Author: Alan Lee

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 19, 2026: 1. It has now been seven months since my I-485 interview without any news; what should I do? 2. I submitted I-485, but I’m very likely to be laid off soon. How can I delay things enough to hit the 180-day mark?

1. It has now been seven months since my I-485 interview without any news; what should I do?

A reader asks:
In January 2025, I filed my I-485 application alongside my EB-1A petition. I attended my interview in October, and it went very smoothly. Immediately after the interview, my case status was updated to indicate: “The interview has been completed, and your case must be reviewed.” Since then—up to the present moment—there have been absolutely no further updates. I am not a member of the Communist Party; however, my undergraduate university is listed on the “Section 10043” restricted list. I am anxious and left wondering if this is the reason for the delay. I have already sent numerous letters to the White House and to my congressional representatives, but they haven’t been of much help. It has now been seven months since my I-485 interview without any news; what should I do?

Alan Lee, Esq. answers,
You are doing the type of tracing that may be helpful in having your case resolved. You have not mentioned whether you have attempted to contact USCIS, and you may wish to do so if you have not done it. When your case has exceeded one year from the date of interview without result, you may consider bringing a mandamus lawsuit in federal court to obtain some action on your pending case. Note that the suit would only be to quicken the time for adjudication and does not compel the agency to approve your case. A court could order USCIS to issue a decision quickly.

I note that a court may decide that not sufficient time has passed to file the suit or that USCIS has legitimate reason to hold onto your case.

2. I submitted I-485, but I’m very likely to be laid off soon. How can I delay things enough to hit the 180-day mark?

A reader asks:
I just submitted I-485, but I’m very likely to be laid off soon. How can I delay things enough to hit the 180-day mark without getting an interview or RFE, and then submit the I-485j with a new employer? If I delay the fingerprinting, does that mean the case won’t be transferred to a field office and thus won’t be adjudicated? How long after filing the I-485 do interviews usually happen? Some people say their case was transferred right after fingerprinting and they had an interview about four months after filing.

Alan Lee, Esq. answers:
Current processing times for 80% of employment based cases for adjustment of status show that the minimum period of time for adjudication is nine months with many cases going well beyond that time limit. In the Trump administration, the emphasis is on security and vetting, and so cases are slowing down, and it would appear that you will have your opportunity to submit the I-485 J for job porting at the 180 day mark. Please note that if you receive a RFE, you will normally be given 87 days to respond to the agency. You can delay the fingerprinting, but would have to request a rescheduling prior to the appointment date and give good reason for missing the biometrics appointment.

IMMIGRATION NEWS YOU CAN USE: UNDOCUMENTED FACING DOUBLE WHAMMY IN TEXAS; H-1B 60 DAY GRACE PERIOD CHANGE TO B VISA STATUS?; 4-2 CIRCUIT COURTS AGAINST MANDATORY DETENTION; MOSTLY IGNORED I-246 FORM FEE SET TO RISE OVER 200% AND NOW DEEMED REQUIRED BY BIA; DOL TRYING TO FINALIZE PROPOSED RULE DRAMATICALLY RAISING PREVAILING WAGES FOR PERM, H-1B, H-1B1 AND E-3 CASES.

As published in the Immigration Daily on July 15, 2026

1. Undocumented Facing Double Whammy In Texas.

If you’re undocumented and down in Texas, they have a double whammy for you now. Besides watching out for ICE and the feds, you have to watch out for state and local law enforcement officers who are conducting immigration enforcement and state judges who are issuing removal orders traditionally reserved for the federal government. Texas has begun enforcing SB 4, which gives state and local law enforcement new authority to arrest people suspected of unlawfully entering Texas, to bring charges for the newly created state crime of “illegal entry”, and authorizes Texas judges to issue removal orders under certain circumstances. It also creates a state felony offense for “illegal reentry”. In late May, the Fifth Circuit allowed the law to take effect while litigation continues.

2. H-1B 60 Day Grace Period Change To B Visa Status?

The 60 day discretionary grace period is given to a number of nonimmigrant work categories to allow individuals to find new work when they have been terminated or leave their authorized employment. It is especially used by H-1B holders. During the Biden years, USCIS had routinely adjudicated pending B-2 change of status applications concurrently when an H-1B petition was filed with the new employer and this effectively restored the person to H-1B status without any maintenance of status issues. Now it appears that the favorable guidance, “Options for Nonimmigrant Workers Following Termination of Employment” has been archived although not yet formally withdrawn https://www.uscis.gov/archive/options-for-nonimmigrant-workers-following-termination-of-employment-0 and USCIS is issuing RFEs, denials, and even NTAs where applicants in the 60 day period are filing for B changes of status as a bridge while they seek new employment. It appears that USCIS is going back to the regular rules of adjudicating B change of status applications and no longer giving special consideration to those in the 60 day grace period. Individuals who are contemplating such actions should document their temporary stay intent such as explaining the reasons for requesting the additional time and outlining their ties and bonds with the home country; enclosing proof of that and adequate funds to stay in the US during the requested period of time without having to work; and showing commitment to leaving such as a transportation ticket home.

