What Happens After My I-140 Is Approved?

The approval of an I-140 petition is a significant milestone on the path to obtaining a green card. However, it is only the first step in the process. After the I-140 is approved, the next step involves preparing and submitting your green card application—but only when your priority date becomes current. This article outlines what happens after your I-140 is approved and provides guidance for navigating the next steps.

After your I-140 petition is approved, you must wait for your priority date to become current before moving to the next step.

• What Is a Priority Date?
  • The priority date is typically the date your employer filed the labor certification or I-140 petition.
  • This date determines your place in line for a green card based on your visa category and country of chargeability.
• When Does It Become Current?
  • Your priority date becomes current when it matches or is earlier than the date listed in the Visa Bulletin for your category and country.
  • Depending on your employment-based category and country, this wait could range from a few months to several years.

Once your priority date becomes current, you can move to the second step: the actual green card application.

Two Options for Filing:

1. Adjustment of Status (Form I-485):
   • This option is available if you are already in the United States on a valid visa.
   • Filing Form I-485 allows you to adjust your status to permanent resident without leaving the U.S.
2. Consular Processing:
   • If you are outside the United States, you will apply for an immigrant visa at the U.S. consulate in your home country.

Whether you choose adjustment of status or consular processing, you will need to submit supporting documentation, such as:

• Civil Documents: Birth certificate, marriage certificate (if applicable), and any other required legal documentation.
• Medical Examination: A medical exam by a USCIS-approved doctor to ensure you meet health-related requirements.
• Proof of Eligibility: Evidence that you are not subject to any grounds of inadmissibility, such as criminal convictions or prior immigration violations.

If you choose to adjust status through Form I-485, you gain several benefits:

1. Stay in the U.S. While Your Application Is Processed:
   • You can remain lawfully in the U.S. while waiting for your green card decision.
2. Apply for Employment Authorization (EAD):
   • Filing Form I-485 allows you to apply for an Employment Authorization Document (EAD), an open work permit that lets you work for any U.S. employer.
3. Advance Parole:
   • You can apply for advance parole, allowing you to travel internationally without abandoning your green card application.

1. Fingerprint Appointment:
   • You will attend a biometrics appointment to provide fingerprints and photographs.
2. Interview:
   • Depending on your case, USCIS may require an interview to verify your eligibility for a green card.
3. Green Card Issuance:

If approved, you will receive your green card, granting you permanent resident

An approved I-140 petition is an important achievement, but it is just the beginning of the green card process. The next steps—waiting for your priority date, filing your green card application, and completing supporting requirements—are critical to successfully obtaining permanent residency.

At Scott Legal, P.C., we specialize in employment-based green card applications and can guide you through every step of the process. Contact us today to schedule a consultation or explore our free resources for more information.