Alan Lee, Esq. Q&As published on the World Journal Weekly on June 28, 2026: 1. The premium processing is technically only for the I-140 petition

1. The premium processing is technically only for the I-140 petition

A reader asks:
Last February, I filed an I-140 petition to downgrade my EB category to EB-3 (non-premium processing), submitting it concurrently with my I-485, I-765, and I-131 applications. At the time, only the EB-3 “Dates for Filing” (Table B) had become current; however, the “Final Action Dates” (Table A) were not far behind, so I didn’t feel it was strictly necessary to pay for premium processing for the I-140. My attorney also advised against expediting the process right at the start; later, when I saw that the visa bulletin priority dates had retrogressed significantly, I decided against expediting it after all. About two months later, I received my Combo Card; however, it has now been 15 months since I filed the I-140, and it still hasn’t been approved—a timeframe far exceeding the normal processing standards. I have already submitted two inquiries via the USCIS website, but I haven’t received a response to either of them. Are they essentially trying to force me to pay the premium processing fee before they will actually process my case?

Alan Lee, Esq. answers,
You can continue making inquiries with USCIS, and hopefully you will soon receive a decision. You can also contact your US Congressman or Senator’s office for assistance. Otherwise, if you believe that you cannot wait much longer, you may wish to consider paying the premium processing fee which is presently $2965. As you may be aware, paying the premium processing fee does not mean that you will receive an approval within 15 business days. You can also receive a request for evidence, notice of intent to deny, or a denial. In addition, an approval of the I-140 petition under premium processing does not mean that you will receive a concurrent adjudication of the I-485. It may turn out that action on the I-485 will follow, but the premium processing is technically only for the I-140 petition.

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 21, 2026: 1. Filing an I-485 may be viable as long as you have maintained legal nonimmigrant status 2. USCIS processing time for AP, 80% of cases exceeds a year

1. Filing an I-485 may be viable as long as you have maintained legal nonimmigrant status

A reader asks:
I filed for I-140 two months ago without premium, and it’s still pending. Unfortunately, I was just laid off. Company policy says they won’t withdraw the I-140, but if there’s an RFE, the company won’t respond. If everything goes well, it may still be approved. Now, that PERMs are often getting denied, I’m wondering: If I return to the same company a year later, and my I-140 is still pending and PD is current, can I expedite the I-140 and file I-485?

Alan Lee, Esq. answers,
The scenario that you suggest of returning to the same company a year later when the I-140 is still pending, the priority date is current, and at that point expediting the I-140 and filing an I-485 adjustment of status application may be viable as long as you have maintained legal nonimmigrant status and the company is willing to continue sponsoring you for permanent residence because it has a permanent full-time position for you consistent with the terms of the labor certification.

2. USCIS processing time for AP, 80% of cases exceeds a year

A reader asks:
I filed my I-485 application concurrently with my EAD application in early October of last year; however, I did not apply for Advance Parole (AP) at that time. My application was approved last December, but for various reasons, I still did not apply for AP. At the time, I estimated there was a high probability that I would need to return to my home country sometime during the first half of this year. I also still held a valid H-1B visa at that time. Now that my H-1B visa has just expired, should I apply for AP? I’ve heard that current processing times for AP are approaching one year; given this, is there any practical point in applying for it now?

Alan Lee, Esq. answers,
I assume that the application that was approved last December was for the EAD and that your I-485 remains pending. The advance parole is a safer way to travel in your case as it does not entail interviewing with a US consular officer if it is the visa that is expired, but not the H1B status itself. If the status is expired, the only choice for leaving would be advance parole. During the Trump administration, temporarily leaving the US is not recommended for nonimmigrants for nonemergency reasons because of the heavy vetting at the consulates and airports. You can apply for advance parole now, but note that the published USCIS processing time for 80% of cases exceeds a year. (For the readers, this timeline is not applicable in many situations in which USCIS receives concurrent applications for both EAD and advance parole and chooses to process both at the same time).

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 14, 2026: 1. If you are traveling under advance parole, you are not required to have a H-1B stamp 2. Why did I not receive a receipt for my filed application?

1. If you are traveling under advance parole, you are not required to have a H-1B stamp

A reader asks:
I scheduled an H-1B interview in mid-to-late August.  My H-1B is expiring, and I can’t file for extension until early August. I plan to enter the US using advance parole. Do I need to get H-1B stamped abroad? If I get a NOID or am denied and then go abroad to get H-1B, will it be too late?

Alan Lee, Esq. answers,
If you are traveling under advance parole, that is separate from H-1B and you are not required to have a H-1B stamp in your passport to return. I do not understand why you would go abroad to get a H-1B stamp if you are denied or obtain a notice of intent to deny (NOID). Perhaps you are thinking that you will overcome the NOID and the denial will pertain to maintenance of status in the US rather than the merits of the H-1B petition itself. In that case, you would likely have to reschedule the appointment at the consulate as the timing would likely not work out and the DS- 160 used to schedule the appointment would no longer be accurate.