3. 4-2 Circuit Courts Against Mandatory Detention.

The count is now still 4-2 in favor of detainees on the question of whether they can obtain bond while under ICE detention after a week of twisting and turning by the Fifth Circuit Court of Appeals. A panel of the Fifth Circuit in New Orleans ruled on July 2 that people facing immigration detention must be afforded a bond hearing within 90 days, and that anything less would be a violation of their constitutional due process rights under the Fifth Amendment. The new ruling undercut the decision by a different Fifth Circuit panel in February that upheld the administration’s interpretation of the mandatory detention law. The 10th Circuit Court of Appeals in Denver had just concluded that the Administration’s unprecedented expansion of mass detention without bond relies on an inaccurate reading of decades-old laws that had never been used for the breathtaking scope of the mass detention effort. Then on July 10, the Fifth Circuit voted to rehear the case en banc in September. In the meantime, the 90 day bond rule by the July 2 panel is stayed. The issue is now headed up to the Supreme Court with 10th Circuit, 11th Circuit in Atlanta, 2nd Circuit in New York, and 6th Circuit in Cincinnati on the side of the angels, and the 5th Circuit and 8th Circuit in St. Louis going the other way. The Trump administration is now pushing the Supreme Court to rule on the issue of whether noncitizens arrested in the US interior are entitled to bond hearings calling it a “critically important question of immigration law that has divided the courts of appeals.” It remains to be seen what the Fifth Circuit will wind up doing in September, but if it backs the ruling of the July 2 panel, and produces a 5-1 near unanimity of circuits in favor of bond, a Supreme Court ruling should be pro forma. But in this strangely politicized Supreme Court, nothing can be taken for granted.

4. Mostly Ignored I-246 Form Fee Set to Rise Over 200% and Now Deemed Required By BIA.

One of the more antiquated immigration forms (in our opinion) is the one for stay of removal with DHS, form I-246, because it is seldom approved, DHS officers can grant a stay without one, and most practitioners have just gone straight to the BIA when they want a stay of removal in conjunction with an appeal or motion. The Trump administration is trying to raise the fee from $155-$755 and comment on the proposed rule ended on July 6. Now the BIA on June 12 decided the case of Matter of Herrera-Nunez, 29 I&N Dec. 691 (BIA 2026) https://www.justice.gov/eoir/media/1445646/dl?inline  in which it said that a person subject to a final removal order should first request a stay from DHS prior to the Board considering a stay request filed in conjunction with the motion to reopen or reconsider a BIA or immigration court order. So now they have you coming and going and may soon be forcing you to give $755 for a piece of paper with high probability of denial. The Board only noted with regard to the fee in footnote 5 that “We recognize that DHS charges a fee for stay requests. 8 C.F.R. § 103.7(d)(6). However, DHS may waive such fees. Id.”

5. DOL Trying To Finalize Proposed Rule Dramatically Raising Prevailing Wages For PERM, H-1B, H-1B1 And E-3 Cases.

As part of the government’s just-released “2026 Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions”, https://www.reginfo.gov/public/do/eAgendaMain, DOL will try to finalize the March 27, 2026, proposed rule, “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States”, Federal Register, Vol. 91, No. 59, 15454 (3/27/26),
https://www.federalregister.gov/documents/2026/03/27/2026-06017/improving-wage-protections-for-the-temporary-and-permanent-employment-of-certain-foreign-nationals  in which it has been proposing to raise prevailing wages for labor certification, H-1B, H-1B1, and E-3 programs. Entry-level wages would move from the 17th percentile to the 34th percentile, level II from 34th to 52nd, level III from the 50th to 70th, and level IV from the 67th to the 88th. In practice, level I would be the most impacted with an approximate 33% jump in wages redefining entry-level somewhere closer to experienced/junior mid-level; level II will see an approximate 24% increase, level III 21%, and level IV 22%.  Although there is no timeline for a final rule in the regulatory agenda, it may be prudent for practitioners in these categories to begin their cases as soon as possible if the escalation in wages is a concern in their particular cases.

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 12, 2026: 1. There is risk in redoing PERM as the US job market must be tested again 2. Will my job duties change affect my I-485 submission?

1. There is risk in redoing PERM as the US job market must be tested again

A reader asks:
I am struggling with whether to switch from an individual contributor (IC) to a manager. I am currently working as a Financial Analyst, and my immigration petition’s priority date (PD) is October 2022. Recently, I was offered a promotion, but if I take it, I will need to redo the PERM. What is the current PERM policy like? Is there any risk in redoing it? Would reapplying for PERM just potentially delay getting the green card? I heard that if the PD has been current for over one year, it might no longer be possible to renew the H-1B?

