What Happens After Your EB-1 I-140 Is Approved?

An approved Form I-140 in the EB-1 category means USCIS has agreed that you, or the employer petitioning for you, meet the standard for extraordinary ability, outstanding research or multinational management. It does not give you status, work authorization or a green card. What happens after your EB-1 I-140 is approved depends on three things: whether a visa number is available for your country of birth, whether you are inside or outside the United States, and whether the petition was self-filed or employer-filed. CLP’s EB-1 green card practice plans this stage before the I-140 is filed, because the choices made here decide how soon you can live and work here permanently.

Read the approval notice and confirm the priority date

The Form I-797 approval notice states your priority date (the date USCIS received the I-140), the classification, and whether the petition was approved for adjustment of status or forwarded to the National Visa Center for consular processing. Check all three. An error in the classification or in the processing choice can be corrected, but it is far easier to catch it now than at the interview stage. The notice also confirms the name and date of birth of the beneficiary, which must match your passport exactly.

Check the Visa Bulletin after your EB-1 I-140 is approved

Your priority date is your place in line. The Department of State publishes the Visa Bulletin monthly with two charts: Final Action Dates, which govern when a green card can actually be issued, and Dates for Filing, which USCIS sometimes allows applicants to use for submitting Form I-485. For the first preference, the bulletin is often current for most countries of birth, which means you may proceed immediately, but it can retrogress for applicants born in high-demand countries. Our posts on how the Visa Bulletin works for EB-1 and on priority date versus filing date explain how to read the charts.

If your date is not current, you wait, and the waiting itself is the main variable in EB-1 cases for some nationalities. Nothing is lost during the wait: the approval stands, and the priority date is yours.

Inside the United States: Form I-485

If you are in lawful status in the United States and a visa number is available, you file Form I-485 to adjust status. Many EB-1 applicants file the I-485 concurrently with the I-140; if you did not, you file it now. Alongside it you may file Form I-765 for an employment authorization document and Form I-131 for advance parole, which together allow you to work and travel while the application is pending. You will attend a biometrics appointment, complete the medical examination on Form I-693 with a designated civil surgeon, and in some cases attend an interview. Our step-by-step post on completing Form I-485 covers the form itself.

Two cautions. If you hold H-1B or L-1 status, continuing to work on that status rather than on the EAD keeps a fallback if the I-485 is denied, and a valid H or L visa lets you travel without relying on advance parole. If you hold O-1 status, the same logic applies, but leaving on advance parole returns you as a parolee rather than in O-1 status, so plan trips carefully. See our H-1B visa page for the dual intent rules that make this easier for H-1B holders.

Outside the United States: consular processing

If you are abroad, or chose consular processing, the approved petition moves to the National Visa Center. You pay the immigrant visa fees, submit Form DS-260 and the civil documents (birth certificate, marriage certificate, police certificates and so on), and wait for an interview at the designated consulate. You receive an immigrant visa, enter the United States, and the green card is produced after admission. Our Istanbul office supports clients processing at consulates in the region, and our immigration law hub describes the firm’s consular work generally.

Changing jobs after approval

The answer depends on who filed. An approved EB-1A is yours; you may change employers or work independently, so long as you continue working in your area of extraordinary ability. An approved EB-1B or EB-1C belongs to the employer. If the employer withdraws it within 180 days of approval, the approval is automatically revoked. After 180 days, a withdrawal does not automatically revoke the approval and you keep the priority date, but a new employer cannot use it to complete your case unless your I-485 has been pending at least 180 days and the new position is in the same or a similar occupation, under INA 204(j). In that situation you notify USCIS of the new job on Form I-485 Supplement J.

Family members

Your spouse and unmarried children under 21 are derivative beneficiaries. They file their own I-485 applications with yours or afterward, or complete consular processing alongside you. A child who turns 21 while waiting may be protected by the Child Status Protection Act, which subtracts the time the I-140 was pending from the child’s age once a visa number is available; the calculation is specific, so raise it early if a child is approaching 21.

If your EB-1 I-140 has been approved and you want a plan for the I-485 or consular stage, Capitol Law Partners can map the timing and the travel and work rules for your status. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.

Need help with this topic? See our EB-1 first preference green card page or schedule a consultation.