What Happens After I-140 Is Approved?
Once your Form I-140 (Immigrant Petition for Alien Worker) is approved by USCIS, the next step toward obtaining a green card depends on whether you are currently inside or outside the United States and whether your priority date is current.
1. Check the Visa Bulletin for the Priority Date
Your I-140 approval establishes a priority date, which determines your place in line for a green card based on your employment-based category and country of chargeability. You must monitor the Department of State’s monthly Visa Bulletin to see when your priority date becomes “current.”
2. If You Are Inside the U.S. (Adjustment of Status – AOS)
If your priority date is current and you’re already in the U.S. in a valid nonimmigrant status (like H-1B), you may file Form I-485 (Application to Register Permanent Residence or Adjust Status) to transition to lawful permanent resident status. This step is often called Adjustment of Status (AOS).
You can also apply for:
- Work Authorization (EAD)
- Advance Parole (Travel Permit)
Some applicants are eligible to file the I-485 concurrently with the I-140 if the priority date is already current.
3. If You Are Outside the U.S. (Consular Processing)
If you are abroad, your case will proceed through consular processing. The National Visa Center (NVC) will contact you once your priority date is current. You’ll complete the DS-260 immigrant visa application and attend an interview at the U.S. Embassy or Consulate in your home country.
4. Wait Times and Final Steps
The wait time depends on your employment category (EB-1, EB-2, EB-3, etc.) and your country of origin. Once the I-485 is approved or your immigrant visa is issued, you will become a lawful permanent resident (green card holder).
Summary:
After your I-140 is approved, your next steps are:
- Monitor the Visa Bulletin for your priority date.
- File Form I-485 (if in the U.S.) or DS-260 (if abroad) once your date is current.
- Complete any necessary interviews and background checks.
- Receive your green card once approved.
Need help navigating the process? It’s always a good idea to consult an immigration attorney for personalized guidance.
