EAD and AP on an O-1 visa — does that mean the I-140 has already been approved?

US visas Ask a question
1

Can you tell me: if a person has received a work authorization (Employment Authorization Document, EAD) and a travel document (Advance Parole), does that mean their I-140 petition has been approved? This is about applying for a green card while on an O-1 visa.

2

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.

6 Likes
3

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?

6 Likes
4

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.

6 Likes