Can you tell me, if a person has received a work authorization and a travel document, does that mean their I-140 petition has been approved? This is about applying for a green card from an O-1 visa.
Detailed analysis of the topic: O-1 visa: petitioner, agent, agent arrangement
There are many bases for an EAD (Employment Authorization Document), but approval of Form I-140 by itself is not one of them. Usually an EAD and a travel document (Advance Parole) are obtained when filing Form I-485 - adjustment of status. If those arrived, it means the I-485 is definitely in process, but it’s best to check the I-140 status separately on the USCIS website — with concurrent filing it may still be under review.
Got it, thanks. How do you check the I-140 status — with the same number as the I-485, or does it have its own receipt number?
The I-140 has its own receipt number, separate from the I-485. If you filed concurrent filing, you’ll get two different notices with different numbers — you check each one separately on the USCIS website. It can happen that the I-140 is still pending while the I-485 is already being processed — that’s normal with concurrent filing.
With concurrent filing there’s one aspect not everyone considers — the I-140 can be denied even while the I-485 is pending. I had exactly that order: I filed the I-140 and I-485 together, the I-485 was accepted for processing, then the I-140 was denied — and the I-485 was automatically denied as well. So having an EAD (Employment Authorization Document) in hand is not yet a sign that the I-140 has been approved.
The I-140 checks whether you are eligible for a green card and whether you meet the requirements. The I-485 is the actual filing for the green card, where the documents are checked. They are handled by different adjudicating units and their statuses are independent.
EADs are issued independently of the I-140 — I got mine while the I-140 was still being reviewed.
I got my EAD on the first filing, but then an I-140 denial came through — everything fell apart.
That’s exactly why I decided not to do concurrent filing — I’m waiting for the I-140 to be approved and will only file the I-485 afterward. Yes, it takes longer, but at least there’s no risk the I-140 will fall apart while the I-485 is already in progress. For EB-2 through a sponsor my attorney advised the same — sequential is more reliable.
With EB-1A the situation is a bit different — the priority date for the first preference is almost always current, so right after the I-140 is approved you can file the I-485 that same day. That’s exactly how my attorney explained it to me: there’s no reason to wait, the date is available — the package goes straight away. And on an O-1 you can calmly keep extending your status until that point; you’re not left hanging in limbo while the I-140 is being processed.
If you plan to use a travel document (Advance Parole, AP) for a trip — after each entry check the new I-94 on the CBP website. The visa may still be valid, but the authorized period of stay might already have expired — that happens. On AP entry CBP records the updated status and date; you need to check this while your I-485 is pending.