Next Steps After I-140 Approval When I-485 Is Not Filed Yet

If your I-140 petition has been approved but you haven’t yet filed Form I-485, you’re at a critical stage in your journey to permanent residency in the United States 🇺🇸. This guide will walk you through each step, explain what to expect, and help you make informed decisions about your next actions. The process can feel overwhelming, but understanding each stage will help you move forward with confidence.

Understanding Your Current Status

When your I-140 petition is approved, it means that the U.S. Citizenship and Immigration Services (USCIS) has recognized your eligibility for an employment-based immigrant visa. However, approval of the I-140 alone does not grant you a green card. The next major step is filing Form I-485 (Application to Register Permanent Residence or Adjust Status), but you can only do this when certain conditions are met.

The most important condition is that your priority date must be current. The priority date is the date when your employer filed your labor certification or, if not required, when your I-140 was filed. This date determines your place in line for a green card, and you can only move forward when your date is current according to the monthly Visa Bulletin from the U.S. Department of State.

Step 1: Check If You’re Eligible to File Form I-485

Before you can file Form I-485, you need to confirm two things:

• Your priority date is current:
  Check the latest Visa Bulletin to see if your priority date is current for your visa category and country of chargeability. If your date is not current, you must wait until it becomes current before you can file.

• You are physically present in the United States 🇺🇸:
  Form I-485 can only be filed if you are inside the United States. If you are outside the country, you must use consular processing, which means applying for an immigrant visa at a U.S. embassy or consulate abroad.

If your priority date is not current, your main task is to monitor the Visa Bulletin each month. As soon as your date becomes current, you can move to the next step.

Step 2: Understand Your Options After I-140 Approval

While waiting for your priority date to become current, you have several options and things to consider:

• Wait for your priority date:
  This is the most common situation. Many applicants, especially from countries with high demand like India and China, may wait months or even years for their priority date to become current.

• File Form I-485 when eligible:
  Once your priority date is current, you can file Form I-485. If your I-140 was approved earlier, you file I-485 separately. If your priority date was current at the time of I-140 filing, you could have filed both together (concurrent filing), but since your I-140 is already approved, you’ll file I-485 on its own.

• Consular processing if outside the U.S.:
  If you are not in the United States, you must complete consular processing. This involves submitting your application to the National Visa Center (NVC) and attending an interview at a U.S. consulate or embassy.

• Changing employers:
  If you change employers after your I-140 is approved, you may be able to keep your priority date. However, your new employer will need to file a new I-140 petition for you. You can still file Form I-485 when your priority date is current and you meet all other requirements.

Step 3: Interim Benefits—What You Can and Cannot Do

Many applicants wonder if they can work or travel while waiting to file Form I-485. Here’s what you need to know:

• Employment Authorization Document (EAD):
  You can only apply for an EAD after you file Form I-485. The EAD allows you to work legally in the United States while your green card application is pending.

• Advance Parole (Travel Permit):
  Like the EAD, you can only apply for Advance Parole after filing Form I-485. Advance Parole lets you travel outside the United States and return while your application is being processed.

• Maintaining valid status:
  Until you file Form I-485, you must maintain your current nonimmigrant status (such as H-1B, L-1, or F-1) if you are in the United States. If your status expires before you can file I-485, you may lose eligibility to adjust status.

Step 4: Processing Times—What to Expect

Understanding how long each step takes can help you plan better:

• I-140 petition:
  Regular processing for I-140 petitions takes about 7.7 months on average. Premium processing is available for many employment-based categories, providing a decision in 15 to 45 days. Since your I-140 is already approved, you can skip this step.

• Form I-485:
  As of mid-2025, the median processing time for employment-based I-485 applications is about 6.9 months. This timeframe can vary depending on your local USCIS office and your specific case.

• Concurrent filing:
  If your priority date is current and you file I-140 and I-485 together, it can speed up the process. However, since your I-140 is already approved, you will file I-485 separately when eligible.

Step 5: Step-by-Step Breakdown of the I-485 Filing Process

Once your priority date is current and you are physically present in the United States, you can begin the I-485 process. Here’s a detailed breakdown:

1. Check the Visa Bulletin:
   Go to the Visa Bulletin and confirm your priority date is current for your category and country.

2. Gather required documents:

   • Your approved I-140 notice
   • Proof of your current lawful status in the United States
   • Medical examination report (Form I-693, which you can find here)
   • Birth certificate, passport, and other identity documents
   • Employment verification letter and other supporting evidence
3. Complete and file Form I-485:
   • Download the latest version of Form I-485 from the USCIS website.
   • Fill out the form carefully, attach all required documents, and pay the appropriate filing fee.
   • Mail your application to the correct USCIS address listed in the instructions.
4. Apply for EAD and Advance Parole (optional but recommended):
   • Submit Form I-765 for work authorization and Form I-131 for travel permission along with your I-485 application.
   • These forms are optional, but most applicants file them to avoid work or travel interruptions.
5. Attend biometrics appointment:
   • USCIS will send you a notice for a biometrics appointment.
   • At this appointment, you’ll provide fingerprints, a photo, and a signature for background checks.
6. Attend adjustment of status interview (if required):
   • USCIS may schedule an interview to review your application and confirm your eligibility.
   • Not all applicants are called for interviews, but you should be prepared.
7. Receive a decision:
   • USCIS will send you a written decision.
   • If approved, you’ll receive your green card in the mail.
   • If denied, the notice will explain the reasons and your options for appeal or motion.

