Visa & Green Card

I-140 Approved — What Next?

Priority date, when you can file I-485, H-1B extensions, and job changes — what an approved I-140 really means for Indians.

  • Priority date
  • I-485
  • H-1B AC21
When can I file I-485? →

Educational estimate only. Not legal, tax, immigration, or financial advice. Full disclaimer below.

Getting your I-140 approved is a big milestone — but for Indian applicants it is the start of the longest wait, not the finish line. Here is exactly what it unlocks and what you do next.

  1. 📌

    1. Your priority date is locked in

    I-140 approval fixes your priority date (your PERM filing date). This is your permanent place in the green card line — keep the approval notice safe.

  2. 📅

    2. Watch the Visa Bulletin

    You can file I-485 only when your priority date is current under the chart USCIS honors that month. For India EB-2/EB-3 this is usually a multi-year wait.

  3. 🛡️

    3. H-1B extensions beyond 6 years

    An approved I-140 pending 180+ days generally supports 3-year H-1B extensions when your priority date is not current (AC21). It is what keeps H-1B renewable while you wait.

  4. 🔄

    4. Changing jobs

    After I-140 approval you can often keep your priority date even if you switch employers. Don't let the old employer withdraw the I-140 after 180 days — it protects your date and extensions.

  5. 📥

    5. File I-485 when current

    When your date is current, you (and dependents) file I-485 to adjust status, and can apply for EAD and Advance Parole. Confirm the timing with your attorney.

Before any job change: talk to an immigration attorney about AC21 portability, priority date retention, and keeping your I-140 intact — the 180-day rule and your specific facts matter a lot. This page is educational only and not legal advice.

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Frequently asked questions

My I-140 is approved — can I file I-485 now?

Only if your priority date is current in the Visa Bulletin under the chart USCIS is honoring that month. For India EB-2/EB-3, approval usually leads to a multi-year wait before I-485 can be filed.

What is my priority date after I-140 approval?

It is the date DOL received your PERM — now locked in by the I-140 approval. It marks your place in line; when the Visa Bulletin cutoff reaches it, a visa number becomes available.

How does an approved I-140 help my H-1B?

An I-140 approved (and pending 180+ days) generally supports 3-year H-1B extensions beyond the six-year limit when your priority date is not current, under AC21. This is a major benefit for backlogged Indian applicants.

Can I change employers after I-140 approval?

Often yes. Once the I-140 has been approved for 180+ days, you can generally keep your priority date and H-1B extension eligibility even if you move to a new employer, subject to AC21 portability rules. Confirm with your attorney.

What if my employer withdraws my I-140?

If the I-140 was approved 180+ days ago, a withdrawal generally does not strip your priority date or your ability to get H-1B extensions — but timing and specifics matter. If it was withdrawn earlier, consequences differ. Talk to your attorney immediately.

Does I-140 approval expire?

An approved I-140 generally remains valid to retain your priority date, but it can be affected by employer withdrawal within 180 days or fraud/revocation. Keep your approval notice and consult your attorney before any job change.

Can I use my priority date for a new PERM/I-140?

Yes — priority date retention lets you carry your earlier priority date to a new EB-2 or EB-3 I-140 (for example, an EB-3 downgrade or EB-2 upgrade). Your attorney handles the interfiling or new filing.

Is this page legal advice?

No. This page is educational only and not legal advice. AC21 portability, priority date retention, and I-485 timing are case-specific. Confirm your situation with your employer's immigration attorney.

Written / reviewed by Deepak Middha · CA, Series 65

Last updated: July 3, 2026

Disclaimer, assumptions & sources

This tool is for general education and planning only. It does not replace advice from a CPA, attorney, financial advisor, USCIS, IRS, State Department, or other official source. Rules, limits, forms, fees, dates, and government processing information may change. Always verify before filing, investing, or making immigration, tax, or financial decisions.

  • For educational use only — not legal advice.
  • Not tax advice.
  • Not financial advice.
  • Not immigration advice.
  • Numbers, forms, fees, dates, rules, and limits may change at any time.
  • Always verify with official sources before acting.
  • Consult a CPA, attorney, financial advisor, or the relevant official agency (USCIS, IRS, State Department) when it matters to your situation.

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