If you’re reading this, congratulations. You’ve likely received that long-awaited approval notice for your Form I-140, also known as the Immigrant Petition for Alien Workers. Receiving this notice is a major milestone, but it doesn’t mean you have a green card just yet. The journey isn’t over.
Many see the I-140 as the most difficult hurdle to cross, but there are still more steps ahead before getting your hands on that plastic permanent resident card.
This article outlines what happens next after USCIS approves your I-140 petition and what you can expect as you continue on your path to lawful permanent residency in the United States.
The Waiting Game: Visa Availability and Priority Dates
Simply having an approved I-140 isn’t enough to file your final green card application. For most employment-based categories, you must wait until your priority date is current according to the visa bulletin before moving forward.
The priority date is the date you filed your labor certification application or I-140 petition, whichever came first. It establishes your place in line to apply for residency.
Because yearly visa quotas cause massive backlogs, you must wait your turn depending on your country of birth and green card category. During this waiting period, your priority date must stay current. You can verify if your priority date is current each month when the visa bulletin is released.
The final action dates on the bulletin indicate when you can file your green card application. Unfortunately for many, priority date retrogression (the date moving backward) is common.
While playing the waiting game, don’t let your other immigration statuses, such as your H-1B or L-1, expire. Work permits and visa extensions will be critical to staying in the U.S. legally until you can submit your green card application.
Adjusting Status vs. Consular Processing
Once your priority date is current, there are two paths forward: adjustment of status and consular processing. Typically, the I-140 petition will indicate if you plan to adjust status within the U.S. or process abroad through a consulate.
Adjustment of Status
If you are already living and working within the U.S. on a visa such as an H-1B or L-1, adjusting your status to permanent resident without leaving the country is likely the best option.
To do so, you’ll need to file Form I-485 Application to Register for Permanent Residence along with supporting documents and forms like the I-693 medical exam and I-765 application for an Employment Authorization Document (EAD).
An EAD permits you to work while waiting for your green card application to be processed. If your priority date is current, you can submit the I-485 concurrently with the I-140 in some visa categories.
This allows you to apply for permanent residency at the same time as the original petition. Doing so can speed up the total processing time.
After submitting your paperwork, you’ll eventually be called for a green card interview, the final step before approval, where an immigration officer reviews your application.
Remain patient — unfortunately, the entire process can still take months or years before finally getting that approval notice in the mail.
Consular Processing
If you need to process your green card abroad because you live outside U.S. borders, you’ll undergo consular processing instead. This involves applying for an immigrant visa with a U.S. embassy or consulate in your home country.
First, your approved I-140 goes through the National Visa Center (NVC). Once they receive it, the NVC will provide information to begin consular processing. You’ll need to complete the required paperwork and pay all applicable fees.
Finally, when your priority date is current, you can attend your consular interview. The consular officer will confirm you meet the qualifications for a green card based on the approved I-140.
If approved, you will receive a visa stamped in your passport, allowing you to immigrate officially to the United States.
Preparing for the Final Interview
Your adjustment of status or consular interview is the final review of your entire application. An immigration officer digs deep into your background, qualifying employment, eligibility criteria, and more. Talk about nerve-racking.
Here are some tips to begin preparing:
- Carefully review your entire application, cover to cover. Look for any errors or missing information. Gather any additional required documents well in advance.
- Refresh your memory on the job duties and requirements listed on your labor certification and I-140, as you need to prove you are still qualified. Brush up on the company’s history and your employment background, too.
- Collect copies of key identification and residency documents like passports, visas, I-94s, and past EADs or other work permits. Have a detailed timeline of your presence and employment in the U.S.
- Obtain up-to-date letters of employment verification and pay stubs. Be ready to confirm you still work for the petitioning employer if processing AOS.
It’s essential to come prepared with files of supporting materials. It’s better to be over-prepared than to sweat through the interview. It also helps you discover any holes or potential issues early.
Crossing the Finish Line
After jumping through so many hoops, your permanent resident status is approved. Soon, you’ll receive that beloved welcome notice (Form I-797) indicating your I-485 was approved if you are processing AOS. Or if consular processing, your passport will now bear a shiny new immigrant visa stamp.
Within weeks, your official Permanent Resident Card (also known as a green card) will arrive in the mail.
Turn to Pride Immigration to Help with Your Form I-140 and Beyond
Pride Immigration understands the complexity of the green card process. Our experts have guided countless applicants to the approval of their Form I-140 petitions and beyond. With an approved form I-140 in hand, achieving permanent resident status may feel closer than ever.
But you still have to go through a number of important steps. Let us support you through the waiting game of priority dates. We’ll make sure you maintain the valid immigration status required for adjustments of status or consular processing.
When your priority date finally becomes current, our preparation will improve the odds you ace that final interview to cross the finish line. Contact us today at (703) 594-4040 or schedule an appointment online.
Beeraj Patel, Esq.
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