FAQ

I-140 (Immigrant Petition for Alien Worker) is the second step in employment-based Green Card process:

• Filed after PERM approval (for EB-2/EB-3) or directly (for EB-1)
• Establishes your eligibility for Green Card category
• Establishes your priority date (your place in line)
• Processing time: 4-8 months (regular) or 15 days (premium)

After I-140 approval, you wait for priority date to become current before filing I-485.

Yes, you can travel while I-140 is pending, but:

• Must maintain valid non-immigrant status (H-1B, L-1, etc.)
• Need valid visa stamp to re-enter
• Travel doesn't affect I-140 processing
• If I-140 approved while abroad, you can still use it

Important: I-140 approval doesn't give you travel authorization. You still need valid non-immigrant visa.

If I-140 is denied:

• You can file motion to reopen/reconsider (MTR) within 30 days
• Or appeal to Administrative Appeals Office (AAO)
• Or refile with corrected information
• Your H-1B status remains valid (if you have one)

Common denial reasons: Insufficient evidence, degree equivalency issues, employer ability to pay. Work with attorney to address concerns.

No, you cannot file I-485 while I-140 is pending unless:

• You are EB-1 (extraordinary ability, outstanding professor, multinational executive)
• Your priority date is current in Visa Bulletin
• You file concurrently (I-140 and I-485 together)

For EB-2/EB-3: Must wait for I-140 approval and priority date to become current before filing I-485.

Premium processing expedites I-140 processing:

• USCIS processes within 15 calendar days (or refunds fee)
• Additional fee: $2,500 (as of 2024)
• Available for most I-140 categories (EB-1, EB-2, EB-3)
• Can upgrade existing petition or file with premium

Benefits: Faster approval, earlier priority date, quicker path to Green Card. Worth it if you need faster processing.

Yes, but with conditions:

• Before I-485 filed: Must restart Green Card process with new employer
• After I-485 pending 180+ days: Can use AC21 portability to change employers
• New job must be in same or similar occupation
• Priority date may be preserved

AC21 allows: Job change if I-140 approved and I-485 pending 180+ days, and new job is same/similar occupation.

EB-1 (First Preference):

• Extraordinary ability, outstanding professors, multinational executives
• No PERM required
• Faster processing, usually current priority dates

EB-2 (Second Preference):

• Advanced degree or exceptional ability
• PERM required (unless NIW - National Interest Waiver)
• Moderate wait times (India: 5-10+ years)

EB-3 (Third Preference):

• Skilled workers, professionals, other workers
• PERM required
• Longest wait times (India: 10-15+ years)

NIW (National Interest Waiver) allows EB-2 applicants to skip PERM:

• Must show work is in national interest of U.S.
• Must have advanced degree or exceptional ability
• Must show significant merit and national importance
• Can self-petition (no employer needed)

Benefits: No PERM, no employer sponsorship needed, faster processing. Common for researchers, doctors, entrepreneurs.

You can check I-140 status:

• USCIS Case Status Online: Enter receipt number from I-797
• MyUSCIS account: Create account and link your case
• USCIS Contact Center: Call 1-800-375-5283
• Attorney: Your immigration attorney can check status

Receipt number format: EAC, WAC, LIN, or SRC followed by 10 digits. Check regularly for updates.