Year: 2026

1. USCIS expects to see the last 3 payslips to determine the start of the 60-day grace period

A reader asks:
I have been in this company for three years. I had to wait for a year before my green card process could begin. It took 10 months to prepare and submit the PERM application, which was submitted in November 2023 while my H-1B extension was still pending. The company notified me on the same day that my separation date was immediately effective, but they would keep me on the payroll for 5 months. However, this does not help me continue my green card application. I consulted the company’s lawyer and asked if they could help push through my I-140. The lawyer said that it depends on the company’s decision and the chief officer. I hope the company will extend my last working day and assist with the I-140 process. I have scheduled a meeting with them, but my expectations are low.

The lawyer said that my grace period actually started on my termination date, but neither the lawyer nor the company will report to USCIS. He implied that I could use the payroll paycheck date to transfer my H-1B, but I don’t want to take the risk, so I plan to switch to a B-2 visa in a month. I just spoke with the chief officer and learned that the company will not support my I-140 application. I’m now preparing to find a new job. The lawyer mentioned that my grace period starts from the day I was terminated, but my H-1B expired in December last year, and the extension is still pending. Does that mean my grace period actually started from December last year?

Alan Lee, Esq. answers,
During the time that a H-1B extension application is pending, the beneficiary still considered in H-1B status as long as he or she is still with the company. In your situation where the company has separated you during the time of extension, you are given 60 days grace period to find and file a new H-1B petition or take any other action to keep legal status or leave the country. For a new employer to file a H-1B transfer petition or for you to file for a B-2 visa status, USCIS expects see the last 2-3 payslips to determine the start of the 60-day grace period.

2. What to do if I haven’t received the filing receipt for over 1 month?

A reader asks:
I submitted I-485, and now I haven’t received the receipt. It has been a whole month, and the immigration office has not deducted any money, and I have not received a receipt; there is only a confirmation from UPS, and the location is the Chicago office. What should I do?

Alan Lee, Esq. answers,
If your case was delivered to the Chicago office, which is a lockbox, you can attempt to contact USCIS at lockboxsupport@uscis.dhs.gov and perhaps be able to obtain some idea of what has happened to your case. You may wish to initially check whether you sent the package to the correct address. If it is only one month, you may wish to wait another one-two weeks to take into account workload spikes, especially around the holidays.

1. A request for porting is conditioned upon the I-140 petition being approved and 180 days have passed

A reader asks:
I applied for a professional-based visa to avoid the EB-3 visa because Schedule B is open. I submitted my I-485 and all the necessary documents (including the medical examination report) in early October. However, the Schedule A is still four to five months away. I got my fingerprints taken in early November and quickly received my Combo card. I’m now looking to change jobs after Christmas. I heard there’s a 180-day rule, meaning I have to wait 180 days after submitting my I-485 before I can change jobs. Can I change jobs without waiting 180 days in my current situation? Will the USCIS ask for a paycheck to verify that I’ve been with the company for 180 days since submitting my I-485?

Alan Lee Esq. answers:

Changing jobs now instead of waiting for 180 days brings risk. Your new employer may, by company policy, disclose your start date. A request for porting is conditioned upon the I-140 petition being approved and 180 days passing before changing over to the new employer. There is a possibility that USCIS will not notice and approve the porting under the scenario that you present, but we do not recommend it. USCIS to our knowledge does not normally require payslips in a porting situation.

2. The criteria for NIW is that the person’s proposed endeavor has both substantial merit and national importance

A reader asks:
In June 2024, I filed my NIW I-140 in the US. After graduation, I applied for jobs everywhere, but only received an offer from one company in China. If I return to China to work, will this affect my future I-485 application?

Alan Lee Esq. answers:
The criteria for NIW (National Interest Waiver) is that the person’s proposed endeavor has both substantial merit and national importance; the person is well-positioned to advance the proposed endeavor: an on balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirement. Since the purpose of NIW is to benefit the United States, you may run into questions on a future I-485 application where your working history does not appear to align with the promises that you are making to this country.