Month: February 2026

1. Can I transfer to Day 1 CPT when my H-1B expires?

A reader asks:
My H-1B expires in September this year, and my company insists on starting the PERM application in the second half of this year. I’d be lucky to even get a PWD before it expires. In this situation, can I use Day 1 CPT to maintain my employment? If so, do I need to maintain CPT until the I-140 is approved, or until I get my green card?

Alan Lee, Esq. answers,
Yes, I agree that it would be very difficult for you to even get the prevailing wage determination by September if the company will not begin your PERM process until the second half of this year and your H-1B will be expiring in September (I assume that the expiration that you are talking about is for the six year limit on H-1B’s). For you to use Day One CPT, you would first have to change to F-1 student. You should also be aware that USCIS generally frowns on the practice and may give problems to your case in the future if you move in the direction, especially if your intended schooling is on the same level as your present degree. On your other question, you may hopefully be able to change back to H-1B when your labor certification application has been pending for one year or the I-140 petition is approved.

2. The I-140 petition must be filed within 180 days of PERM approval.

A reader asks:
My initial understanding was that H-1B visas could be renewed indefinitely under the following three circumstances: If a 1-year or 3-year PERM application is submitted and not approved after one year, it can be renewed for one year. After I-140 approval, it can be renewed for three years. However, I consulted a lawyer today, and she said she had never heard of the first situation. What’s going on? They handle all EB cases at their law firm, so they shouldn’t be unaware of this, right? Also, if the PERM is approved, but the I-140 hasn’t been filed yet, can I still renew my H-1B?

Alan Lee, Esq. answers,
Perhaps you did not express yourself clearly to the attorney, but you are correct that under AC- 21, a H-1B can be extended past the normal six year period of time if a labor certification has been going on for a year in which case the H-1B can be extended for one year. Where the I-140 has been approved, a three year extension can be requested so long as the priority date is not current. To your question of whether you can still extend the H-1B if the PERM is approved but the I-140 not yet filed, such can be done as long as 365 days have passed the PERM was filed. Kindly remember that the I-140 petition must be filed within 180 days of PERM approval.

1. Whether adding a derivative beneficiary will slow down green card processing timeline？

A reader asks:
I submitted I-485 a year ago and was RFE. In the meantime, I got married, and now I want to add my spouse to my I-485.  I have seen posts mentioning that this can be done either through the “follow-to-join” process or by adding a derivative beneficiary to your existing I-485 application. Which option is more reasonable?

My main concern is whether adding a derivative beneficiary will slow down my green card processing timeline. Will it take longer to approve my case if I add my spouse now? Will my spouse receive a green card later if we use the “follow-to-join” process?

Alan Lee, Esq. answers,
Follow to join is usually a process to allow the spouse to consular process his or her case overseas after the principal has received permanent residence. Adding your spouse to your I-485 means that your spouse will be filing an I-485 application on her own based upon your case. It is difficult to say what will happen to your case in terms of delay in that situation, but there is a possibility that USCIS may wish to request evidence or interview both of you to determine the bona fide nature of your marital relationship.

2. Being laid off does not necessarily invalidate an EB-1A visa.

A reader asks:
I have a feeling I might be laid off, so I want to prepare in advance. Last year, the company’s law firm applied for an EB-1A for me, but I got a Request for Evidence (RFE). USCIS accepted two of the supplementary documents. I submitted the required documents by the end of October last year. Last week, I asked about the case status, and the law firm said they are still working on it and plan to submit it by the end of this month. If I am laid off on February 10th and lose my company email, will my application still be valid? Can I use my personal email address to contact them?

Alan Lee, Esq. answers,
I assume that the company law firm will continue to work on and submit your RFE response on a timely basis. If you are laid off by the company, the validity of the EB-1A filing may depend upon whether you are both the petitioner and beneficiary, or whether the company put itself down as the petitioner. If the company is the petitioner, then your petition would be invalid unless the company still wishes to continue the sponsorship despite laying you off. The company at some point in the future would have to assert that it still has a permanent job available for you if you wish to continue to the immigrant visa or I-485 stage. If you are both petitioner and beneficiary, the case can continue. Whether you are able to stay in contact with the company law firm depends upon the arrangement between you and the company. Whether you can continue to receive updates on your case directly from USCIS depends upon whether you are listed as the petitioner. If so, USCIS will send you a separate notice.

1. USCIS is giving additional scrutiny to nationals of China who graduated from one of China’s “Seven National Defense Universities”.

A reader asks:
I graduated from one of China’s “Seven National Defense Universities,” and I applied for EB-3 (downgrade). Both my spouse and I applied. 400 days have passed, and our case is still pending. We received our combo cards in March 2025, and there have been no other updates since then. Last October, the priority date retrogressed, but it became current again in January of this year. Our fingerprints were taken 400 days ago, and we still haven’t heard anything. Should I write to my congressman?

Alan Lee Esq answers,
As you are aware, USCIS is giving additional scrutiny to nationals of China who graduated from one of China’s “Seven National Defense Universities”. It is thus not surprising that your I-485 adjustment of status processing is taking so long. If you or your legal representative have not already done so already, you for your legal representative can contact USCIS at its customer service center at 1-800-375-5283 or make an E-Request electronically at https://egov.uscis.gov/e-request/ if the processing time has exceeded posted current times. If you have already done so, then you may certainly wish to contact your local US representative or senator to look into your case.