| An I-140 petition is the second step in the Green Card
process. Once your Labor Certificate is approved, your
employer will file a Form I-140 -(know as Petition for
Immigrant Worker) - on your behalf.
Employer should demonstrate that the company is in
a good financial position to capable of paying the salary
advertised for the job.
For this purpose employer's financial financial statement
and corporate income tax return documents also required.
What other documents should accompany your I-140 form?
It is your employer who file for the I-140 petition,
with the following.
- Filled Form I-140
- Approved Labor Certificate.
- Filing fee of $190 by check or money order made
payable to the relevant USCIS regional Service Center.
- Proof of the financial position of your employer/company
in the form of an audited financial statement or a
statement from the CFO of your company.
- Experience letters from all your previous employers.
- Other documents such as degree certificates, qualification
letters etc. may be required.
*Note: At this stage no documents required for the
family member of the sponsored applicant .
When the Form I-l40 employment-based immigrant visa
petition is submitted to the USCIS Service Center ,
the petitioner must indicate whether the beneficiary
will apply for “consular processing” at an
American Consulate overseas for an immigrant visa or
will apply for adjustment of status (AOS or I-485) to
permanent residence with the INS.
What happens after your I-140 is filed?
After the USCIS receives your I-140 petition packet,
it will issue a Receipt Notice and assign a file number
to your case. This is an acknowledgment of receipt.
If the USCIS accepts your petition then an Approval
Notice will be issued. This means your I-140 has been
approved and you can move on to the next step in your
Green Card Process.
How long does it take for the USCIS to approve your
I-140? The amount of time taken by the USCIS to issue an Approval
Notice depends entirely on the backlog at the particular
Service Center where your petition was filed. Usually
it takes no more than 3 months for this process to be
completed, however, processing time may vary from case
to case. Does an approved I-140 change your immigration status? No, an approved I-140 petition will not change your
nonimmigrant status. You will remain on the same status
as before the petition was filed. Can you file I-140 and I-485 together? Yes, this is known as concurrent filing. If you have
filed an I-140 petition, you are eligible to file I-485
(adjustment of status) application. You can do so by
submitting the Receipt Notice of the pending I-140 with
the I-485 application. Additionally, applications for
Employment Authorization (EAD) and Advance Parole may
be filed with the I-485 application. Family members
(spouse, children) can also file I-485 at this time.
If I-140 and I-485 are filed concurrently, will the
USCIS process them simultaneously? Yes, now a concurrently filed I-140 and I-485 petition
will be adjudicated simultaneously. However, if your
I-140 is denied, I-485 will also be rejected. Related Links:
Downloadable Form
I-140
US Citizenship and Immigration Service website: www.uscis.gov
General form
filing instruction form I-140 at USCIS
USCIS Service
Centers
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