FAQ: What happens after LC approval?

Congratulations! Now that your Labor Certification (LC) has been approved, BDV will connect you with our partner attorneys to prepare your I-140 immigration petition and green card application. Please see below for general information on the next steps. For case specific questions, your attorney will be your point of contact throughout the I-140 and green card process.

Does the LC approval give me status and work authorization in the U.S.?

No, the LC approval does not give you status or work authorization in the U.S. The LC not a status and, on its own, the LC approval does not provide you with U.S. work authorization. If you are in the U.S. after LC approval, you need to continue maintaining your underlying status.

What is the I-140?

The I-140 immigrant petition serves as a basis for you to apply for the green card. The I-140 is not your green card and, by itself, the I-140 approval will not give you status or work authorization in the U.S. Think of the I-140 as the ticket that allows you to apply for the green card.

What is the I-485?

If you are physically present in the U.S., your attorney can apply for your green card using the I-485 application. The I-485 can be filed for you and any eligible dependents (spouse and unmarried children under 21).

Is premium processing available for I-485?

No, there is no premium processing option available for the I-485 application. USCIS processing time for the I-485 can vary. For the latest processing time estimate, please see https://egov.uscis.gov/processing-times/.

What is advance parole?

Your attorney can request advance parole with your I-485 application. Advance parole is an alternative travel document that allows you to travel internationally and re-enter the U.S. while your I-485 is pending. The advance parole is typically issued several months after the I-485 filing.

What is the green card-based EAD?

Your attorney can request the EAD with your I-485 application. The green card-based Employment Authorization Document (EAD) is an alternative form of work authorization while your I-485 is pending. The EAD is typically issued several months after the I-485 filing.

What is immigrant visa process?

If you are not physically present in the U.S., then you cannot apply for the I-485 and must instead go through the immigrant visa process from abroad. Immigrant visa processing is applying for Legal Permanent Resident status (i.e. green card) from outside the U.S. After your I-140 is approved, USCIS will send your I-140 approval to the National Visa Center (NVC) for immigrant visa processing.

Most of our clients who are physically present in the U.S. file the I-485 instead of immigrant visa processing. Your attorney will advise on the specific strategy for your case.

Can I stay in the U.S. after my I-140 is filed?

The I-140, by itself, will not give you status or work authorization in the U.S. For example, if you are in the U.S. in F-1 status and filed an I-140 petition by itself, you will need to continue maintaining your F-1 status.

If your I-140 and I-485 were filed concurrently, you can generally remain in the U.S. while your I-485 is pending. Your attorney will advise on the specific strategy for your case.

I am in a non-immigrant status (ex: F-1, O-1, TN E-3, J-1, etc.). Would filing the I-140 violate my non-immigrant status?

No, filing the I-140 will not violate your non-immigrant status.

I am in a non-immigrant status (ex: F-1, O-1, TN E-3, J-1, etc.). Would getting the I-140 approval violate my non-immigrant status?

No, obtaining an I-140 approval will not violate your non-immigrant status.

I am currently in the U.S. Can I travel internationally and re-enter the U.S. after my I-140 is filed and/or approved?

If you are in a non-immigrant status (ex: F-1, O-1, TN, E-3, J-1, etc.), you can travel internationally and re-enter the U.S. in the non-immigrant status even after your I-140 is filed and/or approved. However, there will be international travel restrictions at the I-485 stage. You will not be able to travel internationally from when the I-485 is filed to when the advance parole (AP) is issued, which could be several months. Your attorney will be able to advise on the specific strategy for your case.

If you are in a dual intent status (ex: H or L), you can travel internationally and re-enter the U.S. in H or L status after your I-140 is filed and/or approved. You may also travel internationally and re-enter the U.S. in H or L status even while the I-485 is pending. Your attorney will be able to advise on the specific strategy for your case.

Do my dependents need their own I-140 approval for the green card application?

No. Your eligible dependents (spouse and unmarried children under 21) do not need a separate I-140 approval. Your dependents can apply for their green cards using your I-140.

Do each of my dependents need a separate green card application?

Yes, each of your eligible dependents (spouse and unmarried children under 21) will need their own green card application based on your I-140.

I am in a non-immigrant status (ex: F-1, O-1, TN E-3, J-1, etc.). Can I travel while my I-485 is pending?

If you are in non-immigrant status, you must remain in the U.S. from I-485 filing to until the advance parole is issued, which can take several months. Once you receive your advance parole, you may travel internationally and re-enter the U.S. while the I-485 is pending. Your attorney will be able to advise on your specific travel questions.

My I-140 is approved. Does this mean that my I-485 will be approved?

The I-485 looks at issues that were not reviewed as part of the I-140 petition. For example, if you have a criminal record, worked without authorization, or had extended periods of unlawful presence in the U.S., this could impact your ability to get the green card even if your I-140 was approved. At the I-485 stage, your attorney will carefully review your immigration history and background to flag any possible issues you may encounter for green card processing.

When should I relocate to my new worksite?

Once both your I-140 and your work authorization are approved, BDV’s Client Services team can help you with your relocation plans. Please do not relocate until you have been contacted by our Client Services team and receive our confirmation to start relocation.