Why is everyone so sure that an approved I-140 automatically means immigrant intent? Is there any official confirmation of this? I saw examples on a forum where someone extended their tourist status inside the U.S. after filing an I-140, and for the extension they got an RFE — USCIS directly asked why they were extending tourist status if they had already applied for immigration. I’m wondering, are these isolated cases or is this really an established practice?
Look, it’s not that it automatically means that, but in practice officers look at the whole picture. The I-140 by itself isn’t formally considered immigrant intent — it’s the employer’s petition, not yours. But if you’re simultaneously extending a nonimmigrant status, they start asking things like ‘why are you staying here if not for the green card?’ I’ve seen RFEs in such cases more than once; it’s not isolated — it mostly depends on the particular officer and how you filled out your DS-160.)
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one more thing — formally the I-140 (Immigrant Petition for Alien Worker) is the employer’s petition; you might not even know it was filed (theoretically). but the I-485 (Application to Register Permanent Residence or Adjust Status) is your personal application, so it’s hard to dispute. in practice, though, officers don’t always follow that logic — for some people the mere fact that an I-140 exists is enough. so it’s better to think in advance about how you’ll explain it if they ask.
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Long story short, yeah — the main takeaway is: prepare an explanation in advance and don’t assume you’ll get away with it. Even if, formally, you’re right that the I-140 isn’t your intent, the officer might not care about the formalities. But that’s no reason to panic; just be ready to calmly explain your situation )
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There’s a nuance with the O-1 — according to the FAM (Foreign Affairs Manual) it’s officially dual intent. When you apply for the visa, you have to prove non-immigrant intent, but once you’re an O-1 holder you have the right to immigrant intent at the same time. And an interesting point about the DS-160 — it directly asks whether you filed an I-140, but it doesn’t ask which process was chosen: inside or outside. So formally you can answer honestly and at the same time explain that the I-140 is the employer’s petition, not your personal application for immigration.
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So if you open the I-140, you’ll see in big black letters: IMMIGRATION PETITION
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