I-140 & US Residency: Your Path Explained

Can I File I-140, Can I Live in USA? Introduction

Navigating the complexities of U.S. immigration can feel overwhelming, especially when it comes to employment-based petitions. A frequently asked question is: "Can I file an I-140 and, if so, does that mean I can live in the USA?" The answer, as with most immigration matters, is nuanced. This comprehensive guide will break down the I-140 process, its implications for living in the United States, and answer frequently asked questions to help clarify your path.

Can I File I-140, Can I Live in USA?: Understanding the I-140

The I-140, Immigrant Petition for Alien Worker, is a form submitted to U.S. Citizenship and Immigration Services (USCIS) by an employer on behalf of a foreign national seeking permanent residency (a Green Card) in the United States. It essentially signifies that a U.S. employer believes the foreign worker possesses skills and qualifications that are needed and valuable to their company and the U.S. economy.

Several categories qualify for an I-140 petition, including:

  • EB-1: Priority Workers. This category is for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
  • EB-2: Professionals Holding Advanced Degrees or Persons of Exceptional Ability. This category generally requires a master's degree or a bachelor's degree plus five years of progressive experience in the field. It can also be used for individuals with exceptional ability in the sciences, arts, or business. A labor certification (PERM) is usually required unless the National Interest Waiver is sought.
  • EB-3: Skilled Workers, Professionals, and Other Workers. This category is for skilled workers with at least two years of training or experience, professionals with a bachelor's degree, and other workers performing unskilled labor. A labor certification (PERM) is generally required.

Can I File I-140, Can I Live in USA?: Does Filing an I-140 Grant You the Right to Live in the US?

No. Simply filing an I-140 does not grant you the right to live or work in the United States. The I-140 is just the first step in the Green Card process. You must have a valid non-immigrant visa (like an H-1B, L-1, or O-1) that allows you to be physically present and authorized to work in the U.S. while the I-140 is pending.

Think of the I-140 as a request to be considered for permanent residency. It indicates that an employer is willing to sponsor you, but it doesn't automatically change your immigration status.

Can I File I-140, Can I Live in USA?: The Importance of Maintaining a Valid Status

It is absolutely crucial to maintain a valid non-immigrant status while your I-140 petition (and subsequent Adjustment of Status application, Form I-485) is pending. If your non-immigrant status expires or is violated (e.g., by working without authorization), your application for a Green Card could be denied, even if the I-140 is approved.

Can I File I-140, Can I Live in USA?: The Adjustment of Status (I-485)

After the I-140 is approved, and a visa number is available in your category and country of origin (as determined by the Visa Bulletin published by the Department of State), you can file Form I-485, Application to Register Permanent Residence or Adjust Status. This application allows you to adjust your status to that of a lawful permanent resident from within the United States.

Eligibility for Adjustment of Status:

  • You must be physically present in the United States.
  • You must have been lawfully admitted or paroled into the U.S.
  • You must be eligible for an immigrant visa.
  • An immigrant visa must be immediately available to you.
  • You must be admissible to the United States for permanent residence.

Can I File I-140, Can I Live in USA?: The Visa Bulletin and Priority Dates

The Visa Bulletin is a monthly publication by the U.S. Department of State that indicates the availability of immigrant visas for different categories and countries. It uses a "priority date" system. Your priority date is the date your I-140 petition was filed (or, in some cases, the date your labor certification was filed).

You can only file your I-485 once your priority date is "current," meaning that the Visa Bulletin shows that visa numbers are available for your category and country of origin on or after your priority date. This waiting period can sometimes take years, depending on the demand in your category and country. Countries with high demand, such as India and China, often face longer waiting times.

Can I File I-140, Can I Live in USA?: What Happens After Filing the I-485?

While your I-485 is pending, you can apply for:

  • Employment Authorization Document (EAD): This allows you to work legally in the United States while your Green Card application is being processed.
  • Advance Parole (AP): This allows you to travel outside the United States and return without abandoning your pending I-485 application. Important Note: Traveling outside the U.S. without Advance Parole while your I-485 is pending could result in your application being denied.

Can I File I-140, Can I Live in USA?: What About Dependents (Spouse and Children)?

If your I-140 is approved and you are eligible to file Form I-485, your spouse and unmarried children under the age of 21 may also be eligible to apply for adjustment of status as your dependents, provided they are also physically present in the United States and maintain a valid non-immigrant status (or are otherwise eligible).

Can I File I-140, Can I Live in USA?: Frequently Asked Questions

  • Q: Can I file an I-140 myself?

    • A: No. The I-140 must be filed by your employer on your behalf.

  • Q: My I-140 is approved. Can I switch jobs?

    • A: It depends. The AC21 Act allows some flexibility in changing employers while your I-485 is pending, but there are specific requirements that must be met. Consult with an immigration attorney to determine if you qualify.

  • Q: What happens if my employer withdraws the I-140?

    • A: If the I-140 is withdrawn before it's approved, the petition is effectively cancelled. If it's withdrawn after approval, it can impact your ability to adjust status, especially if your I-485 is still pending. However, in certain cases, you may be able to "port" the I-140 to a new employer under the AC21 Act.

  • Q: How long does it take to get a Green Card after filing the I-140?

    • A: The processing time varies significantly depending on the visa category, country of origin, and USCIS processing times. It can take anywhere from a few months to several years.

  • Q: I am in the US on an F-1 student visa. Can my employer file an I-140 for me?

    • A: Yes, they can. However, you must maintain your F-1 status until you can adjust your status (file I-485) based on an approved I-140 and a current priority date. You will likely need to transition to another visa category (like H-1B) to work while your green card is being processed.

Celebrities and Immigration:

While this article focuses on the technical aspects of the I-140 process, many celebrities have also navigated the complex U.S. immigration system. Consider Albert Einstein, the renowned physicist, immigrated to the U.S. due to political persecution in Germany. Though his path was different (he was granted permanent residency based on his extraordinary abilities), it highlights the U.S. as a destination for talented individuals seeking opportunity and safety. Similarly, Mila Kunis, born in Ukraine, immigrated to the United States with her family at a young age. Her journey illustrates the path of many immigrants who come to the U.S. seeking a better life. Important Note: This is for example only, your news doesn't have to write about Celebrity.

Can I File I-140, Can I Live in USA?: Seeking Expert Legal Advice

The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration law is complex and constantly evolving. It is crucial to consult with an experienced immigration attorney to discuss your specific situation and determine the best course of action. They can provide tailored guidance and help you navigate the intricate processes of the I-140 and Green Card application.

In Summary:

Filing an I-140 is a crucial step towards obtaining a Green Card based on employment. While the I-140 itself doesn't allow you to live in the U.S., it's a necessary condition for adjusting your status once a visa number is available. Remember to maintain a valid non-immigrant status and seek professional legal advice throughout the process.

Q&A Summary: Can I file an I-140 and live in the USA? Filing I-140 is a step towards a Green Card but doesn't grant immediate residency. You need a valid visa and I-485 approval to live in the USA permanently.

Keywords: I-140, Green Card, US Immigration, Immigrant Petition, Adjustment of Status, Visa Bulletin, Employment-Based Immigration, H-1B, L-1, EB-1, EB-2, EB-3, USCIS, Permanent Residency, Can I file I-140 can I live in usa, Immigration Lawyer.