7 Key Benefits H-1B Workers Gain After I-140 Approval Beyond Extensions

For many skilled workers in the United States 🇺🇸 on an H-1B visa, getting an approved I-140 petition is a major step toward permanent residency. But the benefits of I-140 approval go far beyond just moving closer to a green card. Thanks to laws like the American Competitiveness in the Twenty-First Century Act (AC21) and recent policy updates, H-1B workers gain several important rights and options after their I-140 is approved. This guide explains the entire process, step by step, from I-140 approval through long-term planning, with clear details on what happens at each stage, what actions are needed, and what to expect from U.S. immigration authorities.

Understanding the I-140 and H-1B Connection

The I-140, officially called the Immigrant Petition for Alien Worker, is a form that an employer (or sometimes the worker, in special cases) files with U.S. Citizenship and Immigration Services (USCIS) to start the green card process. For most H-1B workers, this is the first big step toward becoming a permanent resident. Once the I-140 is approved, it unlocks several new benefits, especially for those facing long waits due to green card backlogs.

Step 1: I-140 Approval—What It Means

When USCIS approves your I-140, it means you have passed the first major hurdle in the employment-based green card process. Your employer (or you, if self-petitioning) has shown that you meet the requirements for the job and that the job fits into a category that allows for permanent residency. This approval is the foundation for everything that follows.

• Estimated timeframe: Regular I-140 processing takes about 7.7 months. If you need it faster, premium processing is available for a fee of $2,805, which brings a decision in just 15 business days. You can find the official I-140 form and instructions on the USCIS website.

Step 2: Checking Your Priority Date

After I-140 approval, your next step is to check your priority date. This is the date your employer filed the labor certification or, in some cases, the I-140 itself. Your priority date determines your place in the green card line. Because there are annual limits on green cards for each country, some workers—especially from India and China—face long waits.

• Action: Check the U.S. Department of State Visa Bulletin each month to see if your priority date is current. If it is not, you cannot file for adjustment of status yet, but you can use your I-140 approval for other benefits.

Step 3: Extending H-1B Status Beyond Six Years

Normally, H-1B status is limited to six years. But with an approved I-140, you can extend your H-1B status in one- or three-year increments if your green card is delayed due to visa backlogs. This is possible under AC21 Sections 104(a) and 104(c).

• How it works: Your employer files Form I-129 (Petition for a Nonimmigrant Worker) with proof of your approved I-140 and evidence that your priority date is not current.
• When to file: It’s best to file for an extension about six months before your current H-1B expires to avoid any gaps in your work authorization.
• What to expect: As long as your green card process is ongoing and your priority date is not current, you can keep renewing your H-1B status indefinitely.

Step 4: Applying for H-4 EAD for Your Spouse

One of the most helpful benefits after I-140 approval is that your H-4 spouse (your husband or wife who is in the U.S. as your dependent) can apply for an Employment Authorization Document (EAD). This allows them to work for any employer, in any job, without restrictions.

• How to apply: Your spouse files Form I-765 (Application for Employment Authorization) with proof of your approved I-140.
• Recent update: As of January 13, 2025, the Department of Homeland Security (DHS) extended the automatic renewal period for EADs from 180 days to 540 days for eligible applicants, including H-4 EAD holders. This helps prevent work gaps during processing delays.
• What to expect: Once approved, your spouse can work legally and help support your family financially.

Step 5: Using Job Portability and Flexibility

With I-140 approval, you are no longer tied to your original employer. Under AC21 Section 105, you can change jobs or employers without losing your place in the green card line, as long as the new job is in the same or similar occupation.

• How it works: If you want to switch employers, the new employer files a new H-1B petition for you, referencing your approved I-140.
• Important note: Your priority date stays the same, so you don’t lose your spot in the green card queue.
• What to expect: This flexibility allows you to seek better opportunities, negotiate for better pay, or move to a new city, all without risking your green card process.

Step 6: Retaining Your Priority Date

Once your I-140 is approved, your priority date is “locked in.” This means that even if your employer withdraws the I-140 or you change jobs, you keep your place in line for a green card.

• Key rule: If your employer withdraws the I-140 within 180 days of approval, USCIS will revoke it and you lose the benefits. But if the withdrawal happens after 180 days, your approval usually remains valid unless there was fraud or a major mistake.
• What to expect: This rule protects you from losing years of waiting time if you need to change jobs or if your employer goes out of business.

Step 7: Self-Petitioning with the National Interest Waiver (NIW)

Some H-1B workers can file their own I-140 without an employer, using the National Interest Waiver (NIW) under the EB-2 category. This is especially useful for those who want more control over their immigration process.

• How it works: You must show that your work benefits the United States 🇺🇸 as a whole and that it’s in the national interest to waive the usual job offer and labor certification.
• Benefits: If approved, you can extend your H-1B beyond six years and move forward in the green card process without depending on an employer.
• What to expect: Many Indian professionals are choosing this route to avoid risks like layoffs or employer withdrawal.

