Wondering about Form I‑140 approval time? Learn what I‑140 means, who can file it, processing timelines, and next steps for your green card journey—Know how Beyond Border helps you plan smarter.
If you’re navigating the U.S. green card process, you’ve probably heard about Form I‑140 approval and wondered—what does it really mean? Is it the same as getting your green card? How long does it take? And what happens after it’s approved?
Think of Form I‑140 as a major milestone in your green card journey. It’s the step where USCIS confirms your eligibility for an employment-based immigrant visa. Whether you’re an Indian tech professional, a multinational manager, or a researcher self‑petitioning under EB‑1A, this petition is critical.
In this guide, we’ll explain I‑140 approval meaning, approval times, eligibility, and what comes next. We’ll also share how Beyond Border can help you file strategically and move closer to your green card.
Form I‑140, officially called the Immigrant Petition for Alien Worker, is what your employer—or sometimes you—files with USCIS to prove that you qualify for an employment-based green card.
It serves two main purposes:
Usually, an employer files Form I‑140 on behalf of the foreign worker. But there are exceptions—like EB‑1A (extraordinary ability) or EB‑2 NIW (National Interest Waiver)—where you can self-petition.
Without an approved I‑140, you can’t apply for Adjustment of Status (Form I‑485) or consular processing for your green card.
What does “I‑140 approved” actually mean?
It simply means USCIS has reviewed your petition and accepted that you meet the eligibility requirements for the employment-based category filed.
It does NOT mean you already have a green card.
It does NOT give you any immigration status on its own.
What it does is unlock the next step in the process: filing I‑485 Adjustment of Status (if you’re in the U.S.) or consular processing (if you’re outside the U.S.)—but only if your priority date is currently on the Visa Bulletin.
Think of I‑140 approval as getting on the waiting list for a green card.
It depends on your category.
Who’s eligible?
If you’re unsure which category fits, Beyond Border can help in analyzing your profile and map out the best strategy.
I‑140 Approval Time: How Long Does It Take?
Here’s where most applicants get anxious—how long will my I‑140 approval take?
But keep in mind, timing can vary based on:
You can always check current processing times on USCIS’s official tool.
Pro Tip: If you’re from a country like India or China with priority date retrogression, premium processing may still be worth it because it locks in your priority date faster—even if you can’t file I‑485 right away.
No. An approved I‑140 by itself doesn’t give you work authorization.
You only become eligible for an EAD (Employment Authorization Document) after you file I‑485 Adjustment of Status, which requires your priority date to be current on the Visa Bulletin.
If your priority date is current, you can file I‑140 and I‑485 together (concurrent filing)—and in that case, you can get an EAD and Advance Parole while waiting for your green card.
You’ll know your I‑140 is officially approved when USCIS issues an Approval Notice (Form I‑797).
You can track your case status anytime using the receipt number on the USCIS Case Tracker.
Once approved, the priority date on your I‑140 becomes your permanent place in the green card line.
The I‑140 petition package includes:
If you’re filing under EB‑1A or EB‑2 NIW, this evidence shows why you’re among the top professionals in your field or why your work benefits the U.S. national interest.
Two possible scenarios:
Important: I‑140 approval doesn’t give you any legal status. You must maintain valid non-immigrant status (H‑1B, L‑1, etc.) while waiting for your priority date.
For Indian nationals, visa retrogression is common. Even if your I‑140 is approved, you may have to wait years for your priority date to be current.
But filing your I‑140 early is still crucial because:
Beyond Border helps Indian applicants navigate these timelines strategically.
Need help speeding up your I‑140? Contact Beyond Border today to map out the smartest filing strategy for your green card.
Q: Does I‑140 approval mean I get a green card?
No. It just confirms USCIS accepted your immigrant petition. You still need to wait for your priority date to become current and then file I‑485 or consular process.
Q: How long is I‑140 valid?
Indefinitely. Even if your employer withdraws after 180 days, your priority date stays locked.
Q: Can I change jobs after I‑140 approval?
Yes, but if you’re still waiting on I‑485, you must meet AC21 portability rules.
Q: Should I do premium processing for I‑140?
It’s useful if you need a quick priority date or want H‑1B extensions beyond 6 years.
Q: What if my I‑140 is denied?
You can appeal or refile. Beyond Border can assess why it was denied and craft a stronger case.
Form I‑140 approval is a major milestone—it confirms you’re eligible for an employment-based green card and secures your place in the visa queue. But it’s only one step in the journey. Timing, category choice, and documentation all play a critical role in how fast you move forward.
Whether you’re an EB‑1A self-petitioner, an EB‑2 PERM applicant, or a multinational manager under EB‑1C, planning strategically can save you years of waiting.
Beyond Border helps professionals like you analyse categories, file strong petitions, and navigate complex timelines—especially for Indian applicants facing retrogression.
Ready to plan your I‑140 strategy? Reach out to Beyond Border today and take the next step toward your green card.
