H-1B Guide Β· 2026

I-140 Approved: Your 2026 Guide to Priority Dates and H1B Extensions

I-140 approval is a major milestone in your green card journey. Here is what it means and what to do next.

**What I-140 approval means:** Your employer has successfully petitioned USCIS to classify you as an eligible immigrant worker. Your priority date is now set β€” this is your place in the visa queue. For Indian nationals with EB-2/EB-3, this priority date will determine your green card waiting timeline.

**Priority date explained:** Your priority date is the date your PERM was filed (or I-140 filing date if no PERM required). The earlier this date, the sooner you can file I-485 (Adjustment of Status). Check the Visa Bulletin monthly β€” when your priority date becomes current, you can file I-485.

**H1B extension beyond 6 years (AC-21 3/1-year extensions):** With an approved I-140 and priority date more than 365 days ago, you can get H1B extensions in 3-year increments beyond the 6-year limit. This is one of the most important benefits of early I-140 filing. Without this, you must leave the US after 6 years of H1B.

**Protecting your I-140 if you change employers:** An approved I-140 remains valid even if you change employers β€” with one condition. If your employer withdraws the I-140 WITHIN 180 DAYS of approval, it is revoked. After 180 days, even if your employer withdraws it, your I-140 remains valid and your priority date is protected.

**Portability under AC-21:** If you have a pending I-485 for 180+ days and an approved I-140, you can change employers to a job in the same or similar occupational classification without starting over.

**Filing I-485 when current:** When your priority date becomes current in the Visa Bulletin, file I-485 (Adjustment of Status). This allows you to remain in the US while USCIS processes your green card.

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