Step 6: What Happens After Filing Form I-485

After you file Form I-485, several things happen:

• Receipt notice:
  USCIS will send you a receipt notice confirming they have received your application.

• Biometrics appointment:
  You’ll get a notice for your biometrics appointment, usually within a few weeks.

• EAD and Advance Parole:
  If you applied for these, you’ll typically receive them within 2-4 months after filing.

• Interview (if required):
  Some applicants are called for an interview, while others are not. If you are called, bring all original documents and be ready to answer questions about your application.

• Decision:
  Once USCIS completes its review, you’ll receive a decision. If approved, you become a lawful permanent resident and will get your green card.

Step 7: Special Situations and Practical Advice

• If your priority date retrogresses:
  Sometimes, after you file I-485, the Visa Bulletin changes and your priority date is no longer current. If this happens, your application will be put on hold until your date becomes current again. You can still keep your EAD and Advance Parole during this time.

• If you change employers:
  If you change jobs after filing I-485 and your application has been pending for at least 180 days, you may be able to use “portability” rules to keep your green card process moving. The new job must be in the same or similar occupation as your original job offer.

• Maintaining status:
  Until you file I-485, you must keep your current nonimmigrant status valid. If your status expires before you can file, you may lose your chance to adjust status.

• Consular processing:
  If you are outside the United States, you cannot file Form I-485. Instead, you must complete consular processing through the National Visa Center and attend an interview at a U.S. consulate or embassy.

Step 8: Recent Policy Updates and What They Mean for You

As of July 2025, there have been no major changes to the eligibility rules or filing process for Form I-485 after I-140 approval. Premium processing continues to be available for many I-140 categories, which can speed up the approval of your petition but does not affect I-485 processing times.

The Visa Bulletin continues to move based on demand and country-specific limits. Applicants from India and China in the EB-2 and EB-3 categories often face longer waits due to high demand.

Step 9: Expert Tips for a Smooth Process

• Monitor the Visa Bulletin every month:
  This is the best way to know when your priority date becomes current.

• Prepare your I-485 package in advance:
  Gather all documents and fill out forms ahead of time so you can file quickly when eligible.

• File for EAD and Advance Parole with your I-485:
  This gives you the ability to work and travel while waiting for your green card.

• Keep your nonimmigrant status valid:
  Don’t let your visa or status expire before you file I-485.

• Consult an immigration attorney:
  If you have any doubts or special circumstances, professional advice can help you avoid mistakes.

Step 10: Resources and Where to Get Help

• USCIS Official Website:
  For the latest forms, instructions, and case status updates, visit the USCIS website.

• Visa Bulletin:
  Check the Visa Bulletin each month for priority date updates.

• National Visa Center:
  For consular processing, visit the NVC website.

• Legal Assistance:
  Seek help from accredited immigration attorneys or recognized organizations for personalized advice.

• USCIS Contact Center:
  Call 1-800-375-5283 for case-specific questions.

As reported by VisaVerge.com, staying organized and proactive is the best way to avoid delays and make the most of your approved I-140 petition. Filing Form I-485 as soon as you are eligible not only moves you closer to permanent residency but also gives you important benefits like work and travel authorization while you wait.

Final Takeaways and Next Steps

• If your priority date is not current:
  Keep your status valid, monitor the Visa Bulletin, and prepare your documents.

• If your priority date is current and you are in the United States:
  File Form I-485, along with Forms I-765 and I-131 if you want work and travel permission.

• If you are outside the United States:
  Begin consular processing through the National Visa Center.

• If you change employers:
  Make sure your new employer files a new I-140 and check if you can keep your priority date.

• If you have questions or special situations:
  Consult an immigration attorney for guidance.

The journey from I-140 approval to green card can be long and sometimes stressful, but knowing what to expect and taking the right steps at each stage will help you reach your goal. Stay informed, keep your documents ready, and act quickly when your priority date becomes current. This approach will give you the best chance of a smooth and successful transition to permanent residency in the United States 🇺🇸.

Learn Today

I-140 Petition → An employment-based immigrant petition approved by USCIS to start the permanent residency process.
Form I-485 → Application to register permanent residence or adjust status to become a green card holder.
Priority Date → The date USCIS uses to determine your place in line for green card processing.
Employment Authorization Document (EAD) → A permit that allows you to work legally in the U.S. while your green card is pending.
Advance Parole → A travel permit allowing reentry to the U.S. during your pending green card application.

This Article in a Nutshell

After I-140 approval, filing Form I-485 is the next crucial step to adjust your status. Confirm your priority date is current, gather documents, and understand interim benefits. Stay informed with Visa Bulletin updates, maintain valid status, and consider expert advice to smoothly progress toward permanent residency in the U.S.
— By VisaVerge.com