2. Why did I not receive a receipt for my filed application?

A reader asks:
I filed for expedited NIW processing two months ago and still haven’t received the receipt notice. I first submitted in December 2025, but it was returned in Feb due to an expired form. I corrected it and resent the same day. Until now, I still haven’t received anything, and the check hasn’t been cashed. I did it myself and was later had a lawyer review the package. The lawyer said it looked fine. What could be wrong?

Alan Lee, Esq. answers,
There are a number of reasons for which you may not yet have received the receipt notice after returning the package with the correct form following rejection. You have said that you had a lawyer review the package, but a lawyer who is not working on the case may not give as much attention to it as one on which he or she is actually doing the work. You may have sent the package to the wrong address or given the wrong amount of payment or made mistakes on the forms. We have also heard recently that USCIS has not been particularly speedy in working on resubmitted cases. Hope that you hear something soon.

Article: Trump Administration Getting Ready to Rip the Roof off of America After Midterms

As published in the Immigration Daily on June 10, 2026

What do you do with $170 billion given to you for immigration enforcement under the Big Beautiful Bill in 2025? What do you do with the additional $70 billion on its way to completely fund ICE through Donald Trump’s second term in office after passing the critical Senate vote last week? The answer is to spend it on a mass deportation program not bounded by whether the deportees have criminal records nor restricted by the number of equities that they may have, e.g. long-term residence, steady jobs, contributions to the community, history of supporting family, familial ties to US citizens or permanent residents, etc. They will undoubtedly come after someone you know and like or a relative of that person.

What is holding up the process now? Possibly the backlash against ICE for its violent tactics lighting up the national media and killings of Americans Renée Good and Alex Pretti in Minnesota, but most probably concern and anxiety over the midterm elections and how scenes of chaos, mass arrests and deportations will affect the votes of Independents.

If the Supreme Court holds in favor of the Administration on the birthright citizenship issue, estimates are that 100 million persons could be deported. That would rip the roof right off of this country and weaken America immeasurably. Administration officials are contemplating deporting 100 million including almost 50 million US-born citizens. DHS posted an image of a sunny unpopulated beach with a vintage 1970s car in December with a caption that this would be the peace of a country no longer besieged by the Third World after 100 million deportations https://x.com/DHSgov/status/2006472108222853298 . Greg Bovino, the border patrol chief who retired after Minnesota, said that while leading border patrol’s interior operations, he had drafted a plan to deport 100 million people and when he reiterated his call for 100 million deportations at the Conservative Political Action Conference (CPAC) in March 2026, GOP political candidates echoed his call. https://www.theunpopulist.net/p/trump-isnt-just-after-undocumented Although the Solicitor General told the Supreme Court that Trump’s order would only apply prospectively to children born after it was signed, Justice Sotomayor pointed out that by the logic of his position, this president or the next president or Congress or someone else could decide it shouldn’t be prospective and then there would be nothing limiting that, according to the Solicitor General’s theory.

The White House appears to be preparing Americans for the mass deportations by dehumanizing undocumented immigrants in a May 28, 2026, video opening up in green lettering against a black background akin to a science fiction movie involving aliens, “They Walk Among Us”, and quickly moving on that the aliens are illegal aliens who should not be here and should be deported. “Aliens have been walking among us, living in our neighborhoods, and interacting with us in our daily lives. They’ve shopped in the same stores, attended the same classes as our children, and lived seemingly normal human existences… Millions arrived under the cover of darkness and embedded themselves directly into our society… President Trump was the first to call out the real danger Aliens pose to every American family, every community, and the future of our nation.” https://www.whitehouse.gov/aliens/?utm_source=substack&utm_medium=email . The video concludes with a number counter for “Encounters” presently over 3 million and an alien arrest map of those caught in various parts of the country.

The Washington Post reported that White House officials and House Republican leaders advised Republican members to avoid emphasizing the phrase “mass deportations” and instead focus on deporting violent criminals and public-safety threats. The report stated that this advice was given specifically in the context of the upcoming midterm elections. https://www.washingtonpost.com/politics/2026/03/10/trump-gop-deportations-midterms/?utm_source=chatgpt.com. In the March 2026 Republican congressional retreat in Doral, Florida, Deputy Chief of Staff James Blair and Republican Lisa McLain (R-Michigan), chair of the House Republican conference, instructed congressional members to avoid talking about sweeping deportations of undocumented and instead to focus only on deportations of violent criminals.