Step 8: Recapturing Time Spent Outside the United States 🇺🇸

If you have spent time outside the United States 🇺🇸 during your H-1B period, you can “recapture” that time and add it back to your total allowed stay.

• How it works: Keep detailed records of all your travel outside the country. When applying for an extension, submit these records to show how much time you were not in the U.S.
• What to expect: This can give you extra months or even years to stay in the U.S. while waiting for your green card.

Step 9: Filing for Adjustment of Status (Form I-485)

Once your priority date becomes current according to the Visa Bulletin, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to become a permanent resident.

• How it works: Submit Form I-485 with all required documents and fees. You can find the official form and instructions on the USCIS website.
• What to expect: After filing, you may receive a work permit and travel document while your application is pending. The final step is the green card approval.

Step 10: Maintaining Lawful Status Throughout the Process

It’s important to keep your H-1B status valid while waiting for your green card. Use AC21 extensions, recapture time, and timely filings to avoid any gaps.

• Action: Always file extension requests and other applications early. Keep copies of all approvals and receipts.
• What to expect: As long as you follow the rules, you can stay and work in the United States 🇺🇸 legally until your green card is approved.

Recent Policy Changes and What They Mean for You

Several recent changes affect H-1B and I-140 holders:

• USCIS processing times: Regular I-140 processing averages 7.7 months, but premium processing is available for $2,805.
• H-1B registration fees: Starting with the 2026 fiscal year, the H-1B registration fee will increase from $10 to $215 per person. Employers should plan for these higher costs.
• EAD renewal period: The automatic extension for EAD renewals is now 540 days, which helps H-4 spouses avoid work gaps.
• Employer withdrawal protections: After 180 days, your I-140 approval is generally safe from employer withdrawal, unless there is fraud or a big mistake.

Expert Advice and Stakeholder Perspectives

Immigration lawyers strongly recommend getting I-140 approval as soon as possible. This gives you more options for H-1B extensions and job changes. Many Indian professionals are now using the NIW self-petition option to avoid being tied to one employer and to reduce the risk of losing their place in the green card line.

Employers are facing higher costs due to increased filing fees, but they benefit from being able to keep skilled workers for longer periods. The Department of Homeland Security and USCIS are working to reduce employment gaps for spouses by extending EAD validity, which helps families stay stable during long waits.

What to Expect from USCIS and Other Authorities

• Processing times: Expect several months for most applications, unless you pay for premium processing.
• Requests for evidence: Sometimes, USCIS may ask for more documents. Respond quickly to avoid delays.
• Interviews: Some green card applicants will have an interview before final approval.
• Communication: USCIS will send notices by mail. Keep your address updated and check your case status online.

Practical Tips for a Smooth Process

• Stay organized: Keep copies of all forms, receipts, and approvals.
• Track deadlines: Mark your calendar for visa expirations, extension windows, and EAD renewals.
• Consult experts: If you have questions or face problems, talk to an immigration attorney.
• Use official resources: For the most accurate information, visit the USCIS H-1B Specialty Occupations page.

Summary of Key Benefits After I-140 Approval

• Unlimited H-1B extensions beyond six years if your green card is delayed.
• Job flexibility—change employers without losing your place in line.
• Priority date retention—keep your spot even if you change jobs or employers.
• Spouse work authorization—your H-4 spouse can work legally.
• Self-petition option—file your own I-140 under NIW if eligible.
• Recapture time—add back time spent outside the U.S.
• Long-term planning—secure your family’s future in the United States 🇺🇸.

Next Steps for H-1B Workers After I-140 Approval

1. Check your priority date and monitor the Visa Bulletin.
2. Plan for H-1B extensions if your green card is delayed.
3. Apply for H-4 EAD for your spouse if eligible.
4. Consider job changes if better opportunities arise.
5. Keep records of all travel and filings.
6. Prepare for adjustment of status when your date becomes current.

As reported by VisaVerge.com, these benefits and steps are more important than ever due to ongoing green card backlogs and changing immigration policies. By understanding each stage and acting early, H-1B workers and their families can make the most of their I-140 approval and move closer to permanent residency in the United States 🇺🇸.

For more details on forms and official updates, always check the USCIS website and talk to a trusted immigration professional if you have questions about your specific situation. This careful planning and attention to detail will help you stay on track and avoid common problems as you move forward in your immigration journey.

Learn Today

I-140 → Immigrant Petition for Alien Worker, a USCIS form to start permanent residency via employment.
AC21 → American Competitiveness in the Twenty-First Century Act allowing H-1B extensions beyond six years.
Priority Date → The filing date determining the applicant’s place in the green card processing queue.
H-4 EAD → Employment Authorization Document for H-4 dependent spouses to work legally in the U.S.
National Interest Waiver → Self-petition option waiving employer sponsorship if work benefits U.S. national interests.

This Article in a Nutshell

I-140 approval unlocks key benefits for H-1B visa holders, including H-1B extensions, spouse work authorization, job flexibility, and priority date retention, enabling long-term U.S. residency planning amid green card backlogs.
— By VisaVerge.com