Guestbook Entry for Chris Alberti, United States
Name
Chris Alberti
Country
United States
State
New York
Search
EB-3 category
Question details
I am on EB3 category and have been working in the IT sector for the last 6 years and one year ago I completed my MBA too. I am currently working as a contractor and using my EAD. I am on Adjustment of status right now. Is it possible to change my category from EB3 to EB2?
It is possible, but the green card will have to be started again from PERM.
Perm process during OPT
Question details
I completed my master’s degree last summer and started working with a company from 2 months.
I am in OPT status right now and I wanted to know, if I am eligible to file for Green Card process with my current employer. If yes can I file in EB2? I have 2 years IT experience in India If no, do I have to wait until I get H1b. Is the Green card process dependent on H1B?
This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.
PERM Processing Times (as of 03/01/2025)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | October 2023 |
| Audit Review | N/A |
| Reconsideration Request to the CO | January 2025 |
Green Card
Immigration Law
H-1B and I-140: Moving to India & Future Return to the U.S.
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.
My ETA form 9089 (PERM) has been certified in the record time of just 5(!) business days after it was filed by your office. Special credit goes to my case manager Ms. Richa Narang and also to Mr. Rajiv Khanna for their restless dedication, diligence, and hard work. You guys have shined by meticulously closing any possible gap there could have been in executing the filing documents. Your advise has been prompt and refreshing. it was always in plain English and right on point on the law without overcomplicating things. Your patience is unmatched. This overall impression echoes the experience I have made when we filed the h-1b for my wife who received her visa in less than a month after filing. I look forward to tackling the next stage (I-140) knowing that things will almost run on auto-pilot. Best wishes to your entire team for 2011. Thanks, Chris Alberti