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What Happens After I-140 Approval? Next Steps

Your I-140 Is Approved: What It Means

Congratulations — an approved I-140 is a major milestone. It means USCIS has recognized that you qualify for an immigrant visa in your preference category. But it is not a green card yet. Here is exactly what happens next and what you need to do.

Your Priority Date Is Locked In

Your priority date — the date your PERM was filed (or I-140 filing date if no PERM was required) — is now permanently associated with your case. This date determines when you can file for your green card. Check if your date is current right now using our Green Card Calculator.

If Your Priority Date Is Current: File I-485

If the Visa Bulletin shows your category and country as current (or your date is before the cutoff), you should file I-485 adjustment of status immediately. File I-765 (EAD) and I-131 (Advance Parole) concurrently. This gives you work authorization and travel flexibility while waiting for the green card.

If Your Priority Date Is NOT Current: Wait and Monitor

For many Indian and Chinese nationals, the wait between I-140 approval and being able to file I-485 can stretch years or even decades. During this time you should maintain your nonimmigrant status (H-1B, L-1, etc.), monitor the Visa Bulletin monthly, and consider whether a different category (like EB-2 NIW or EB-1) might offer a faster path.

Can You Change Jobs After I-140 Approval?

If your I-140 has been approved for 180+ days and you have a pending I-485, you can change employers without losing your priority date under AC21 portability. If you have NOT yet filed I-485, changing jobs means your employer can revoke the I-140 — but your priority date is still retained for future use if the I-140 was approved and not revoked due to fraud.

This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Consult a licensed U.S. immigration attorney for guidance on your individual case.

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