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Should I maintain my H-1B during I-485/AOS pendency?

9 months ago By Chief Editor
Question details

I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.

 

FAQ Transcript

You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.

 

H-1B and I-140: Moving to India & Future Return to the U.S.

8 months ago By Chief Editor
Question details

I would appreciate some insights on my H-1B and green card process. Here’s my situation:

I currently have an H-1B visa valid until July 2027.

My company has filed for PERM with a priority date of October 2024.

If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).

I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).

My questions:

Impact on H-1B if I move to India

What would happen to my H-1B if I joined a different employer in India?

What happens if I stay with the same U.S. employer but work from India?

Returning to the U.S. after H-1B expiration

If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?

I-140 and Priority Date Retention

Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?

If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?

 

FAQ Transcript

If you move to India (or another country) after your I-140 approval, your H-1B with your current employer will likely be revoked unless they continue paying your U.S. salary. If your H-1B expires while you are abroad, you can return to the U.S. on H-1B with any employer, as your I-140 remains valid after 180 days. However, you must restart your green card process with a new employer. Your I-140 priority date remains intact, even if you switch from EB-2 to NIW or EB-1A.

 

Visa Bulletin For April 2025

8 months ago By Chief Editor

Number 1

Volume XI

Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Agency

Green Card

Immigration Law

USCIS Forms Update Notice - Form I-485

9 months ago By Chief Editor

USCIS updated the following forms:

Form I-918, Petition for U Nonimmigrant Status

01/20/2025 04:15 PM EST

Edition Date: 01/20/25. As of March 3, 2025, the currently effective version is the 01/20/25 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-485 Supplement J, Confirmation of Valid Job Offer or Request for Job Portability Under INA Section 204(j)

01/20/2025 10:54 AM EST

Recording for March 06, 2025, Conference Call with Rajiv S. Khanna

9 months ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQs: Should I maintain my H-1B during I-485/AOS pendency? || H-1B and I-140: Moving to India & Future Return to the U.S .|| H-1B working remotely from India

Guidance for Civil Surgeons Related to the COVID-19 Vaccine

9 months ago By Chief Editor

As of Jan. 22, 2025, USCIS has waived any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination. USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination.

H-1B working remotely from India

8 months ago By Chief Editor
Question details

I received my H-1B visa in September 2022 and worked at my company’s Scottsdale, Arizona office until March 2024. Since then, I have been working remotely from India for the same company and role. My H-1B visa is set to expire in September 2025.

I have a few questions regarding the extension process:

1. Does my employer need me physically in the U.S. to apply for my H1B extension?

2. If yes, what alternatives are available for my employer to apply while I am abroad?

3. Given that my visa expires in September 2025, when should I start the extension process at the latest?

 

FAQ Transcript

No, your employer does not need you to be physically in the U.S. to apply for your H-1B extension. You can start the extension process up to six months before your H-1B expires, which means you can apply as early as March 2024 for a September 2025 expiration.

 

Rajiv S. Khanna Featured on ET Podcast Discussing Trump's 'Gold Card' Immigration Policy

8 months ago By Chief Editor

Rajiv S. Khanna, Managing Attorney at Immigration.com, recently joined Neil Ghai and Prachi Verma on the Morning Brief Podcast by the ET Bureau. Alongside Sukanya Raman, Country Head of Davies & Associates, and David Lesperance, Managing Director of Lesperance & Associates, Mr. Khanna discussed the sharp contrasts between the established EB-5 visa program and Donald Trump's 'Gold Card' immigration policy.

USCIS Forms Update Notice - I-600, I-730, I-910 and Others

8 months ago By Chief Editor

USCIS recently updated the following forms:

Form I-600A, Application for Advance Processing of an Orphan Petition

01/20/2025 10:51 AM EST

Edition Date: 01/20/25. Starting April 17, 2025, USCIS will accept only the 01/20/25 edition. Until then, you can also use the 10/17/24 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-600, Petition to Classify Orphan as an Immediate Relative

01/20/2025 10:45 AM EST

DOS Travel Alert for Football World Cup in South Africa

15 years ago By Editor

South Africa

May 25, 2010

The Department of State alerts U.S. citizens traveling to or residing in South Africa to safety and security issues related to the FIFA World Cup taking place in nine cities across the country from June 11 to July 11, 2010.  This travel alert expires July 31, 2010.  Full information about the World Cup for American visitors is available on the U.S. Mission to South Africa's dedicated World Cup website.

United States and France Establish Arrangement to Interdict High-Risk Travelers

15 years ago By Editor

Release Date: June 3, 2010

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Washington, D.C. - Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the United States and France have established an arrangement to implement the Immigration Advisory Program (IAP)--which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the United States--at Paris' Charles De Gaulle International Airport.

United States and France Establish Arrangement to Interdict High-Risk Travelers

15 years ago By Editor

Release Date: June 3, 2010

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Washington, D.C. - Department of Homeland Security (DHS) Secretary Janet Napolitano announced that the United States and France have established an arrangement to implement the Immigration Advisory Program (IAP)--which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the United States--at Paris' Charles De Gaulle International Airport.

E-Verify Redesign

15 years ago By Editor

Big changes are coming to E-Verify on June 13 that will enhance its usability, security, accuracy and efficiency. The newly redesigned E-Verify features a clean and modern design, easy and intuitive navigation, and clear and simple language. This section highlights many of the changes you’ll soon see and includes information about opportunities for learning more.

E-Verify Redesign Sneak Preview

15 years ago By Editor

Want to know more about the redesigned E-Verify? We’re offering a few sneak preview Webinars the week before we launch the new site. The 90-minute Webinars will be conducted by a member of the redesign team and will feature a presentation of the changes as well as a question and answer session.

E-Verify Redesign Sneak Preview

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