What Happens to Your I-140 Petition If You Leave the U.S.?

If you have filed or received approval for Form I-140 (Immigrant Petition for Alien Worker) and are considering leaving the United States 🇺🇸, it’s natural to wonder what happens next. The process can feel overwhelming, but understanding each step and knowing what to expect can help you make informed decisions. Here’s a detailed, step-by-step guide to what happens to your I-140 if you leave the United States, including what actions you need to take, what your employer must do, and what you can expect from immigration authorities.

Understanding the I-140 Petition and Its Importance

The I-140 is a key step in the employment-based green card process. It’s a petition your employer files with U.S. Citizenship and Immigration Services (USCIS) to show that you qualify for a permanent job in the United States 🇺🇸. Once approved, the I-140 gives you a “priority date,” which is your place in line for a green card. This date is very important, especially for people from countries with long wait times.

What Happens to Your I-140 If You Leave the United States?

1. The I-140 Petition Remains Valid—With Conditions

• Validity:
  If USCIS approves your I-140, it stays valid unless your employer withdraws it or USCIS revokes it for a specific reason. Simply leaving the United States 🇺🇸 does not cancel your approved I-140.
• Employer’s Role:
  The I-140 is usually tied to your employer. If your employer continues to support your petition and the job offer is still available, your I-140 remains valid. If your employer withdraws support or the job offer is no longer available, the petition can be withdrawn and become invalid.
• Exceptions:
  Some categories, like EB-1A (for people with extraordinary ability) or National Interest Waiver, allow you to file the I-140 on your own. In these cases, you’re not tied to an employer.

2. Your Options: Adjustment of Status vs. Consular Processing

After your I-140 is approved, you have two main ways to get your green card:

• Adjustment of Status (AOS):
  This is for people already in the United States 🇺🇸. You file Form I-485 to “adjust” your status from temporary to permanent resident.
• Consular Processing:
  If you’re outside the United States 🇺🇸, or if you leave before filing I-485, you must apply for your immigrant visa at a U.S. consulate in your home country.

What If You Leave the United States After I-140 Approval?

• If You Have NOT Filed I-485:
  You can leave the United States 🇺🇸. Your I-140 remains valid as long as your employer supports it. You’ll need to complete consular processing at a U.S. embassy or consulate abroad when your priority date becomes current.
• If You Have Filed I-485 (Adjustment of Status):
  If you leave the United States 🇺🇸 without getting “advance parole” (a special travel document), your I-485 will be considered abandoned and denied. You’ll lose your chance to adjust status inside the United States 🇺🇸 and must start consular processing abroad.

Step-by-Step Breakdown: The Journey After I-140 Approval

Let’s walk through the process, from I-140 approval to getting your green card, focusing on what happens if you leave the United States 🇺🇸.

Step 1: I-140 Petition Approval

• Estimated Timeframe:
  Regular processing takes about 7.7 months as of mid-2025. Premium processing (for an extra fee) can get you a decision in about 21 days for most categories.
• Required Actions:
  • Your employer files the I-140 with USCIS.
  • If a labor certification (PERM) is required, your employer must file the I-140 within 180 days of PERM approval.
• What to Expect:
  • USCIS will review your petition and supporting documents.
  • If approved, you get a priority date and can move to the next step when your date becomes current.

Step 2: Deciding Whether to Stay or Leave the United States

• If You Stay:
  You can file Form I-485 (Adjustment of Status) when your priority date is current.
• If You Leave:
  Your I-140 remains valid if your employer supports it. You cannot file I-485 from outside the United States 🇺🇸. Instead, you’ll use consular processing.

Step 3: If You Have a Pending I-485 and Need to Travel

• Advance Parole (Form I-131):
  If you have filed I-485 and want to travel, you must apply for advance parole before leaving.
  • Form I-131, Application for Travel Document
  • Without advance parole, your I-485 will be denied as “abandoned.”
• What to Expect:
  • Advance parole takes several months to process.
  • If approved, you can travel and return to the United States 🇺🇸 without losing your I-485 application.

Step 4: Consular Processing Abroad

If you leave the United States 🇺🇸 before filing I-485, or if your I-485 is denied because you left without advance parole, you must complete consular processing.

• How It Works:
  • After I-140 approval, your case is sent to the National Visa Center (NVC).
  • The NVC contacts you when your priority date is current.
  • You submit required documents and fees.
  • You attend an interview at a U.S. consulate or embassy in your home country.
• Estimated Timeframe:
  • The timeline depends on visa availability and how quickly you submit documents.
  • The interview is usually scheduled a few months after the NVC receives everything.
• Required Actions:
  • Respond quickly to NVC requests.
  • Gather civil documents (birth certificate, police certificates, etc.).
  • Complete the DS-260 online immigrant visa application.
  • Attend the medical exam and consular interview.
• What to Expect:
  • If approved, you receive an immigrant visa in your passport.
  • You can travel to the United States 🇺🇸 and become a permanent resident upon entry.

Step 5: Employer Withdrawal or Changes

• If Your Employer Withdraws the I-140:
  • If your I-140 is withdrawn before 180 days after approval, you lose the petition and your priority date.
  • If it’s withdrawn after 180 days, you may keep your priority date for future petitions.
• Changing Employers:
  • If you have an approved I-140 and a pending I-485 for at least 180 days, you may be able to change jobs under the “portability” rules (AC21).
  • This only applies if you’re still in the United States 🇺🇸 and your new job is similar to the original one.

