Key Benefits of an Approved I-140 Beyond H-1B Extensions

If you’re considering your options for permanent residency in the United States 🇺🇸 through employment, understanding the benefits and requirements of an approved I-140 petition is essential. Many people know that an approved I-140 can help extend H-1B status beyond the usual six-year limit, but there are several other important advantages. This guide will help you quickly determine if you qualify for these benefits, what you need to meet the requirements, what might disqualify you, and what to do if you’re not eligible right now. You’ll also find practical tips and examples to help you make the best decisions for your immigration journey.

Who Qualifies for the Benefits of an Approved I-140?

To enjoy the full range of benefits that come with an approved I-140, you must meet certain requirements:

• You must have an approved I-140 petition filed by a U.S. employer on your behalf. The I-140 is the “Immigrant Petition for Alien Worker,” and it’s a key step in the employment-based green card process. You can find the official Form I-140 here.
• You must be in a qualifying employment-based green card category. Most commonly, these are EB-1, EB-2, or EB-3 categories, which cover workers with extraordinary ability, advanced degrees, or skilled workers.
• You must have a valid Priority Date. This is the date when your employer filed the labor certification (if required) or the I-140 petition. The Priority Date determines your place in line for a green card.
• You must maintain your underlying nonimmigrant status (like H-1B) if you’re in the United States 🇺🇸, or be eligible for Consular Processing if you’re outside the country.

If you meet these requirements, you can take advantage of the benefits described below. If you’re not sure about your category or Priority Date, check your I-140 approval notice or ask your employer’s immigration attorney.

Detailed Requirements and Benefits Explained

Let’s break down the main benefits of having an approved I-140, along with the specific requirements for each:

1. Establishing and Keeping Your Priority Date

• What it means: The Priority Date is your “place in line” for a green card. When your I-140 is approved, your Priority Date is locked in.
• Why it matters: For people from countries with long green card wait times (like India 🇮🇳 or China 🇨🇳), keeping your Priority Date is critical. Even if you change jobs, you can keep your original Priority Date as long as you have an approved I-140.
• Example: Priya, an H-1B worker from India 🇮🇳, has an I-140 approved in 2022. In 2025, she gets a new job. Her new employer files a new I-140, but she keeps her 2022 Priority Date, so she doesn’t lose her place in line.

2. Eligibility to File for Adjustment of Status (I-485) or Consular Processing

• What it means: Once your Priority Date is current (meaning your place in line is reached), you can file Form I-485 to become a permanent resident if you’re in the United States 🇺🇸. If you’re outside the country, you can start consular processing to get an immigrant visa.
• Requirement: Your I-140 must be approved, and your Priority Date must be current according to the Visa Bulletin.
• Example: Miguel, an H-1B worker from Mexico 🇲🇽, checks the Visa Bulletin and sees his Priority Date is current. He files Form I-485 and waits for his green card.

3. Access to Interim Benefits: EAD and Advance Parole

• What it means: If you’ve filed Form I-485 and it’s pending, you can apply for an Employment Authorization Document (EAD) and Advance Parole. These let you work and travel while waiting for your green card.
• Requirement: You must have an approved I-140 and a pending I-485 application.
• Example: Sara files her I-485 after her I-140 is approved. She gets an EAD and Advance Parole, so she can work for any employer and travel outside the United States 🇺🇸 while her green card is processed.

4. Extending H-1B Status Beyond Six Years

• What it means: Normally, H-1B status is limited to six years. With an approved I-140, you can extend your H-1B in one-year increments if your green card process is delayed due to visa backlogs.
• Requirement: You must have an approved I-140 and be waiting for your Priority Date to become current.
• Example: Raj’s six years of H-1B are almost up, but his Priority Date isn’t current yet. Because he has an approved I-140, he can keep renewing his H-1B every year until he gets his green card.

5. Portability of Priority Date and Job Change Flexibility

• What it means: If you change employers, you can keep your Priority Date from your approved I-140. The new employer must file a new I-140, but you don’t lose your place in line.
• Requirement: The new job must be in the same or similar occupation as the original I-140.
• Example: Anita changes jobs after her I-140 is approved. Her new employer files a new I-140, but she keeps her original Priority Date, so her green card wait time doesn’t start over.

6. Premium Processing for Faster Decisions

• What it means: You can pay an extra fee ($2,805 in 2025) for premium processing of your I-140. This means you’ll get a decision in 15 to 45 business days, instead of waiting the usual 7.7 months.
• Requirement: Not all I-140 categories are eligible for premium processing, so check the USCIS Premium Processing page for details.
• Example: John’s employer needs a quick decision on his I-140 because his H-1B is about to expire. They pay for premium processing and get a decision in three weeks.

7. Benefits for Family Members

• What it means: An approved I-140 can help your spouse and children get dependent visas (like H-4) and eventually green cards as your “derivatives.”
• Requirement: Your I-140 must be approved, and your family must meet all other eligibility rules.
• Example: Maria’s I-140 is approved, and her husband and children get H-4 visas. When Maria files her I-485, her family can file theirs too.

Disqualifying Factors

You may not qualify for these benefits if:

• Your I-140 is denied or withdrawn before approval.
• You lose your job before the I-140 is approved and your employer withdraws the petition.
• You do not maintain your underlying nonimmigrant status (like H-1B) if you’re in the United States 🇺🇸.
• You change to a job that is not in the same or similar occupation as your original I-140.
• You miss important deadlines, such as filing I-485 within the allowed time after your Priority Date becomes current.

Alternative Options if Not Eligible

If you don’t qualify for I-140 benefits right now, consider these alternatives:

• Explore other employment-based categories: Some people may qualify for EB-1 (extraordinary ability), EB-2 National Interest Waiver, or other categories.
• Family-based immigration: If you have close relatives who are U.S. citizens or green card holders, they may be able to sponsor you.
• Student or other nonimmigrant visas: If you’re not eligible for H-1B or I-140, you might qualify for a student (F-1) or other work visa.
• Reapply or appeal: If your I-140 was denied, you may be able to appeal or refile with stronger evidence.

How to Improve Your Chances

• Work with experienced immigration attorneys: They can help you avoid mistakes and make sure your I-140 is filed correctly.
• Keep good records: Save all notices, receipts, and communications related to your I-140, H-1B, and Priority Date.
• Monitor the Visa Bulletin: Check monthly to see when your Priority Date is current.
• Consider premium processing: If timing is important, paying for premium processing can speed up your case.
• Plan job changes carefully: Make sure your new job is in the same or similar occupation, and that your new employer files a new I-140 quickly.

Key Takeaways and Next Steps

• An approved I-140 offers many benefits beyond just extending H-1B status, including locking in your Priority Date, allowing for job flexibility, and helping your family.
• Always check official sources like the USCIS Processing Times page for the latest updates.
• If you’re unsure about your eligibility, talk to your employer’s immigration attorney or a trusted immigration professional.

As reported by VisaVerge.com, securing an approved I-140 early in your career can make a big difference in your green card journey, especially if you’re from a country with long wait times. By understanding the requirements and planning ahead, you can make the most of your opportunities and avoid common pitfalls.