November 2025 – Alan Lee

Alan Lee, Esq. Q&As published on the World Journal Weekly on November 23, 2025： 1. Encouraging organizations to begin PERM labor certification applications at latest when H-1B holders have finished the first three years

1. Encouraging organizations to begin PERM labor certification applications at latest when H-1B holders have finished the first three years

A reader asks：
I’m currently in my third year on an H-1B. My boss supports my green card application, but I’m a junior employee and haven’t been promoted yet. Our company’s policy is for managers to apply for JD Manager status. I’ve applied three times, but the immigration team rejected each application, saying it wouldn’t be approved. After some research, I think my situation is more like a YOE0, as I only have about a year of internship experience. What should I do? Should I consider changing jobs? Or should I talk to my boss again? Are there any other options? My current job is relatively stable, and my boss treats me very well. The only downside is the location. This is a rural area, and I’m feeling a bit depressed living here. I work as a model development analyst. I’m a bit unsure what to do.

Alan Lee Esq. answers:
As you are currently in your third year of H-1B, you would already have had two years of prior experience either within the company or outside. The manager can perhaps consider the company requirements for the position taking a harder look at your experience and other qualifications, or the company could perhaps consider you for a future position in which your current experience would be relevant. Your company appears to have a set procedure for beginning labor certification applications, which is commendable. You should continue to work with your manager as it does not appear hopeless at this time from the facts as you have given them. If you do decide to switch jobs, you may wish to confirm with a subsequent employer that it will start your PERM application soon since the process -from putting together job description and requirements, going through the prevailing wage determination, recruitment, and running time of labor certification applications – is currently very long. We ourselves are encouraging organizations to begin PERM labor certification applications at latest when H-1B holders have finished the first three years of the usual six-year period of time for H-1B’s, if not earlier.

ALAN LEE AND ARTHUR LEE HONORED WITH SELECTIONS AS TOP NYC LAWYERS IN IMMIGRATION LAW IN 2025

The 2025 annual list for the top attorneys in the New York Metro area is out and Alan Lee, Esq., was again selected as a Super Lawyer and his partner, Arthur Lee, Esq, selected as a Super Lawyer Rising Star.

This is the 14th time that Alan Lee has been selected, having previously been honored in 2011, 2013-2024, and the first selection for Arthur Lee.

Alan Lee was earlier selected in August for the second time for the 2025 Best Lawyers in America™, which honors the top 6% of practicing attorneys in the country and Arthur Lee was selected at the same time as a Best Lawyers, Ones to Watch.

Both practice U.S. Immigration and Nationality Law in their law firm, Alan Lee and Arthur Lee, Attorneys at Law, near Penn Station in Midtown, Manhattan.

Alan Lee, Esq. Q&As published on the World Journal Weekly on November 16, 2025：1. EB-1A was approved, there are options for your spouse to maintain legal status 2. For H-1B extension, you can return to the US during the time that the extension is pending or after it has been approved if you have a valid H-1B visa

1. EB-1A was approved; there are options for your spouse to maintain legal status

A reader asks:
My EB-1 has been approved, and I plan to file my I-485 next month. I have a NIW visa cutoff for December 2022, so I can file. My wife just quit her job a few days ago. I was thinking that since my I-140 was still a long way off, I’d switch from H-1B to H-4 and take a break, then look for another job after getting my Combo EAD. But then, my EB-1A was approved, and my wife has officially submitted her resignation to her employer, so she can’t continue working and maintain her H-1B status. However, since I have almost all the documents ready, there should be no problem filing the I-485 within the next two months. If my wife’s H-1B grace period is still in effect, does she need to first file an H-1B to H-4 conversion and then file an I-485?

Alan Lee Esq. answers:
There appear to be three situations for your wife. The question is which one she wants to take, and this may have to do with gambling on the experience of the USCIS adjudicating officer.
The one option that everyone understands is filing to change status from H-1B to H-4 since a timely request to change status preserves nonimmigrant status. The second option to file the I-485s within the 60 day grace period allowed for individuals on H-1B who leave or lose their positions. This requires more understanding from an immigration officer that the H-1B holder is legally in status during the 60 day grace period. The third option is to file outside the 60 day grace period relying on an immigration provision, §245K, which allows up to 180 days for a person not in status to still be able to file adjustment of status applications so long as the application is employment-based and the individual entered the US with a visa. This requires a little more understanding from an immigration officer.

2. For H-1B extension, you can return to the US during the time that the extension is pending or after it has been approved if you have a valid H-1B visa

A reader asks:
I’m a SWE2 at a Chinese company in H-1B status. I received notification this week that my I-140 has been approved. Over the past year, layoffs at various companies and the slow progress of my team’s projects have left me feeling extremely exhausted and often sleepless. I’m desperate for some rest. My family has been asking me to go back to visit my elderly family, so I’m considering returning to China. I’m thinking of taking this opportunity to return. I know that if I get my I-140 now, the green card wait time will be many years. Can I return to my home country now, then use my H-1B to find a job in the US in a few years, and then return? I can skip the lottery and apply for a new perm and I-140, ensuring my status is complete by the time the wait time comes. Is this feasible? Another question: My H-1B expires in September of this year, and my company has already applied for an extension, effective in September. How will this affect my return to my home country?

