Search
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.
NIW I-485 rejected: Refiling options and priority date usage?
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
Guestbook Entry for Ashish, United States
Recording for February 15, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: Blacklisted employer, F-1, H-1B, L-1 turned back at the airport || H-1B visa and entrepreneurship: Launching a business with US citizen brother, Shareholding, Green card || National Interest Waiver standards; AI list of critical and emerging technologies focus || OPT EAD errors and typos: Eligibility for resubmission or renewal strategy? || How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
Recording for June 01, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
Discussion Topics, June 1, 2023
Recording for June 15, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Citizenship and Naturalization
Discussion Topics:
Recording for July 27, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Can I omit a previous experience in PERM filing and I-140 transfer between companies? || Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140 || H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India || Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder
Recording for August 24, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
FAQs: - Green card processing, F-1 visa, and H-1B transition: Travel and work considerations - Difference between H-1B consular processing and change of status
Recording for February 02, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Citizenship and Naturalization
Green Card
Discussion Topics, Thursday, February 02, 2023:
FAQ: Criteria for national interest waiver || NIW for physical therapists || Multiple companies applying for H-1B Cap registration - H-1B lottery || Can H-4 visa (no EAD) holders take an unpaid internship? || Can H-4 EAD start a Business in any State? Can a relative's company file H-1B? || H-4 visa dependent children change of status to F-1 before 21 || Filing H-4 and H-1 simultaneously || Status of F-1 once H-4 is approved || Most efficient way to get EAD F-1 or H-4?
NIW Experience - Very Encouraging
Dear all
I came to the USA from New Delhi, India with a Master's in Microbiology in 1992 - to pursue a Ph.D. in Biochemistry / Molecular biology specializing in protein engineering. In 2000, started a post doc- 7 months at Brigham and Women's hospital - did not get along with the indian jerk of a boss so changed to the main Harvard medical School quad under a fantastic caucasian post doc mentor and a very good friend, a very liberal democrat (Go John Kerry).
Green Card
Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending or approved
I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
Recording for May 09, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
Benefits of National Interest Waiver
Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.
Physician's NIW/Complex facts
Our client recently received his green card after a long journey with USCIS. He approached us following a denial of his I-140 (NIW, physician in medically underserved area). The applicant had filed the I-140 and I-485 and then moved to a different state while the applications were pending. There had been no action on the file for 2 years. He submitted a service request with USCIS requesting a status update. USCIS issued a Request for Evidence shortly after the applicant’s move, which was sent to the original address and ultimately returned undelivered.
Profession/Occupation
Green Card
Recording for April 25, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1) H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
2) Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending, or approved
3) What is Cap Gap extension? How does it work?
4)Is it COS to change from cap-exempt H-1B to cap H-1B?
Visas and Green Cards for Artists, Musicians and Performers
[custom:eb-1-classification-introduction]
Profession/Occupation
Green Card
USCIS Updates Filing Procedures for Form I-140
Release Date
01/13/2025
U.S. Citizenship and Immigration Services today announced a Federal Register notice (FRN) providing updated procedures for submitting a Form I-140, Immigrant Petition for Alien Workers, accompanied by a permanent labor certification, application for Schedule A designation, or national interest waiver (NIW) request.
USCIS Updates Guidance on EB-2 National Interest Waiver Petitions
U.S. Citizenship and Immigration Services is updating its policy guidance to clarify how USCIS evaluates eligibility for the second preference employment-based (EB-2) classification for immigrant petitions filed with a request for a national interest waiver (NIW).
Guestbook Entry for Pallav Bhatnagar, United States
Recording for July 11, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQs: Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023 || Assessing eligibility and strengthening profile for EB2-NIW application without a research background
Assessing eligibility and strengthening profile for EB2-NIW application without a research background
I'm from Bangladesh and am pursuing a non-thesis Master’s degree in Civil Engineering at Texas A&M University. My area of specialization is Geotechnical Engineering. I’ll graduate with my degree in May 2025 after completing a co-op with one of the top Engineering and construction companies in the United States. The company also offered me a full-time position after my graduation so that I could continue my work with them. Many PhD candidates from my country with a master's degree are applying for EB2-NIW using their citations and research experience.
1. Since I lack a prominent research background (basically, I have no experience at all in terms of publication/citation), do I have a chance of getting approval for EB2-NIW?
2. Is citation/research compulsory for EB2-NIW to get approved?
3. If I want to apply in the future, how should I prepare my profile to increase my chances? I’m more interested in working in the industry than in research and academia.
4. I want to mention that, from my experience, there is a huge demand for geotechnical engineers in the civil engineering industry, but not many people, especially Americans, are pursuing this major. Can I use this fact to show national interest?
The key is to emphasize activities and achievements that demonstrate your potential to contribute significantly at a national scale. Your profile should highlight projects or initiatives that have a broad, national-level impact, as this aligns closely with the NIW criteria.