Understanding I-140 Petitions and Location

Many foreign workers mistakenly believe they must be in the United States to start their green card process. Wrong.Filing I-140 from overseas works perfectly fine. Your physical location doesn't restrict when or how the petition gets filed with USCIS.The I-140 is an Immigrant Petition for Alien Workers. It's filed by your employer for employment-based categories like EB-2 and EB-3, or by yourself for categories like EB-2 NIW and EB-1A.

USCIS processes the petition the same way whether you're in New York, New Delhi, London, or São Paulo. The form goes to the same processing centers. The adjudication standards remain identical.Your location matters only after I-140 approval when it's time to actually get your green card. That's when consular processing versus adjustment of status becomes relevant.

Understanding this distinction helps you plan your immigration strategy properly from wherever you currently live.Need guidance on starting your I-140 petition while overseas? Beyond Border handles international cases regularly and can manage your petition regardless of your location.

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Who Is Eligible for I-140

Before discussing location considerations, you need to understand basic eligibility.Who is eligible for I-140 depends on the employment-based green card category you're pursuing.For EB-2 and EB-3, your employer must first obtain approved PERM labor certification. This proves no qualified US workers are available for the position. Once PERM is approved, your employer files the I-140 petition demonstrating you meet the job requirements.

For EB-1A, you must show extraordinary ability in sciences, arts, education, business, or athletics. You petition for yourself without employer sponsorship or labor certification.For EB-1B, you need an employer sponsor but no labor certification. You must be an outstanding professor or researcher with international recognition.For EB-2 NIW, you petition for yourself proving your work serves US national interests. You need an advanced degree or exceptional ability plus evidence meeting the Dhanasar standard.

For EB-1C, multinational managers or executives can be transferred to US operations by their companies without labor certification.Each category has specific documentation requirements. But location doesn't affect whether you qualify. Can I-140 be filed from India or any other country? Absolutely, if you meet the category requirements.

When Can I-140 Be Filed

Timing depends on your green card category.When can I-140 be filed for employment-based cases? After PERM approval for EB-2 and EB-3. Your employer can file the I-140 immediately once the Department of Labor approves the labor certification.

For self-petition categories like EB-2 NIW or EB-1A, you can file anytime once you've gathered sufficient evidence. No prerequisite approvals needed.Some employers file I-140 petitions for workers still overseas. Maybe you're on assignment abroad. Maybe you're being recruited internationally. Your employer can start the green card process before you even arrive in America.

This strategy works particularly well for internal transfers. A company employee working in their India office can have their US branch file an I-140 while they continue working abroad.The petition approval gives you an approved priority date. This locks in your place in the visa queue even if you're not ready to immigrate immediately.

The I-140 Filing Process From Overseas

The mechanics of filing I-140 from overseas mirror the domestic process.Your employer or attorney prepares the petition package. This includes Form I-140, supporting evidence, and the filing fee of $700.

The package gets mailed to the appropriate USCIS service center based on your category and employer location. California Service Center and Texas Service Center handle most employment-based petitions.

USCIS doesn't care where you physically are when they receive the petition. They evaluate the evidence and issue an approval or denial based purely on whether you meet the category requirements.Premium processing is available for most categories. Pay an additional $2,805 and USCIS guarantees a decision within 15 business days.

You can track your case online using the receipt number. Status updates appear in your USCIS account regardless of what country you're in.Beyond Border manages I-140 petitions for clients worldwide, coordinating with employers and handling all USCIS communications efficiently.

Consular Processing Explained

After your I-140 is approved, you need to get your actual green card. For people outside the US, consular processing is the standard path.Consular processing means you complete the final green card steps at a US embassy or consulate in your home country.

Once current, the National Visa Center contacts you. You submit additional forms and documents. You pay fees. You undergo a medical exam.Finally, you attend an interview at the US embassy. The consular officer reviews your case and either approves or denies your immigrant visa.

If approved, you receive an immigrant visa stamp in your passport. You must enter the United States within six months. Your green card arrives by mail after entry.The advantage of consular processing is that you can wait abroad while your priority date advances. You don't need to be in America or maintain any particular visa status during the queue.

Adjustment of Status Explained

People already in the United States on valid visas can use adjustment of status instead.Adjustment of status means filing Form I-485 with USCIS to convert your temporary status to permanent residency without leaving America.

You must be physically present in the US and maintain lawful status when you file. Common qualifying statuses include H-1B, L-1, O-1, E-2, F-1 with work authorization, and others.Your priority date must be current or about to become current. USCIS allows early filing when your priority date is within a few months of becoming current.

Processing takes six to twelve months typically. You attend a biometrics appointment and possibly an interview. If approved, you receive your green card by mail.The major advantage is remaining in the US throughout. You keep your job, your home, your life. No need to relocate abroad and reenter later.

