Key Takeaways:
- Receiving an I-140 approval is a significant milestone towards US permanent residency for employment-based immigrants.
- To change visa status after I-140 approval, check visa availability, file Form I-485, attend biometrics appointment and interview, and wait for a decision.
- While waiting for a decision, maintain nonimmigrant status and consider employment and travel benefits provided by the approved I-140.
Understanding I-140 Approval and Its Implications
Receiving an I-140 approval signifies a significant milestone on the path to permanent residency in the United States. This approval indicates that the U.S. Citizenship and Immigration Services (USCIS) has recognized a foreign national’s eligibility for employment-based immigration due to their skills, qualifications, or employment history.
How to Change Visa Status After I-140 Approval
Adjusting status after the I-140 approval involves several steps. The approval of an I-140 petition allows you to move on to the next stage of becoming a lawful permanent resident. Here’s what you need to know about the process:
Step 1: Check Visa Availability
Before you can adjust your status, you must ensure that a visa number is available for your employment-based category. Visa availability is determined by your priority date and country of chargeability, and these can be tracked through the monthly Visa Bulletin published by the Department of State.
Step 2: File Form I-485 (Adjustment of Status)
Once a visa is available, you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This form is the primary application used by individuals physically in the U.S. who want to change their visa status to that of a permanent resident. It’s important to file this form while your I-140 is still valid.
Step 3: Attend Biometrics Appointment and Interview
After submitting your Form I-485, USCIS will schedule a biometrics appointment for you to provide fingerprints, photos, and a signature. You might also be required to attend an interview, though this can vary based on individual circumstances.
Step 4: Wait for a Decision
The last step is to wait for USCIS to make a decision on your application. During this period, you may check the status of your application online. USCIS might ask for additional evidence or information, so it’s crucial to respond quickly to ensure the process isn’t delayed.
Maintaining Status While Your Application is Pending
While awaiting a decision on your Form I-485, it’s vital to maintain your nonimmigrant status. This can help mitigate risks in case your I-485 application encounters issues or is denied. You should not assume that an I-140 approval automatically adjusts your status; certain actions are required on your part.
Employment and Travel Considerations
Once your I-140 is approved and while your I-485 is pending, you might be eligible for certain benefits such as applying for an Employment Authorization Document (EAD) and Advance Parole (AP). The EAD allows you to work in the U.S. and the AP allows you to travel internationally without abandoning your pending adjustment of status application.
A Few Points to Remember
- It’s essential to avoid any form of status violation or unlawful presence in the U.S.
- Keep your address updated with USCIS to ensure you receive all communications.
Seeking Legal Guidance
The process of changing your visa status after an I-140 approval can be complex, and any errors could affect your chances of obtaining permanent residency. It is advisable to seek the guidance of an immigration attorney to navigate the intricacies of immigration law and to provide representation during the adjustment process if needed.
For official information and to download related forms, visit the USCIS official website.
Wow, so you’ve made it through the I-140 approval process! It’s like reaching the next level in the immigration game. But the fun’s not over yet, my friend. Now you gotta adjust your visa status and that involves some biometrics, an interview, and a whole lotta waiting. Remember to stay legal during this time, update your address, and maybe even explore the perks of an EAD or AP. Oh, and if you need some expert guidance, check out visaverge.com. It’s like having a cheat code for your immigration journey! Good luck! 🌟🚀
FAQ’s to know:
FAQ 1: What is the significance of an I-140 approval in the US immigration process?
Answer: An I-140 approval is a significant milestone on the path to permanent residency in the United States. It indicates that the U.S. Citizenship and Immigration Services (USCIS) has recognized a foreign national’s eligibility for employment-based immigration based on their skills, qualifications, or employment history.
FAQ 2: How do I change my visa status after receiving an I-140 approval?
Answer: To change your visa status after an I-140 approval, you need to follow a few steps. First, check the Visa Bulletin to ensure a visa number is available. Then, file Form I-485 (Adjustment of Status) while your I-140 is still valid. Next, attend a biometrics appointment and possibly an interview. Finally, wait for USCIS to make a decision on your application.
FAQ 3: What considerations should I keep in mind while waiting for a decision on my I-485 application after an I-140 approval?
Answer: While waiting for a decision on your Form I-485 after an I-140 approval, it’s crucial to maintain your nonimmigrant status. This will help mitigate risks in case your I-485 encounters issues or is denied. Additionally, you can explore benefits such as applying for Employment Authorization Document (EAD) and Advance Parole (AP) to work in the U.S. and travel internationally without abandoning your pending adjustment of status application.
What did you learn? Answer below to know:
- True or False: An I-140 approval signifies that an individual is eligible for employment-based immigration in the United States.
- What is the purpose of filing Form I-485 in the process of changing visa status after I-140 approval?
a) Registering Permanent Residence
b) Applying for Employment Authorization Document
c) Scheduling a Biometrics Appointment
d) Checking Visa Availability - What benefits may an individual be eligible for after their I-140 is approved and while their I-485 is pending?
a) Permanent Residency
b) Employment Authorization Document and Advance Parole
c) Biometrics Appointment and Interview
d) Visa Number Availability and Priority Date Tracking
