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.
Related terms
Priority date
The date your green card application 'started' — determines your wait under USCIS Visa Bulletin.
AC21 (American Competitiveness in the 21st Century Act)
2000 statute that codified H-1B portability + 1- and 3-year extensions past the 6-year cap for green-card-pending workers.
Compelling Circumstances EAD
1-year work authorization for principal beneficiaries of approved I-140s facing compelling circumstances. Heavily under-used.
H-1B
Specialty-occupation work visa. Initial term 3 years, extendable to 6 (and beyond, with mature I-140).
Need the personalized version?
The grace-period calculator and severance optimizer apply these rules to your specific facts. Free.