I am currently in the last stage of getting my employment based Green Card (My I-485 has been filed for). I received an EAD valid for a year. I filed for an extension of the EAD some 120 days or so prior to its expiry. USCIS sent in a RFE (Request For Evidence) some 80 days after my filing. I sent in the requested evidence within 10 days of the RFE. When my current EAD expired, I went to the Detroit USCIS office to get an interim EAD. After waiting for over 3 hours, the USCIS rep. took less than 10 minutes to review all my documents and refused to issue me an interim EAD.
I reached the office at 7.30 am on 12/11 (91st day after RD on I-765 notice) and found that I was the only one out there. Since it was 8 deg in the morning, this didnt come as a surprise to me
The office opened at 8 and I was given a token when I entered. I was called in about 20 minutes.
I took the following documents with me:
1. Copy of I-765 notice
2. Copy of I-485 notice
3. Filled out new I-765 form
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.
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.
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?
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.
Number 1
Volume XI
Washington, D.C
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.
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.
01/20/2025 10:54 AM EST
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
USCIS recently updated the following form:
03/06/2025 12:29 PM EST
Edition Date: 03/06/25. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
For more information, please visit the Forms Updates page.
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.
USCIS recently updated the following forms:
Form G-325A, Biographic Information (for Deferred Action)
01/20/2025 10:13 AM 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-134, Declaration of Financial Support
01/20/2025 09:12 AM EST
USCIS recently updated the following forms:
Form N-400, Application for Naturalization
03/04/2025 11:37 AM EST
Edition Date: 03/04/25. Starting 4/4/25, USCIS will only accept the 01/20/25 edition. Until then, you can also use the prior edition(s).
Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records
03/04/2025 11:37 AM EST
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?
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, 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.
Quotes and Excerpts from Rajiv in the article:
An internal Trump administration proposal lists the following countries whose citizens could face restrictions on entering the U.S. Some countries may change in any final order.
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
Published by: The Economic Times - March 17, 2025
https://shorturl.at/8h948
Quotes and Excerpts from Rajiv in the article:
Release Date
03/09/2023
U.S. Citizenship and Immigration Services has published additional online resources on uscis.gov to provide an overview of some of the temporary and permanent pathways for noncitizen entrepreneurs to work in the United States. This guide also highlights some of the most important immigration-related considerations for entrepreneurs contemplating starting or managing a business in the United States.
New pages:
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process