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 -(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.
It is your employer who file for the I-140 petition, with the following.
*Note: At this stage no documents required for the family member of the sponsored applicant.
When the Form I-140 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.
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.
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.
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.
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.
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.