Republicans know that mass deportation scenes could lose them the midterms. A Reuters/Ipsos poll found that aggressive deportation policies could create political problems for Republicans in the midterms, particularly among independents. According to the poll, a majority of Americans—and an even larger share of independents—said they were less likely to support candidates associated with the administration’s deportation approach. Support for the administration’s handling of immigration reportedly declined compared to earlier in the term. https://www.reuters.com/world/us/trumps-deportation-push-could-cost-republicans-midterm-elections-reutersipsos-2026-04-22/?utm_source=chatgpt.com

The watchword is that people should not be lulled into thinking that the increased rhetoric of immigration enforcement against criminals and public safety threats and not others will hold after the elections. There is too much at stake for the President and his MAGA movement to not strike sharply at the hearts of immigrants and even birthright Americans if given the support of the Supreme Court. $240 billion is a lot of money that has to go somewhere, and particular areas for spending include constructing many more mass detention/deportation camps, purchasing a fleet of deportation planes, paying other countries exorbitant amounts to accept deportees that cannot be returned to their home countries, improving logistics in detaining and transporting detainees, mass hiring of ICE personnel, purchasing weapons, riot gear, ground transportation, and obtaining the newest state-of-the-art invasive AI products which can and already have been used against Americans.

The future is being written now, and it appears increasingly grim for a large number of those that we call our family members, neighbors and friends.

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 7, 2026: 1. If a PERM were to begin today, it might not be completed within 21 months 2. You would violate H-1B status if you worked with the EAD for another employer 3. An individual self-petitions for the NIW, the case can continue even the individual has changed jobs. 4. It has usually taken much time in the past for the agency to work on a returned case

1. If a PERM were to begin today, it might not be completed within 21 months

A reader asks:
I just received an email from my company stating that our PERM process is being temporarily suspended due to current market conditions, with no definite timeline for resumption. My Prevailing Wage Determination (PWD) has already been approved, and we are currently in the recruitment advertising phase—which began in March—so it is highly likely that we will be unable to proceed with the standard filing. My H-1B visa is set to “max out” (reach its six-year limit) in October of next year. When I initiated the green card process, the company agreed to sponsor me only under the EB-3 category, as EB-2 sponsorship is reserved exclusively for employees at the Senior Manager level or above. My employer is a global consulting firm. Currently, the business within my specific department remains stable, my individual performance is strong, and I am leading a small team. I never expected such an abrupt turn of events. Could you please offer any viable strategies or options I might consider?

Alan Lee, Esq. answers,
Under the circumstances where it appears that your H-1B max out is next October (21 months from the date of this answer), and you seem fairly certain that filing on schedule will be impossible due to the PERM processing being paused by the company with no clear restart date, you can either try to further discuss this with the company, or if truly dissatisfied, attempt to move on to another organization with the understanding that it will begin the PERM process for you as soon as possible. If a PERM labor certification application was to begin today, it is highly doubtful that it would be completed within 21 months even if everything went well. But perhaps with your company or another organization, you could make plans as to how you could cover the time gap in status under which you would not be covered by an H-1B approval. Good luck.

2. You would violate H-1B status if you worked with the EAD for another employer

A reader asks:
I used to think once I used my EAD, I could not return to H-1B. But ChatGPT told me that once I re-entered the US using the combo card, I would become a parolee and can work for my employer.  If I lose my job, the 60-day H-1B grace period doesn’t apply.  I can even collect unemployment benefits or work for another employer using EAD. And if I want to go back to H-1B, an employer just needs to file a transfer.  So I can freely use EAD during I-485 pending and not worry about getting back on H-1B if I-485 is denied.  Is this understanding correct?

Alan Lee, Esq. answers,
No, unfortunately your understanding is not correct as you would be in violation of H-1B status if you worked with the EAD for another employer. The USCIS guidance appears to allow H-1B holders to reenter the US under parole and then file for extension of H-1B status inside the US through the same employer. It does not contemplate free open market EAD employment and then being able to switch back to H-1B status inside the United States.

3. An individual self-petitions for the NIW, the case can continue even the individual has changed jobs.

A reader asks:
My National Interest Waiver (NIW) petition—which was sponsored by a previous employer—was approved. However, I subsequently changed jobs. Do I need to file a new I-140 petition now? I saw a post on LinkedIn claiming that one must re-file the petition independently in such cases. Could you please confirm whether this is true?

Alan Lee, Esq. answers,
Where a previous employer sponsored an approved NIW and the beneficiary changes jobs, a new I-140 petition must be filed. Where an individual self-petitions for the NIW, the case can continue even where the individual has changed jobs.

4. It has usually taken much time in the past for the agency to work on a returned case

A reader asks:
I applied for an EB-1A visa, and my I-140 petition has already been approved. I proceeded to the U.S. Consulate in Hong Kong to apply for my immigrant visa. In January, I attended my interview at the Hong Kong Consulate but was refused on the spot. My status was updated to “Refused,” and in March, it was updated to “Returned to NVC.” Does this constitute a Notice of Intent to Revoke (NOIR)?

Alan Lee, Esq. answers,
Where a US consulate updates case status to “Returned To NVC”, it means that the consulate has or will send your case back to USCIS. An Immigration officer will look over your case along with notes from the consulate and either reaffirm the decision or send you a notice of intent to revoke. It should be noted that these are low priority cases with USCIS, and it has usually taken much time in the past for the agency to work on a returned case. Good luck.