Alan Lee, Esq. answers:
I will assume for purposes of your question that you are from China since you otherwise would have resolved your situation already with an October 2022 priority date in either the EB2 or EB-3 categories. Moving to managerial level from being a financial analyst when the filing of the I-485 adjustment of status application and passage of 180 days have not yet been done (we assume that the I-140 petition is approved) most probably involves redoing the labor certification. The risk in redoing a PERM labor certification process is that the US job market must be tested again and if there are able, willing, qualified, and available US workers for the advertised position, the labor certification application may not be capable of approval. You are correct that when a priority date has been current for one year, the ability to continually extend H-1B status past the standard six years is no longer allowed if you have not filed for adjustment. In your situation, you may decide that the safer approach is to continue being a financial analyst and obtaining permanent residence under the tunnel. Even where the I-140 is approved, I-485 filed and 180 days elapsed since the time of filing, job porting would involve you and the company demonstrating to USCIS that the new position is in the same or similar occupation.

2. Will my job duties change affect my I-485 submission?

A reader asks:
I started in data-related work,  now I support SDEs and want to switch fully into SDE in my team. My I-140 has been approved, and my priority date (PD) is about a year away. The job location and entity remain the same, but job duties will change. My lawyer said it’s fine, HR said the overlap is 50%, so no need for new PERM or H-1B amendment. My boss thinks it is not a big issue. Will this affect my I-485 submission or lead to an RFE or issues at the interview?

Alan Lee, Esq. answers,
This is an area to be careful about. If the job title changes and duties are different from the duties as outlined in the labor certification, this could be a concern with USCIS as constituting an uncertified job position. You may wish to discuss with your lawyer and HR the changes and how they intend to present the changes to USCIS.

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.

Alan Lee, Esq. Q&As published on the World Journal Weekly on May 24, 2026: 1. You recently changed jobs, and you may wish to push the company to begin your PERM application as soon as possible 2. I submitted my I-485 application recently and was laid off today. What should I do now?

1. You recently changed jobs, and you may wish to push the company to begin your PERM application as soon as possible

A reader asks:
I recently changed jobs, and my immigration application’s priority date (PD) is early January 2023, and Chart B is about one year from becoming current. Now, PERM seems hard to process at the company, and the default path is NIW. I only have a master’s degree and nothing else, just 5+ years of experience in AI (Artificial Intelligence) and ML(Machine Learning), and my current position is also in the MLE (Machine Learning Engineer) field. However, my lawyer said that the risk of expedited processing is significantly higher.   The company is likely to support both PERM & EB2 – NIW. I feel NIW-EB2 approval odds are already low. If my first NIW application is denied, should I immediately push to start PERM?

Alan Lee, Esq. answers,

I assume from your fact pattern that you already have an approved I-140 petition with 2023 priority date from your prior job. As you are acknowledging the difficulties of the NIW petition and your lawyer is telling you that the risk of expedited processing is significantly higher, that shows a lack of confidence in both of you in the merits of the NIW case. As such, unless there are factors of which I am not aware, you may wish to push the company to begin your PERM application as soon as possible and not wait until the NIW is denied.

2. I submitted my I-485 application recently and was laid off today. What should I do now?

A reader asks:
I was laid off today; at least the suspense is over. I submitted my I-485 application this January, and there are less than three months left before the 180-day mark. Our team just had a massive layoff, cutting half the headcount in half, and I was one of those let go. I have no news on the green card application, and haven’t even received my I-765 or EAD yet. I switched to this company and started a new PERM, filing the I-140 and I-485 concurrently, both have been pending for under 180 days. My 6-year H-1B period is used up and I can now renew only year by year.  I’ve heard that in this situation a new employer can’t keep extending the H-1b and can only wait for the green card or EAD to be approved.  What should I do now? Could I negotiate with the company to pay out the severance gradually through payroll each month, so that if USCIS interviews me, I can show pay stubs and pretend I’m still on the job?

Alan Lee, Esq. answers,
Unfortunately, where the I-140 petition has not even been approved and an individual loses the position with three months to go before the 180 day mark, we cannot state that the matter can be salvaged, as the employer clearly has no intent any longer to offer a permanent full-time position. You say in your fact pattern that you switched to this company and started a new PERM, and that raises a question as to whether you already have an I-140 approval from a prior employer. If so, you may be able to use that once with a new employer to gain a year with a new H-1B while contemplating your next steps.

Alan Lee, Esq. Q&As published on the World Journal Weekly on May 10, 2026: 1. If the NIW was company-sponsored, losing your position may have more serious consequences

1. If the NIW was company-sponsored, losing your position may have more serious consequences

A reader asks:
I recently filed my I-485 application, but my company’s business operations have become somewhat unstable. I am concerned that potential unemployment might negatively impact my I-485 case. My question is: if my I-485 application is based on a National Interest Waiver (NIW) petition, am I permitted to be unemployed while the application is pending?

Alan Lee, Esq. answers,
Assuming that the NIW is through self-petition, losing the job in the I-485 stage may not tremendously affect the application although you may still have to show that you remain committed to the type of work upon which the NIW petition is based. If the NIW was company-sponsored, losing your position may have more serious consequences although you may still be able to port your case to a same or similar position if the I-140 has been approved and the I-485 application pends for 180 days or more.