1. The main benefit of switching from H-4 employment to H-1B is that you would not be dependent upon your spouse
A reader asks:
I graduated with a master’s program in 2022 but did not get selected in the 2023 and 2024 H-1B lotteries. Since I only have one chance left and my spouse’s I-140 has already been obtained, I applied for an H-4 and recently received the H-4 EAD. Unexpectedly, my company has now offered to sponsor my H-1B and asked if I am interested. This is a pleasant surprise. For two reasons, I want the company to sponsor me. First, the H-4 work authorization rules may change in the next four years; second, I am concerned about potential gaps when ending my H-4 status in 3 years. I also have some concerns: If I don’t get selected in the 2025 H-1B lottery, will it affect my H-4 EAD? As long as my H-4 EAD remains valid, can I continue entering the lottery every year? Are there any other advantages or disadvantages of switching from H-4 to H-1B?
Alan Lee, Esq. answers,
If those are your concerns with work authorization under the H-4 category, they should be alleviated by the fact that the Supreme Court recently refused to take up a challenge to the DC circuit decision protecting the right of H-4 dependents to work where qualified under the regulation. Please note a recent change, however, that the automatic extension rule for timing filed EAD renewals has been eliminated and that extensions should be filed as soon as possible (up to 180 days before the expiration date). On your concerns, being selected in the H-1B lottery has no effect upon H-4 EAD; you can continue entering the lottery every year and it would be best to keep legal status to avoid the possible imposing of a $100,000 fee if you are selected and a company decides to sponsor you for the H-1B petition; and the main benefit of switching from H-4 employment to H-1B is that this would now be your case, and you would not be dependent upon your spouse to maintain his or her H-1B status.
2. EB-1A applications do not require Supplement J form
A reader asks:
I filed my I-485 in November 2025, based on an EB-1A approved I-140. However, I was laid off by my company at the end of November 2025. In the past month or so since the layoff, I’ve been looking for a job, but because I don’t have a green card or work permit, I haven’t made much progress. I was thinking of waiting until I get my green card or work permit before looking for a job again. However, today I received a Request for Initial Evidence letter from the USCIS, asking me to submit Form Supplement J. My lawyer previously said that EB-1A or NIW cases don’t require submitting Form Supplement J. I am currently unemployed, how should I handle this?
Alan Lee, Esq. answers,
Your attorney is correct that Supplement J is not required for EB-1A filings. You should follow your attorney’s advice. The language in the I-485J instructions is the following:
NOTE: Individuals seeking or granted a National Interest Waiver of the job offer requirement and individuals seeking or granted classification as an alien of extraordinary ability under INA section 203(b)(1)(A) do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer, individuals seeking or granted classification as an alien of extraordinary ability or seeking or granted a National Interest Waiver of the job offer requirement do not have to file Supplement J when filing Form I-485 or to request job portability under INA section 204(j).
3. Incorrect occupation code in the State of Occupation Certificate (SOC) is not a basis to revoke an I-140 approval
A reader asks:
I’m preparing to file my I-485, and I just discovered that my I-140 was approved several years ago. The SOC code on the I-140 approval notice is incorrect; it should be 151132, but the notice shows 111132. I don’t know if USCIS made a mistake or if the law firm made a mistake in the application. The worst part is, the SOC code 111132 doesn’t even exist. How should I proceed? If USCIS made the mistake, can I simultaneously file the I-485 and request a correction to the I-140? If the law firm made the mistake in the application, how should I handle this?
Alan Lee, Esq. answers,
I believe that if you have the I-797 approval sheet, you can move forward with filing the I-485. Whether it was your attorney’s or USCIS’s error with the SOC code, that would likely be considered an error of little consequence. If USCIS wanted to check the record, it could open theI-140 petition file and take whatever action that it deems appropriate. Having a wrong SOC code on the approval sheet is not a basis to revoke an I-140 approval.
4. Filing an NIW application is considered to have applied for an immigrant visa
A reader asks:
I am a STEM PhD student, and my seniors are applying for NIW (National Interest Waiver) or EB-1 (Outstanding Talent) because they are about to graduate. Many people suggest that I use NIW to apply for a green card and occupy a priority date. I have published 7 articles and have dozens of citations, but my F-1 visa has expired, and I need to renew it abroad. My question: Will submitting an NIW application affect my future F-1 renewal or entry into the United States?
Alan Lee, Esq. answers,
A F-1 student visa applicant must show nonimmigrant intent and the DS-160 visa application form asks whether you have applied for an immigrant visa petition. You must answer in the affirmative if you have already applied for an NIW I-140 petition. Otherwise, you may be deemed to have committed fraud or misrepresentation in the application. A consular officer will consider the factor of your having applied for an immigrant visa petition in his or her decision of whether to allow renewal of the F-1 visa.