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Guestbook Entry for Goutham, United States
EB-1A Extraordinary Ability
We won a case for an applicant following a Request for Evidence. Initially, we had submitted substantial documentation to show that the Petitioner qualified for the classification based on his original contributions, authorship of scholarly articles and judging of his research peers.
EB-1B – Outstanding Professor/Researcher
We won a case for an applicant following receipt of a Request for Evidence. We submitted evidence to show that the beneficiary qualified for the category having published scholarly articles, authored a book chapter and acted as the judge of her peers. We noted the impact factor for the journals where her work was published and provided citations details. We provided evidence to show that she was a member of an editorial board.
H-1B and I-140: Moving to India & Future Return to the U.S.
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.
Thank You. It has been a great experience working with this law office. They helped me with my green card (EB1 - OR) in 2010 and now (Feb 2017) successfully received by naturalization certificate, again with help from this law office. Went through multiple hassles with immigration but in every step of the way, this team did a great job.
I highly recommend Rajiv Ji's law offices for immigration cases.
Thanks to Rajiv Ji, Diane Lombardo and Lakshmi.
Regards
Goutham