Key Differences Between the Two Paths

Understanding consular processing versus adjustment of status helps you plan properly.The timeline differs significantly. Consular processing moves faster once your priority date is current, often taking three to six months from National Visa Center involvement to visa issuance. Adjustment of status takes six to twelve months from filing to approval.

Flexibility varies. With adjustment, you can work and travel using your employment authorization document and advance parole. With consular processing, you wait abroad without US work authorization until your visa is approved.

Risk profiles differ too. Adjustment of status protects you from visa interview denials since you're already in America. Consular processing requires an interview that could result in denial even with an approved I-140.

Travel becomes complicated with adjustment of status. Leaving the US without advance parole abandons your pending I-485. Consular processing has no such restrictions since you're abroad anyway.

Cost comparisons show adjustment of status costing more. I-485 filing fees total $1,440 per person plus medical exam costs. Consular processing has lower fees but potentially higher travel and relocation expenses.Confused about which path fits your situation? Beyond Border can evaluate your circumstances and recommend the optimal strategy for getting your green card.

Special Considerations for Indian and Chinese Nationals

Priority date backlogs dramatically affect planning for applicants from India and China.Can I file I-140 from India while waiting years for my priority date? Yes. Many workers file their I-140 petitions immediately even knowing they face five to ten year waits.

Filing early locks in your priority date. The sooner you file, the sooner your date becomes current eventually.Some workers file I-140 while in India on assignment for US companies. Others have US employers file while they're still working abroad planning to transfer later.

The long waits make adjustment of status attractive when possible. If you can get to the US on H-1B or L-1 while your priority date advances, you preserve the option of adjusting status later.But maintaining US status for five to ten years isn't always feasible or desirable. Many workers live abroad during the wait, then use consular processing when their dates finally become current.

Maintaining Valid Status Considerations

Your status matters only for adjustment of status, not for I-140 filing or consular processing.You can file I-140 while overseas without any US visa. You don't need to be in America or maintain any particular status during I-140 processing.If you're in the US and want to adjust status later, you must maintain lawful status continuously. Falling out of status even briefly can complicate or prevent adjustment.

Strategic Planning for International Workers

Smart planning maximizes your options regardless of current location.File your I-140 as soon as you're eligible. Earlier priority dates give you more flexibility later. When can I-140 be filed for your situation? Don't delay once prerequisites are met.Consider where you want to be during the priority date wait. Some workers prefer staying in their home countries with family. Others want to be in the US building careers and lives.

Evaluate your employer's willingness to support you in either location. Some companies want you in America immediately. Others are fine with overseas assignments during the wait.Think about backup plans. What if your H-1B isn't extended? What if your family situation changes? Having your I-140 approved gives you options even if your immediate plans shift.

Monitor visa bulletins monthly. Priority date movements affect whether adjustment of status or consular processing makes more sense for your timeline.

Documentation and Communication

Managing your case from overseas requires attention to logistics.Ensure USCIS has a reliable mailing address. Many people use their attorney's address for official correspondence. This prevents missed notices if you move internationally.

Set up online account access with USCIS. Case status updates appear electronically, reducing mail delays.Maintain copies of all documents. Keep I-140 approval notices, priority date confirmations, and related paperwork organized and accessible regardless of where you're living.

Communicate regularly with your employer or attorney about your location and plans. They need to know how to reach you and what your timing preferences are.Beyond Border provides comprehensive case management for overseas clients, ensuring all communications and deadlines are handled properly regardless of time zones.

FAQ

Can I file my I-140 petition while living and working outside the United States?

Yes, filing I-140 from overseas is completely legal and common, as USCIS processes petitions regardless of beneficiary location, with your physical presence abroad not affecting eligibility or processing standards in any way.

Who is eligible to file an I-140 petition?

Who is eligible for I-140 includes workers with employer sponsorship and approved PERM for EB-2 or EB-3, individuals self-petitioning for EB-1A extraordinary ability or EB-2 NIW, outstanding researchers with EB-1B offers, and multinational managers with EB-1C transfers.

Can I-140 be filed from India or other countries outside America?

Can I-140 be filed from India and any other country is absolutely yes, as your location doesn't restrict petition filing, though you'll use consular processing rather than adjustment of status for the final green card step after approval.

What is the difference between consular processing and adjustment of status?

Consular processing requires attending visa interviews at US embassies abroad after I-140 approval while adjustment of status allows filing Form I-485 from within America for those maintaining valid immigration status throughout the process.

When can my employer file the I-140 petition?

When can I-140 be filed depends on category, with EB-2 and EB-3 requiring approved PERM labor certification first, while self-petition categories like EB-2 NIW and EB-1A allow filing anytime once you've gathered sufficient qualifying evidence.

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