I-140 Approved: What Happens Next for Indian EB Applicants

I-140 (Immigrant Petition for Alien Workers) approval is Stage 2 of the employment-based green card process. It means USCIS has determined that you qualify for the specific EB category your employer petitioned. But for Indian EB applicants, this is far from the end of the road.

What I-140 approval does NOT mean

The priority date: your most important number

Your priority date is the date that determines your place in the EB green card queue. For most Indian EB-2 and EB-3 applicants, this date was set years ago — and they are still waiting. Check the current State Department visa bulletin to understand where your priority date stands relative to the cutoff dates.

See: Priority date explained

H1B extensions beyond 6 years

One of the most immediately valuable effects of I-140 approval for Indian H1B workers is the ability to extend H1B beyond the standard 6-year cap:

What to do immediately after I-140 approval

1. 1
   Note your I-140 approval notice receipt date — this may affect AC21 portability timing (180 days).
2. 2
   Confirm your priority date with your employer's attorney — it should appear on both the PERM and the I-140 approval notice.
3. 3
   Begin monitoring the monthly visa bulletin at travel.state.gov — both the Final Action Date and Date for Filing charts.
4. 4
   Discuss H1B extension strategy with your attorney — given your priority date, plan extensions accordingly.
5. 5
   Ask your employer about any plans to withdraw the I-140 — understand what their policy is and what protections you have.
6. 6
   If you are approaching the 180-day mark post-approval, understand your AC21 portability rights before making any job changes.

What AC21 portability means at this stage

Once your I-140 has been approved for 180 days, you gain green card portability under AC21 — meaning if you later change employers, the approved I-140 continues to support your green card application as long as the new job is in a same or similar occupational classification. This significantly reduces the risk of changing jobs while the green card process is pending.

See: AC21 portability explained

Frequently asked questions

My I-140 was approved years ago. Can I still use it?

Generally yes — as long as your priority date becomes current and the I-140 was not withdrawn/revoked, it remains valid. An I-140 approved for 180+ days and then withdrawn by the employer can still support your application under AC21 if you are in a same or similar occupation. Consult your attorney.

Can my employer withdraw my I-140 after approval?

Yes, unless the I-140 has been approved for 180+ days, in which case a withdrawal by the employer generally does not affect your ability to use it for H1B extensions and eventual I-485 filing (subject to AC21 conditions). After 180 days, the I-140 retains its value for your use even if the employer withdraws it.

Do I need a new I-140 if I change employers?

Not necessarily. Under AC21, if your I-140 was approved for 180+ days and you move to a same or similar occupation, you can port the I-140 to a new employer's sponsorship. Your new employer does NOT need to restart the PERM and I-140 process for the ported petition. However, some employers choose to file a new PERM and I-140 anyway for additional protection. Consult your attorney.