Employment and Visa Obligations After I-140 Approval with Uncurrent Priority Date

If your Form I-140 (Immigrant Petition for Alien Worker) has been approved but your priority date is not current, it’s important to know exactly what you must do to keep your green card process on track. This guide will help you quickly figure out if you meet the requirements, what you need to do, and what happens if you don’t. You’ll also find examples, common mistakes, and tips to improve your chances of success.

Do You Qualify to Stay in the United States 🇺🇸 After I-140 Approval but Before Priority Date Is Current?

YES, if you meet ALL of these requirements:

• You maintain valid nonimmigrant visa status (like H-1B, L-1, O-1, etc.)
• You keep working for the employer who filed your I-140 in the same or similar job described in your petition
• You do not violate the terms of your visa (for example, you don’t work for another employer without proper authorization)
• Your employer does not withdraw your I-140 before it’s been approved for 180 days

NO, if any of these apply:

• You let your visa status expire or fall out of status
• You quit or lose your job with the sponsoring employer before your I-140 has been approved for 180 days and before you file Form I-485
• You work in a different job or for a different employer without meeting portability rules
• Your I-140 is withdrawn before 180 days of approval and you have not filed Form I-485

Let’s break down each requirement and what it means for you.

1. Priority Date and Visa Availability: What Does It Mean?

Your priority date is the date when your employer filed your I-140 petition or, if required, the date your labor certification (PERM) was filed. This date is your “place in line” for a green card in categories that have yearly limits.

• You cannot file Form I-485 (Adjustment of Status) until your priority date is “current.” This means your date must be earlier than the date listed in the Department of State’s monthly Visa Bulletin.
• If your priority date is not current, you must wait. You cannot become a permanent resident yet.

Example:
Priya’s employer filed her I-140 on January 5, 2023. Her priority date is January 5, 2023. The Visa Bulletin shows that for her country and category, only people with priority dates before December 1, 2022, can file I-485. Priya must wait until the bulletin moves forward.

2. Employment and Visa Status Obligations

You must keep your visa status valid.
If you’re in the United States 🇺🇸 on a work visa (like H-1B or L-1), you must follow all the rules of that visa. If your visa expires or you stop working for your sponsor without proper steps, you could lose your right to stay.

You must keep working for your sponsoring employer.
The I-140 is tied to the job and employer listed in your petition. If you leave this job before your I-140 has been approved for 180 days and before you file I-485, your petition could be revoked.

Example:
Carlos is on an H-1B visa. His I-140 is approved, but his priority date is not current. He keeps working for his employer and renews his H-1B as needed. He does not change jobs or let his visa expire.

3. What If You Want to Change Jobs? (Portability Rules)

Portability means you can change jobs without losing your green card process, but only in certain cases.

• If your I-140 has been approved for at least 180 days AND you have filed Form I-485, you may change to a “same or similar” job with a new employer. This is allowed under INA 204(j).
• If your priority date is not current and you have NOT filed I-485, you cannot use portability yet. If you change jobs, your new employer must file a new I-140 for you.

Example:
Mei’s I-140 was approved 200 days ago, but her priority date is not current. She has not filed I-485. She gets a job offer from another company. She cannot use portability yet. If she wants to take the new job, her new employer must start the green card process again.

4. What Happens If Your Employer Withdraws the I-140?

• If your I-140 has been approved for less than 180 days and your employer withdraws it, your petition will likely be revoked. You lose your place in line and must start over.
• If your I-140 has been approved for more than 180 days, USCIS usually will not revoke it if your employer withdraws. You keep your priority date and can use it for future petitions.

Example:
Sam’s I-140 was approved 190 days ago. His employer goes out of business. Sam keeps his priority date and can use it if a new employer files a new I-140 for him.

5. Visa Status Extensions While Waiting

If your I-140 is approved but your priority date is not current, you can often extend your work visa (like H-1B) beyond normal limits.

• H-1B workers: You can get one-year extensions if your priority date is not current, thanks to AC21 rules.
• Other visas: Rules vary, but many allow extensions based on an approved I-140.

Example:
Amit is on H-1B. He’s been in the United States 🇺🇸 for six years. His I-140 is approved, but his priority date is not current. He applies for a one-year H-1B extension using his approved I-140.

6. Disqualifying Factors: What Can Go Wrong?

• Letting your visa status lapse: If you overstay or violate your visa, you may be out of status and could face removal.
• Changing jobs too soon: If you leave your sponsoring employer before your I-140 is approved for 180 days and before filing I-485, your petition may be revoked.
• Employer withdraws I-140 too early: If your employer withdraws the petition before 180 days of approval, you lose your place in line.
• Not following visa rules: Working for another employer or in a different job without proper steps can endanger your process.

7. Alternative Options If You Don’t Qualify

If you lose your I-140 or can’t keep your visa status, here are some options:

• Find a new employer willing to sponsor you: You can start a new green card process and may be able to keep your old priority date if your I-140 was approved for 180+ days.
• Switch to another visa type: If eligible, you might change to a student visa (F-1), dependent visa (H-4), or another status.
• Leave the United States 🇺🇸 and re-enter later: If you can’t maintain status, you may need to leave and try again in the future.

8. How to Improve Your Chances

• Stay in close contact with your employer and immigration lawyer.
• Renew your visa on time and keep all documents up to date.
• Monitor the Visa Bulletin every month to see when your priority date becomes current.
• Consider premium processing for your I-140 to speed up approval, which can help with visa extensions and job security. You can learn more about premium processing and check the latest I-140 processing times on the USCIS I-140 page.
• Don’t change jobs or employers until you’re sure you meet portability rules.

9. Recent Policy and Processing Updates

• USCIS I-140 processing times are about 7.7 months for regular processing and 15-21 days for premium processing as of mid-2025.
• Visa Bulletin backlogs are still long for some countries, especially India 🇮🇳 and China 🇨🇳, in the EB-2 and EB-3 categories.
• USCIS confirmed that after 180 days of I-140 approval, withdrawal by the employer does not revoke the petition, so you keep your priority date.

As reported by VisaVerge.com, experts stress the importance of keeping your visa status valid and staying with your sponsoring employer until you can file I-485. Employers are encouraged to file I-140 petitions early to help employees secure their place in line.

Key Takeaways and Next Steps

• Keep your visa status valid and work for your sponsoring employer.
• Do not change jobs or let your visa expire until you meet all requirements.
• Watch the Visa Bulletin and be ready to file I-485 when your priority date is current.
• If you’re unsure, talk to an immigration attorney for advice on your specific case.

For the most accurate and current information, always check the USCIS I-140 page and the Visa Bulletin. These official resources will help you track your priority date, visa status, and next steps in your green card journey.