H-1B Compass
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Glossary · USCIS forms

I-140 (Immigrant Petition for Alien Worker)

Employer-sponsored green-card petition. Once approved, it locks your priority date and unlocks 3-year H-1B extensions past the 6-year cap.

An approved I-140 is the gateway to the green card AND your most powerful H-1B protection. Two key thresholds: (1) once approved, your priority date is locked and portable across employers under AC21 §106(b); (2) once approved AND you're either ≥365 days into the underlying PERM OR ≥180 days post-I-140-approval, you unlock AC21 extensions of H-1B beyond the standard 6-year cap. After a layoff, the new employer files a fresh I-129 + I-140 reaffirmation; you keep your priority date.

Sources & official references

  • AC21 §104(c)3-year H-1B extensions beyond the 6-year cap for beneficiaries of approved I-140 petitions whose visa numbers have not yet become available.

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