Alan Lee Esq answers,
Under your first scenario of going back to your home country and trying to come back to the US after a few years, you should be able to use the time that you have left under the H-1B to find a US job and return. You would avoid the visa lottery, and you may be able to have another company start up your PERM and I-140 processes picking up your priority date along the way. I assume that your concern about the H-1B extension goes to your other scenario of only returning to your home country for a short break and some travel with your parents and then coming back. For H-1B extension, you can return to the US during the time that the extension is pending or after it has been approved if you have a valid H-1B visa.

Article: EAD Automatic Extensions Abruptly Ended

As published in the Immigration Daily on November 4, 2025

On October 30, 2025, USCIS announced through an interim final rule (IFR) in the Federal Register that as of that date, it would no longer allow the 540 day automatic extension of employment authorization renewal applications for any applications filed on or after October 30, 2025. https://www.federalregister.gov/documents/2025/10/30/2025-19702/removal-of-the-automatic-extension-of-employment-authorization-documents Applications filed prior to October 30, 2025, will continue to receive the benefits of automatic extension. To avert breaks in employment, the agency recommends that applicants file renewal applications up to 180 days prior to the expiration date. https://www.uscis.gov/newsroom/news-releases/dhs-ends-automatic-extension-of-employment-authorization. The rule affects those in the following classes who would normally be allowed the 540 days if they filed timely extension requests in the same employment authorization category:

Aliens admitted as refugees (A03);
Aliens granted asylum (A05);

Aliens admitted as parents or dependent children of aliens granted permanent residence under section 101(a)(27)(I) of the INA,8 U.S.C. 1101(a)(27)(I) (A07);

Aliens admitted to the United States as citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau pursuant to agreements between the United States and the former trust territories (A08);

Aliens granted withholding of deportation or removal (A10);

Aliens granted TPS, if the employment authorization category on their current EAD is either A12 or C19 (A12);

Alien spouses of E-1/2/3 nonimmigrants (Treaty Trader/Investor/Australian Specialty Worker) (A17);

Alien spouses of L-1 nonimmigrants (Intracompany Transferees) (A18);
Aliens who have filed applications for asylum and withholding of deportation or removal (C08);

Aliens who have filed applications for adjustment of status to lawful permanent resident under section 245 of the INA,8 U.S.C. 1255 (C09);

Aliens who have filed applications for suspension of deportation under section 244 of the INA (as it existed prior to April 1, 1997), cancellation of removal pursuant to section 240A of the INA, or special rule cancellation of removal under section 309(f)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (C10);

Aliens who have filed applications for creation of record of lawful admission for permanent residence (C16);

Aliens who have filed applications for TPS and who have been deemed prima facie eligible for TPS under 8 CFR 244.10(a) and have received an EAD as a “temporary treatment benefit” under 8 CFR 244.10(e) and 12(c)(19) (C19);

Aliens who have filed legalization applications pursuant to section 210 of the INA,8 U.S.C. 1160 (C20);

Aliens who have filed legalization applications pursuant to section 245A of the INA,8 U.S.C. 1255a (C22);

Aliens who have filed applications for adjustment of status pursuant to section 1104 of the Legal Immigration Family Equity Act (C24);

Certain alien spouses (H-4) of H-1B nonimmigrants with an unexpired Form I-94 showing H-4 nonimmigrant status (C26); and

Aliens who are the principal beneficiaries or derivative children of approved Violence Against Women Act (VAWA) self-petitioners, under the employment authorization category “(c)(31)” in the form instructions to the EAD application (C31).

The immediacy of the rule is shocking and definitely disadvantages those applicants with little time left who have not yet filed for one reason or another, e.g. waiting to see if their I-485 adjustment of status filings will soon be closed out or scheduled for interview or considering change to another status. Now they will have to scramble to file their applications or risk a gap in ability to work. For others, they should file as close to the 180 day mark as possible and hope to receive an adjudication before their time runs out.

Interested persons can and should give comments to the IFR. For example, they may discuss other actions that USCIS could have taken to lessen stated concerns of public safety and national security such as paring back the automatically extended time to 180 days or even 120 days, especially in light of USCIS inconsistency in adjudicating EAD extensions on a timely basis within 180 days. As per USCIS projected processing times, EAD renewals for asylum applicants are currently running 6.5 months; and although there is no breakdown between initial and renewal applications, I-485 adjustment EADs are running 3.5 months at the National Benefit Center (NBC), but seven months at Service Center Operations (SCOPS), and “All Other Applications” are 5 months with NBC but 10.5 months with SCOPS. https://egov.uscis.gov/processing-times/. It should also be remembered that USCIS many times exceeds the projected processing times, and inquiries usually bring back less than helpful responses. DHS gave short shrift to the idea of returning the 180 day automatic extension period, saying that it suffered the same flaws as the 540 day automatic extension, but there is a huge difference between 540 days versus 180 or even 120 days, and acceptance of an alternative would balance the concerns of public safety and national security with the expectation of US employers and applicants to have uninterrupted work if timely requests for extension are made. Comments are due by December 1, 2025, identified by DHS Docket No. “USCIS-2025-0271”, through the Federal e-Rulemaking Portal: http://www.regulations.gov.

