I-140 Approved but I-485 Filing Blocked: Your Options

When your I-140 Immigrant Petition for Alien Worker is approved, you’re one big step closer to a green card. But many people then hit a wall: they still can’t file I-485 Application to Register Permanent Residence or Adjust Status. This usually comes down to the priority date and visa backlogs, and it can be very stressful, especially if your work visa is close to expiring or you want to change jobs.

Below is a clear walkthrough of what happens after I-140 approval, why you might not be able to file I-485 yet, and the practical options you can use while you wait.

Big Picture: Why an Approved I-140 Doesn’t Always Mean You Can File I-485

An approved I-140 means U.S. Citizenship and Immigration Services (USCIS) has accepted that:

• There is a qualifying job offer (unless you’re in a self-petition category like EB-1A or EB-2 NIW), and
• You qualify for the employment-based immigrant category (EB-1, EB-2, EB-3, etc.).

But you can file Form I-485 only when both conditions below are true:

1. A green card is actually available for your category and country of birth, and
2. You are in the United States 🇺🇸 in a status that allows you to adjust status.

Your priority date controls the first condition. It is usually:

• The date your employer filed Form I-140, or
• For PERM-based cases, the date your employer filed the labor certification.

You must wait until your priority date is “current” on the Department of State monthly Visa Bulletin before filing I-485 (unless USCIS authorizes use of the “Dates for Filing” chart and you qualify under that chart).

Step 1: Check if Your Priority Date Is Current

For most people who can’t file I-485, the reason is simple: their priority date is not yet current.

Actions to take:

1. Find your employment category (EB-1, EB-2, EB-3) and your country of birth in the monthly Visa Bulletin.
2. Compare the cutoff date in the chart with your own priority date.
3. If your priority date is earlier than the date in the chart, your date is current and you may be able to file I-485.

Important notes:

• While waiting, you do not lose your I-140 approval. USCIS policy allows an approved I-140 to remain valid for many future green card processes, provided it wasn’t withdrawn early for fraud or similar problems.
• According to analysis by VisaVerge.com, many workers from high-demand countries like India and China may wait years, sometimes more than a decade, between I-140 approval and the chance to file I-485.

Step 2: Staying Lawful While You Wait

An approved I-140 alone does not give you status or work authorization. You must keep lawful status in the U.S. until you can file I-485.

Common status options:

• H-1B status
• L-1 status
• Other temporary work or dependent categories

Key rule for many applicants:

• With an approved I-140 and a pending visa backlog, you may qualify for H-1B extensions beyond the normal 6-year limit, typically in three-year or one-year increments depending on prior approvals.
• These extensions allow you to stay and work lawfully while waiting for your priority date to become current.

Warning:

If you fall out of status, you may lose the ability to adjust status via I-485 and could be forced to pursue consular processing abroad instead.

Step 3: Portability and Changing Employers

You may face a decision to stay with the sponsoring employer or move to a new job. Under the American Competitiveness in the Twenty-First Century Act (AC21), many workers can change employers and still retain I-140 benefits.

Portability highlights:

• You can often keep your priority date from the approved I-140.
• A new employer can file a new I-140 in the same or similar job field.

Requirements and practical points:

• Your original I-140 must be approved.
• You generally should have waited at least 180 days after I-140 approval (or after filing I-485 in other contexts) for stronger portability protections.
• The new job should be in a same or similar occupational classification (e.g., a software developer to senior software engineer typically qualifies; developer to restaurant manager likely does not).

Benefit:

• When your priority date becomes current later, your new employer can sponsor the final green card step using your older priority date — potentially saving years.

Step 4: Filing I-485 When Your Date Is Current

Once the Visa Bulletin shows your priority date as current (or the “Dates for Filing” chart applies), you can file Form I-485 if:

• You are physically in the United States,
• You are in a status that allows adjustment of status, and
• You have no major bars (certain immigration violations, criminal issues, etc.).

When filing I-485 you (and qualifying family members in the U.S.) can usually also file for:

• Employment Authorization (EAD)
• Advance Parole (travel authorization)

Benefits at this stage:

• You’re not strictly tied to your nonimmigrant work visa.
• After your I-485 has been pending 180 days or more, you may qualify for job flexibility under AC21 for “same or similar” positions, even if your sponsoring employer withdraws its support.

For full rules and eligibility, see USCIS guidance via the main USCIS site.

Step 5: You Can File I-485 Later — Retrogression Isn’t Usually Fatal

A common myth: You must file I-485 the moment your priority date becomes current. In most cases, that’s not true.

If your date becomes current and later retrogresses, you can usually file I-485 in a later month when the date becomes current again, provided:

• Your I-140 remains approved, and
• Your employer (or a new employer) still offers a qualifying job.

There is normally no fixed deadline like “file within one year,” though very long delays may raise questions about whether the job offer remains bona fide.

Think of it this way:

• The I-140 is like a “ticket” in line.
• The priority date shows your place in line.
• I-485 is the final step when your spot arrives.

Note: Your I-140 usually retains its priority date even if the original employer later withdraws it, so long as the petition remained approved for a required period and was not revoked for fraud or other disqualifying reasons.

Step 6: Who Does What — USCIS vs. Department of State

Simple breakdown:

• USCIS:
  • Approves or denies your I-140.
  • Decides whether you can file I-485 and then approves or denies I-485.
  • Issues EADs and Advance Parole based on a pending I-485.
• Department of State (DOS):
  • Publishes the monthly Visa Bulletin that determines when your priority date is current.
  • Conducts consular processing abroad for people who cannot or choose not to file I-485 in the U.S.

What you/your representatives must do:

• Track the Visa Bulletin monthly.
• Keep nonimmigrant status valid until I-485 is filed.
• Maintain records of job duties to demonstrate “same or similar” work if needed during job changes.

Step 7: When to Get Legal Help

Employment-based green cards involve many moving parts: I-140, I-485, visa status, job changes, and family members’ status. Consider consulting an experienced immigration lawyer if any of the following apply:

• Your employer wants to withdraw your I-140 and you’re unsure of the consequences.
• You plan to change to a very different job while waiting for your priority date.
• You’ve had gaps in status, unauthorized work, or complex travel issues.
• You are from a country with severe backlogs and expect to wait many years.

A lawyer can review your full immigration history and help plan how to preserve I-140 benefits and safely reach the I-485 stage.

Key takeaway: professional guidance can prevent pitfalls that might otherwise cost years or require consular processing.

Practical Checklist While You Wait to File I-485

To stay organized and protected while waiting after I-140 approval:

• Check the Visa Bulletin every month and note any movement for your category and country.
• Keep your passport, approval notices, and pay records organized and accessible.
• Renew your H-1B or other status on time, using I-140 approval for extensions where allowed.
• Talk openly with your employer about long-term plans so they’re prepared to support the final green card steps.
• Document your job duties and any role changes, in case you must prove “same or similar” work to USCIS.

Each step may feel slow, but understanding how the I-140, I-485, and priority date system works gives you more control and peace of mind while you wait.