Quick Answer: What Is I-140 Immigrant Visa Petition?

Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. The form is 6 pages long with a separate 10-page instructions document as of 2016.

Is 140 a immigrant petition?

The Form I-140, Immigrant Petition for Alien Worker, is used to petition U.S. Citizenship and Immigration Services (USCIS) to classify an alien beneficiary as eligible for an immigrant visa based on employment. For EB1-A Alien of Extraordinary Ability and EB-2 National Interest Waiver, the alien can do self-petition.

Who is eligible for I-140 petition?

I-140 Green Card Eligibility – It Is Suitable For: A member of the professions holding an advanced degree or an alien with exceptional ability in the sciences, arts, or business who will substantially benefit the national economy, cultural or educational interests, or welfare of the United States.

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What is I-140 immigration?

You may use Form I-140, Immigrant Petition for Alien Worker to ask USCIS to classify an alien as someone who is eligible for an immigrant visa based on employment. The employer generally files the Form I-140 for the alien.

What happens when I-140 is approved?

1. What happens after my I-140 is approved? First, USCIS mails the paper Approval Notice (I-797) to your employer and attorney. Next, you will need to plan the last step of the “green card process” (or adjustment of status (AOS) to permanent resident), if it was not concurrently filed with your I-140.

Is I-140 same as green card?

An I-140 petition is the second step in the employment based Green Card process. Once your PERM Labor Certificate is approved, your employer will file a Form I-140 – known as Immigrant Petition for Alien Worker – on your behalf.

What is the difference between I-140 and H-1B?

An H-1B is a non-immigrant visa. An I-140 is a immigrant petition for a worker and generally requires an approved labor certification.

What are the benefits of I-140 approval?

The great advantage of maintaining an approved I-140 petition is that the beneficiary can obtain H-1B extensions beyond the maximum six-years, port to a new employer based on a pending I-485 application to adjust status, and obtain employment authorization based on compelling circumstances (as discussed in an earlier …

Can you work with approved I-140?

As long as an approved I-140 remains valid, the employee may use it with any (including a new) employer, as a basis to request an extension of H1B status beyond the standard 6-year maximum. For this, the I-140 must remain valid until the H1B petition approval.

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How long is I-140 approval valid?

An approved I-140 petition remains valid, once the I-485 application has been pending for 180 days, even if the employer requests the revocation of the I-140 petition. In that situation, if the foreign national has not provided information about the new job, then the USCIS will issue a Notice of Intent to Deny (NOID).

How much does it cost to file I-140?

The filing fee for Form I-140 is $700. NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts.

Can I stay in US after I-140 approval?

You can remain in the U.S. beyond June 2017 if the FORM I-140 is approved and a visa is available and a FORM I-485 is filed prior to expiration of the L-1B status.

Can spouse of I-140 work?

The spouse is not required to work if they have an EAD card. Spouses of TN visa holders may apply for TD visa and accompany you in the U.S. but they are not allowed to work in the U.S. However, your spouse may study in the U.S. on TD visa full-time.

How do you know if I-140 is approved?

When I-140 is approved, the petitioner-employer will get an official notice of approval as I-140 belongs to the employer. You could certainly track the case through the online case status (https://egov.uscis.gov/casestatus/landing.do)

Can I 485 be denied after I-140 approval?

USCIS can only transfer the I-485 if a visa number is available for that I-140 petition. Therefore, when the extraordinary ability I-140 is denied, and the national interest I-140 is approved but the priority date is not current, the I-485 will be denied.

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Can we apply I-140 from India?

PERM and i140 can be filed and approved even if you left US to work from India.

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