Step 6: Monitoring Your Priority Date

• Visa Bulletin:
  • The U.S. Department of State releases a monthly Visa Bulletin showing which priority dates are current.
  • You can only move forward with consular processing or adjustment of status when your priority date is current.
• What to Expect:
  • Some countries and categories have long wait times.
  • Keep checking the Visa Bulletin and stay in touch with your employer or attorney.

Step 7: Final Steps—Becoming a Permanent Resident

• After Consular Interview Approval:
  • You receive an immigrant visa in your passport.
  • You must enter the United States 🇺🇸 before the visa expires (usually within six months).
  • After entry, you become a lawful permanent resident (green card holder).
  • Your green card is mailed to your U.S. address.

Key Points to Remember Throughout the Process

• Your I-140 is tied to your employer (unless you self-petitioned). If your employer withdraws support, your petition may become invalid.
• Leaving the United States 🇺🇸 does not cancel your I-140. You can still pursue your green card through consular processing.
• If you have a pending I-485, don’t leave the United States 🇺🇸 without advance parole. Doing so will cause your application to be denied.
• Premium processing speeds up I-140 decisions but does not change the rules about leaving the country.
• Labor certifications (PERM) expire after 180 days. Your employer must file the I-140 within this window.
• No recent policy changes (2024-2025) affect I-140 validity if you leave the United States 🇺🇸.

Practical Tips for a Smooth Process

• Stay in close contact with your employer. Make sure they are willing to keep your I-140 active if you leave the United States 🇺🇸.
• Keep copies of all your documents. This includes I-140 approval notices, PERM certifications, and any correspondence from USCIS or the NVC.
• Respond quickly to requests from the NVC or consulate. Delays can slow down your case.
• Consult an immigration attorney. Immigration rules can be complex, and an attorney can help you avoid mistakes.
• Monitor the Visa Bulletin. This helps you know when you can move forward with your case.

What Employers Need to Know

• Employers play a key role in the I-140 process. They must support the petition and keep the job offer open.
• If the employee leaves the United States 🇺🇸, the employer can still keep the I-140 active as long as the job offer remains.
• Employers should notify USCIS if they withdraw support. This can affect the employee’s ability to get a green card.

What to Expect from USCIS and the National Visa Center

• USCIS:
  • Reviews and decides on the I-140 petition.
  • Provides official guidance that an approved I-140 remains valid unless withdrawn or revoked.
  • Offers premium processing for faster decisions.
• National Visa Center (NVC):
  • Handles your case after I-140 approval if you’re doing consular processing.
  • Collects documents and fees.
  • Schedules your consular interview.

For more information, you can visit the official USCIS I-140 page, which provides up-to-date details on the form, instructions, and processing times.

Frequently Asked Questions

Q: Can I keep my priority date if I leave the United States 🇺🇸?
A: Yes, as long as your I-140 is approved and not withdrawn before 180 days, you keep your priority date. This is important for future green card applications.

Q: What happens if my employer withdraws my I-140 after I leave?
A: If the withdrawal happens after 180 days of approval, you may still keep your priority date for a new petition. If it’s before 180 days, you lose the petition and the priority date.

Q: Can I change employers after I-140 approval?
A: If you have a pending I-485 for at least 180 days, you may be able to change jobs under portability rules, but only if you’re still in the United States 🇺🇸.

Q: Are there any recent changes to these rules?
A: As reported by VisaVerge.com, there have been no recent policy changes in 2024-2025 that affect the validity of an approved I-140 if you leave the United States 🇺🇸.

Actionable Takeaways

• If you plan to leave the United States 🇺🇸 after I-140 approval, make sure your employer will keep the petition active.
• If you have a pending I-485, apply for advance parole before traveling.
• If you haven’t filed I-485, prepare for consular processing in your home country.
• Keep track of your priority date and watch the Visa Bulletin.
• Consult an immigration attorney to avoid costly mistakes.

Official Resources for Further Help

• USCIS I-140 Information
• USCIS Case Processing Times
• National Visa Center Consular Processing
• Form I-131, Application for Travel Document

By following these steps and staying informed, you can keep your green card journey on track—even if you leave the United States 🇺🇸 after I-140 approval. The process may seem long, but with careful planning and support from your employer, you can achieve your goal of permanent residency.

Learn Today

I-140 → A petition filed by employers to establish eligibility for employment-based green cards.
Adjustment of Status → Process to change from temporary visa to permanent residency within the United States.
Consular Processing → Applying for an immigrant visa at a US embassy or consulate abroad after I-140 approval.
Advance Parole → Travel authorization document allowing I-485 applicants to leave and re-enter the US without abandoning application.
Priority Date → The date of filing I-140 that determines one’s place in the green card queue.

This Article in a Nutshell

Leaving the United States after I-140 approval doesn’t cancel your petition. Maintain employer support and complete consular processing or file advance parole to protect your green card path. Understanding steps avoids disruptions during this complex immigration journey.
— By VisaVerge.com