What Changes After I-140 Approval? 7 Key H-1B Benefits

After I-140 approval, most H-1B workers feel both relief and new confusion: what really changes now, and how should you plan the rest of your green card journey? The good news is that this approval gives you a stronger and more flexible status, especially with your priority date and H-1B extensions beyond six years.

Below is a step-by-step view of what typically happens after I-140 approval, what you should do at each stage, and what to expect from U.S. immigration authorities.

Step 1: Confirm Your Priority Date Is Locked In

Once USCIS approves your Form I-140, Immigrant Petition for Alien Worker (see the official page for Form I-140 here), your priority date is locked in.

• For most workers, the priority date is:
  • The date your employer filed the PERM labor certification, or
  • If no PERM was needed, the date the I-140 was filed.

This date decides your place in line for a green card on the Visa Bulletin. After I-140 approval:

• You can keep this priority date even if:
  • You change employers later.
  • Your current employer withdraws the I-140 after 180 days.
  • Your company closes.

USCIS keeps this date for you, unless the I-140 is revoked for fraud or a fake or invalid labor certification. According to analysis by VisaVerge.com, this priority date retention is one of the most powerful protections you gain from I-140 approval.

Your action now:

• Save copies of your I-140 approval notice and note your priority date.
• Keep these documents for future filings and job changes.

Step 2: Plan H-1B Extensions Beyond Six Years

Normally, H-1B status has a six-year maximum. After I-140 approval, the rules can work in your favor.

Under AC21 §104(c):

• If your priority date is not current, and
• Your I-140 has been approved and not revoked within 180 days,

then you can qualify for three-year H-1B extensions beyond the six-year limit.

This means you can:

• Stay in the United States and keep working while you wait for a green card number.
• Renew your H-1B in three-year blocks as long as your priority date is not current and the I-140 remains valid under the rules.

Your action now:

1. Count how many years of H-1B time you have used.
2. Ask your employer and immigration lawyer to plan for long-term extensions based on the approved I-140.

Step 3: Changing Employers After I-140 Approval

I-140 approval gives you much more job flexibility, but the petition itself does not automatically move with you.

Key points:

• The I-140 does not transfer to a new employer.
• Your priority date does transfer — you keep it.
• A new employer must:
  • Start a new PERM (if required), and
  • File a new Form I-140 in your name.

The new job does not have to be the same as your old job unless you have already filed Form I-485, Application to Register Permanent Residence or Adjust Status (see the official I-485 page here) and are using AC21 portability after your I-485 has been pending 180 days. In that case, the new job must be in the same or similar occupational classification.

What to expect from USCIS:

• When your new employer files a fresh I-140, they can ask USCIS to use your old priority date.
• USCIS will usually honor that date if your earlier I-140 was not revoked for fraud or serious error.

Your action now:

• Before changing jobs, obtain a copy of your I-140 approval notice.
• Confirm with your new employer’s lawyer that they will request priority date retention.

Step 4: H-4 Spouse Work Authorization After I-140 Approval

If you’re on H-1B and married, an approved I-140 can help your spouse work legally in the U.S.

• Your spouse can apply for an H-4 EAD (Employment Authorization Document) by filing Form I-765, Application for Employment Authorization (official page here).
• Once the EAD is approved, your spouse may work in any legal job or start a business.

A major protection: if your I-140 has been approved for at least 180 days, your spouse’s H-4 EAD remains possible even if:

• Your employer later withdraws the I-140, or
• The company shuts down.

Your action now:

• If not already done, your spouse should consult an attorney about applying for H-4 EAD as soon as possible after your I-140 approval.

Step 5: New Employer Timing – No Immediate Rush for PERM/I-140

For employers hiring someone who already has I-140 approval, the immediate timing pressure is lower.

Because you can get H-1B extensions beyond six years based on that approved I-140:

• A new employer does not have to start PERM and I-140 right away.
• They can focus on onboarding and begin the green card process later.

This gives both you and your new employer more flexibility. However, long delays carry risk if laws or company policies change.

Your action now:

• When you receive a job offer, ask:
  • Will the new employer sponsor your green card?
  • When will they start the PERM process?
• Get clear answers in writing when possible.

Step 6: Considering an EB-2 to EB-3 Downgrade

In some years, the EB-3 category moves faster than EB-2 for certain countries. With I-140 approval, you can consider strategies such as:

• Filing a new I-140 in EB-3 using the same labor certification if allowed, or
• Starting a new process aimed at EB-3.

The goal is to use your locked priority date with a different category if that category becomes current first. This “downgrade” is a tactical move to reach a current priority date sooner and file Form I-485.

This does not erase your original I-140.

Your action now:

• Watch the State Department Visa Bulletin each month.
• Discuss EB-2/EB-3 movement for your country of birth with your lawyer.

Step 7: Moving Toward I-485 and the Green Card

The final step after I-140 approval is filing Form I-485 when:

• Your priority date becomes current, and
• A visa number is available under the Visa Bulletin.

When you file I-485:

• You may also file for Advance Parole (travel permit) and an EAD based on the pending I-485.
• After your I-485 is pending for 180 days, you may qualify for job portability to a same-or-similar job.

USCIS explains the adjustment of status process on its employment-based green card page: https://www.uscis.gov/green-card/green-card-processes-and-procedures

Your action now:

• Track your category and country in the Visa Bulletin.
• Prepare civil documents early (birth certificate, marriage certificate, police records if needed) so you’re ready once your date is current.

Key takeaway: Treated wisely, an approved I-140 gives you long-term work security, more job options, and a clear path toward permanent residence.

Practical Timeline Expectations

Exact times vary by country and category, but after I-140 approval, many workers can expect the following:

Final Practical Checklist

• Save your I-140 approval notice and note the priority date.
• Count H-1B time used and plan extensions with your employer/lawyer.
• Obtain a copy of I-140 before job changes and confirm priority-date retention with the new employer’s lawyer.
• Discuss H-4 EAD for your spouse promptly if applicable.
• Monitor the Visa Bulletin monthly for opportunities or category movement.
• Prepare civil documents early so you can file I-485 quickly when your date becomes current.

Each step builds on your I-140 approval. Handled proactively, that approval becomes a durable asset in your journey to permanent residence.