I-140 approved? Learn next steps for EB-2 green card including priority dates, adjustment of status, consular processing, and visa bulletin tracking in 2025.
After I-140 approval, your priority date becomes your most important immigration date. This date determines your position in the green card queue. For most EB-2 petitions, your priority date equals the date USCIS received your I-140 petition. For PERM-based petitions, it's when Department of Labor received the labor certification application.
I-140 approved priority date tracking requires understanding the visa bulletin. Each month, the State Department publishes cutoff dates showing which priority dates can move forward with green card applications. If your priority date is earlier than the cutoff, you're "current" and can proceed.
The visa bulletin priority date system exists because annual green card limits create backlogs. The US issues roughly 40,040 EB-2 green cards yearly with per-country caps limiting any single country to 7% maximum. India and China exceed this allocation, creating multi-year waits.
Priority date retrogression occurs when demand exceeds supply. Cutoff dates move backward, making previously current applicants wait longer. Progression happens when dates move forward, allowing more applicants to proceed. These movements fluctuate based on demand and annual visa allocations.
Your I-140 approval notice shows your priority date clearly. Keep this document safe. You'll need it throughout your green card process. The priority date stays with you even if you change employers after 180 days of I-485 pending status.
Beyond Border monitors visa bulletin movements and notifies clients when priority dates approach current status, ensuring timely green card application filing.
Adjustment of status after I-140 applies when you're physically present in America with valid nonimmigrant status. File Form I-485 once your priority date becomes current. This process allows obtaining permanent residency without leaving the country.
Concurrent filing works when your priority date is current immediately upon I-140 filing. Submit I-140 and I-485 simultaneously. USCIS processes both together. This saves significant time but only works when visa availability exists for your category and country.
EB-2 I-140 next steps for adjustment include gathering extensive documentation. Medical examinations from approved civil surgeons. Employment verification letters. Financial documents proving ability to support yourself. Police clearance certificates from countries where you lived six months or longer.
Form I-765 Employment Authorization Document applications file concurrently with I-485. These typically approve within 4-8 months, providing work authorization independent from your current visa. Similarly, Form I-131 Advance Parole applications allow international travel during adjustment processing.
Current I-485 processing times average 10-26 months depending on service center and field office workload. Premium processing isn't available for adjustment applications. Biometrics appointments occur 4-8 weeks after filing. Interviews may be required for certain applicants.
The 180-day portability rule allows changing jobs after I-485 remains pending for 180 days. The new position must be in the same or similar occupational classification. Inform USCIS through amended I-485 supplements if salary or position changes significantly.
Beyond Border prepares comprehensive I-485 packages ensuring proper documentation, timing, and compliance throughout adjustment of status processing.
Consular processing EB-2 applies when you're outside America when priority dates become current. After I-140 approval with current priority dates, the National Visa Center coordinates immigrant visa applications with US embassies.
NVC collects civil documents, financial evidence, and visa fees before scheduling embassy interviews. DS-260 immigrant visa applications complete online. Fee payments process through the Consular Electronic Application Center portal. Document submission follows specific formatting requirements.
Embassy interview preparation requires gathering original civil documents with certified translations. Birth certificates, marriage certificates, police clearances, and medical examinations from panel physicians. Bring passport photos, previous passports showing travel history, and I-140 approval notices.
Interview timelines vary dramatically by embassy location and workload. Major embassies in India, China, or Mexico face longer scheduling times than smaller posts. Expect 2-6 months from NVC case completion to interview scheduling depending on location.
Medical examinations must occur within one year before interview dates. Panel physicians approved by embassies perform specific examinations required for immigrant visas. Results seal in envelopes given directly to applicants for interview submission.
Visa issuance typically happens within 2 weeks after interview approval. Passports return with immigrant visa stamps allowing entry to America. You must enter within the visa validity period, usually six months. Green cards arrive by mail after entry.
Beyond Border coordinates all consular processing steps including NVC document preparation, interview coaching, and embassy-specific requirement navigation.
EB-2 green card timeline challenges affect applicants differently based on country of birth. Indian nationals face the longest waits, currently exceeding 11 years for recently filed petitions. Chinese nationals wait approximately 4 years. Rest of world applicants face 2 year average delays as of 2025.
The visa bulletin priority date movements provide limited predictability. Final action dates determine when you can receive green cards. Dates for filing determine when you can submit I-485 applications even if final action dates aren't current yet.
AC21 portability provisions allow job flexibility during extended waits. After I-485 pending exceeds 180 days, change employers without jeopardizing applications. The new position must be same or similar to the I-140 petition job. Salary must equal or exceed previous amounts.
H-1B extensions beyond six years become available once I-140 approvals occur. Extensions grant one-year increments if priority dates aren't current. This prevents H-1B holders from losing status during backlogs. L-1A holders with approved I-140s qualify for similar extensions.
EAD work authorization from pending I-485 applications allows complete job flexibility. Work for any employer in any position. Start businesses. Accept consulting arrangements. EAD renewal occurs every 2 years through I-765 applications.
Consider EB-1 alternatives if your qualifications evolved since I-140 filing. Promotions, additional patents, significant publications, or expanded responsibilities might qualify you for EB-1 processing. Priority dates remain protected under earlier filings even when pursuing new categories.
Beyond Border develops strategies for navigating extended wait times including AC21 portability utilization, H-1B extension planning, and alternative category evaluation.
After I-140 approval, several complications can arise. Job loss before 180 days of I-485 pending jeopardizes adjustment applications. New employers must file completely new I-140 petitions. Priority dates port forward from original approved petitions if timing allows.
I-140 revocation by employers affects status differently based on approval timing. Revocations within 180 days of approval may invalidate petitions. USCIS examines whether fraud or misrepresentation occurred. After 180 days, approved I-140s generally remain valid even if revoked.
Extended international travel during adjustment processing requires advance parole documents. Departing America without approved advance parole abandons pending I-485 applications. Apply for advance parole before any international trips during processing.
RFEs during I-485 processing request additional evidence. Common requests include updated medical examinations, current employment verification, or additional financial support documentation. Respond completely and timely. Incomplete responses lead to denials.
Name changes after I-140 approval require documentation. Marriage certificates, court orders, or legal name change documents must accompany all subsequent applications. Maintain consistency across all immigration documents to avoid confusion.
Changes of address must be reported within 10 days through AR-11 forms. Failure to maintain current addresses with USCIS can result in missed notices, abandoned applications, or removal proceedings.
Beyond Border troubleshoots post-approval complications ensuring proper responses to RFEs, handling employer changes, and maintaining compliant status throughout processing.
Frequently Asked Questions
What happens after my EB-2 I-140 is approved? After I-140 approval, your priority date is established and you wait for visa availability, monitoring monthly visa bulletins until your priority date becomes current for filing Form I-485 or consular processing.
How long after I-140 approval can I get green card? EB-2 green card timing after I-140 approval varies by country of birth, ranging from 1.5-2 years for most countries to 11+ years for Indian nationals and 4+ years for Chinese nationals.
Can I change jobs after I-140 approval? Yes, after I-485 remains pending for 180 days, you can change employers under AC21 portability rules provided the new job is same or similar occupational classification.
What is the difference between adjustment of status and consular processing? Adjustment of status applies to applicants in the US filing Form I-485, while consular processing requires applicants abroad to attend immigrant visa interviews at US embassies.
Do I need to track visa bulletin after I-140 approval? Yes, monthly visa bulletin monitoring is essential after I-140 approval to know when your priority date becomes current, allowing you to proceed with final green card application steps.
