What is the difference between an I-140 and a green card?

The I-140 is an immigrant petition that establishes your priority date and your employer's intent to hire you permanently. It is NOT a green card. After I-140 approval, you still need to wait for your priority date to become current and then file I-485 (or consular process) to actually receive the green card.

Can I change jobs after my I-140 is approved?

Yes, under AC21 portability, if your I-485 has been pending for 180+ days and the new job is in the same or similar occupational classification as the original I-140 position. You do not need to restart the green card process from the beginning.

What is premium processing for I-140 and is it worth it?

Premium processing costs $2,805 and guarantees a decision (approval, RFE, or denial) within 15 business days. It is generally worth it because it quickly confirms the I-140 approval and locks in the priority date, reducing uncertainty during the wait for a visa number.

Can my employer revoke my I-140 after it is approved?

An employer can revoke an I-140 at any time. However, if your I-485 has been pending for 180+ days, the revocation has no legal effect, you keep your priority date and your I-485 remains valid under AC21.

What is priority date retrogression and how does it affect my I-140?

Retrogression occurs when the Visa Bulletin moves a priority date backward due to high demand and annual per-country visa limits. It does not affect your I-140 approval, your petition remains valid indefinitely. You simply need to wait until the Visa Bulletin's cutoff date is on or after your priority date again.

Can I file I-140 in multiple categories simultaneously?

Yes. Nothing prevents an employer from filing both an EB-1B and an EB-2 I-140 for the same employee simultaneously. The employee keeps the earliest priority date from any approved petition, providing a meaningful strategic advantage.

Home PERM GuideI-140 Guide

I-140 Immigrant Petition Guide

The I-140 (Immigrant Petition for Alien Workers) is the first step in the employment-based green card process. It establishes your priority date, confirms USCIS's recognition of your qualifications, and is the cornerstone document for all subsequent green card steps including I-485 Adjustment of Status.

$2,805

premium processing fee

15 days

premium decision time

EB preference categories

EB Preference Categories, I-140 Overview

Click any category to expand details, evidence requirements, and priority date outlook.

I-140 Filing Timeline

After PERM Approval (EB-2/EB-3)

File I-140 with USCIS

Typically filed immediately after PERM approval to lock in priority date

Employer is the petitioner. Premium Processing ($2,805, 15 business days) available and recommended.

Concurrent with PERM Filing (advanced)

I-140 filed simultaneously with PERM (EB-1/NIW)

EB-1A, EB-1B, EB-1C, EB-2 NIW can be filed at any time without PERM

No PERM means no waiting, I-140 can be filed as soon as evidence package is ready.

I-140 Adjudication

USCIS reviews petition and issues I-797 approval or RFE

Standard: 6–12 months. Premium: 15 business days

RFEs are common, respond within the deadline (usually 84 days) with comprehensive evidence.

Priority Date Becomes Current

Check Visa Bulletin monthly

Varies widely, India EB-2 priority dates can be 10+ years in the past

I-485 can only be filed when the applicant's priority date is current in the monthly Visa Bulletin.

Priority Date Strategy

File PERM as early as possible in your employment, the PERM filing date becomes your priority date, and earlier is always better for India/China nationals.

If your employer is willing, request premium processing on the I-140 ($2,805) to lock in the I-797 approval notice quickly.

Consider filing an EB-1B or EB-2 NIW concurrently with your EB-2/EB-3 PERM-based case, a concurrent EB-1 or NIW can provide an earlier priority date or a different category that may be more current.

Check the USCIS Visa Bulletin monthly (released approximately the 8th–12th of each month for the following month) to monitor when your priority date will become current.

When priority date retrogresses (moves backward), do not panic, retrogression is common, particularly for India EB-2/EB-3. The dates eventually advance again.

If your I-485 has been pending for 180+ days and your employer's business changes, consult an attorney about AC21 portability before making any job changes.

AC21 Portability, Job Change Scenarios

Understanding how I-140 portability works in different employment scenarios helps you make informed career decisions while your green card is pending.

Employee changes jobs after I-140 approval, I-485 pending < 180 days

Must file new I-140 with new employer. Old I-140 priority date may be preserved if old I-140 was approved for 180+ days before revocation.

Risk: High

Employee changes jobs after I-485 pending 180+ days (AC21)

Can port to same or similar occupation without new I-140. Attorney should prepare AC21 memo.

Risk: Low

Employer revokes I-140 after I-485 pending 180+ days

Employee keeps priority date and I-485 remains valid. Revocation has no effect after the 180-day mark.

Risk: None

Employee has multiple approved I-140s from different employers

Can use the earliest priority date from any approved I-140, even if one employer withdraws theirs.

Risk: None (actually protective)

Employee leaves company before I-140 is filed

PERM becomes unusable. New employer must restart PERM process from scratch.

Risk: Very High

What I-140 Approval Means (and Doesn't Mean)?

What I-797 Approval Confirms

• Your priority date is officially established
• USCIS has verified your qualifications for the EB category
• Your employer has demonstrated ability to pay the offered wage
• The I-140 petition is valid indefinitely (unless revoked before 180-day mark)
• You are in the employment-based green card queue

What I-140 Approval Does NOT Mean

• You do NOT have a green card yet
• You do NOT have permanent resident status
• You still need a current priority date to file I-485
• Your current visa status is unaffected, maintain H1B/other status
• You cannot travel outside the US on I-140 alone

RFE Response Tips: If USCIS issues an RFE on your I-140, respond comprehensively within the deadline. Common RFE issues include: insufficient evidence of advanced degree equivalency, unclear job duties, missing ability-to-pay documentation (financial statements), or specialty occupation evidence. Work with your attorney on each point; do not leave any RFE item unanswered.

Frequently Asked Questions, I-140 Immigrant Petition

Official Resources & Related Guides

Official Government Sources

Related Guides

Informational purposes only. Filing fees and processing times change frequently. Always consult a licensed immigration attorney for case-specific advice. Nothing on this page constitutes legal advice.

Sumit Patel

SMIEEE · FBCS · FIETE | 16+ years data engineering | 30+ peer-reviewed papers

Sumit built H1BVisaJobs.com on 10 GB+ of DOL LCA disclosure data (FY2022–FY2025). All immigration data and analysis on this site comes from primary government sources.