Alan Lee, Esq. Q&As published on the World Journal Weekly on November 2, 2025：1. In applying for the green card, you should disclose all nationalities. 2. You should obtain another position in the same or similar occupation prior to the adjudication of your I-485 application. 3. After activating the Combo EAD card, you would technically have no status if your I-485 application is denied.

1. In applying for the green card, you should disclose all nationalities.

A reader asks:
I previously worked in Canada for a US company for a year, then came to the US as a Chinese national on L-1 status. I later became a Canadian citizen (but would like to retain my Chinese identity). My company is applying for a green card for me, but I have a few questions:

Do I need to fill out the citizenship form on the green card application? Do I need to add that I’m a Canadian citizen? My US visa is for my Chinese passport, and currently only states “China.”
If I truthfully state that I hold both Chinese and Canadian passports, can I apply for a green card using my Canadian passport? However, I’m a Chinese national in the US with L-1 status. If I disclose my Canadian status, will my Chinese L-1 status still be valid in the US?
I’m working and living in the US with an L-1 visa (Chinese passport), but need to use my Canadian passport when returning to Canada. What should I do about round-trip travel between the US and Canada? Do they use their Chinese passport for entry and exit in the US, and their Canadian passport for entry and exit in Canada? However, sometimes flights check for valid visas when picking up their tickets. If I don’t have a Canadian visa or green card, can I just show my Canadian passport? However, the Canadian passport is not the same Chinese passport I used to purchase the ticket.
Can I travel from the US to other Canadian visa-free countries using my Canadian passport without a visa? That way, there would be no exit record from my Chinese passport in the US on my return trip. Is this possible?
Can I use only my Chinese passport to travel back to China from the US in the future?

Alan Lee Esq. answers:
While not claiming to know any immigration laws other than the US, it is my understanding is that China does not allow dual citizenship. It would appear that your questions concern attempting to dance between passport presentations to one country or another. In applying for the green card, you should disclose all nationalities. The green card application is tied to your meeting the requirements for the green card, not to your passport. Revealing your Canadian citizenship should not affect your L-1 status as the L-1 depends upon your continuing to meet requirements of L-1 eligibility. On your questions 3-5 concerning which passport to use for entry and exit or to go to visa free countries or China, I cannot claim to know the answers as I am not aware of the immigration rules of Canada, visa free countries, or China. I would venture guesses that for Canada and visa waiver countries, you can use the Canadian passport although you should carry both and for China, it only recognizes one passport. Perhaps other legal counsel dealing in international law could answer your questions with more certainty, or you could contact consulates or embassies of the countries to which you wish to travel. Good luck.

2. You should obtain another position in the same or similar occupation prior to the adjudication of your I-485 application.

A reader asks:
I was currently an EB-3 applicant last year, and a major company filed an I-485. I had my fingerprints taken in September 2023 and received my combo card in mid-2024. I’ve been waiting about 450 days for my green card. In October 2024, I changed jobs to a Chinese company and applied for an H-1B transfer. I’m still on H-1B status. However, the new company hasn’t filed an I-485j yet. Your attorney must file it when you have a green card interview; don’t file it if you don’t have one. A week ago, I was unfortunately laid off and am now in the H-1B grace period. I have a combo card, so I’m not worried about legal stay in the US, but I’m concerned about green card approval. Will the company that laid me off not file an I-485j for me affect my I-485 approval? It’s my understanding that if I haven’t found a job after 60 days, my combo card will automatically be used to maintain my US status. Does that mean I don’t have to worry about being unemployed after 60 days? I just need to make sure my next company files an I-485j for me during the green card interview.

Alan Lee Esq. answers:
As you have maintained status at all times and are now in the H-1B grace period, your status is still good to file for a further H-1B with another employer at this time or to continue employment on your combo card assuming that it is not expired or expiring. In your situation, you do not have to worry about the fact that your last employment did not file for job porting under I-485J. You should ensure, however, that you obtain another position in the same or similar occupation prior to the adjudication of your I-485 application. You should not depend upon waiting until you receive a notice of interview as USCIS may make a decision on your employment-based case without giving you an interview.

3. After activating the Combo EAD card, you would technically have no status if your I-485 application is denied.

A reader asks:
After activating the Combo EAD card and starting to use it for work, if my I-485 is later rejected, can I still switch back to H-1B? I know this question has been asked many times, but the answers seem to vary. How do I do this specifically?

Alan Lee Esq. answers:
If relying upon only the combo card, you would technically have no status if your I-485 application is denied. In order for you to obtain H-1B status again, you would have to leave the US after H-1B approval (prior to 180 days of unlawful presence after the denial) and reenter the country under H-1B status. H-1B is a dual intent visa, and so the fact that you have applied for the I485 previously should not factor into the question of admissibility. What may be considered are that the I-485 was denied and the reason(s) behind the denial.