t lose it. You’ll need it down the line.
Why I-140 Approval Matters
Beyond the obvious step toward a green card, an I-140 approval brings some valuable benefits:
- Job security: If your I-140 has been approved for at least 180 days and your I-485 adjustment of status application is also pending for 180 days, you may qualify for portability. Portability means you can switch jobs to the same or a similar role without restarting the process.
- H-1B extensions: Many workers with an approved I-140 can extend their H-1B status beyond the usual six-year limit while waiting for a green card.
- Family benefits: Your spouse and children under 21 may eventually be eligible to join your green card application once your priority date is current.
These are the key benefits of an approved I-140, but again, approval is only part of the journey.
What Comes Next?
This depends on your location and whether a visa number is available in your preference category.
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Adjustment of Status (Inside the U.S.)
If you’re already in the U.S. on a valid nonimmigrant visa and your priority date is current, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status). This lets you stay while your case moves forward.
- Work and Travel Benefits: Alongside the I-485, you can apply for work authorization (EAD) and advance parole (AP).
- Timeline: Adjustment processing can take between 8 – 18 months, depending on your local USCIS office.
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Consular Processing (Outside the U.S.)
If you’re living abroad, your case heads to the National Visa Center (NVC). From there, you’ll submit the DS-260 and prepare for a consular interview.
- Document Review: Expect requests for civil records, police certificates, and medical exams.
- Interview and Visa Grant: After approval at the consulate, you’ll receive an immigrant visa that allows you to enter the U.S. as a permanent resident.
Staying Prepared After I-140 Approval
Receiving an I-140 approved notice is a milestone, but it’s not the finish line. What happens next depends on your visa category, your location, and whether immigrant visas are available.
For many applicants, the next phase is either filing Form I-485 if you’re in the U.S. or starting consular processing if you’re abroad. For others in backlogged categories, it may mean waiting until the visa bulletin moves forward.
The good news is that approval locks in your priority date, lets many extend H-1B status, and gives you a clear path toward the green card.
Not sure what comes next? You don’t have to guess. At ImmigrationQuestion.com, you can post questions for free and get answers from licensed attorneys. Having the right support ensures you don’t lose momentum on your journey to permanent residency.
Frequently Asked Questions
How soon can I file I-485 after approval?
Right away, if your date is current. If not, you wait until it is.
Can I change jobs after I-140 approval?
Yes, if both the I-140 and I-485 have been pending at least 180 days and the new role is similar.
What if my employer pulls the petition?
If it’s been 180+ days, your priority date usually sticks. If earlier, you may lose the benefits.
Do my family members benefit from my approval?
Sure, once your priority date is current and you apply for adjustment of status or consular processing, your spouse and unmarried children under 21 can typically apply as dependents.
Is I-140 approval the same as a green card?
No. Approval just proves you qualify and secures your spot in line. The green card is the actual permanent resident status.
What happens if I’m outside the U.S.?
You’ll go through consular processing. Once your date is current, you’ll attend an interview before receiving an immigrant visa.
