Alan Lee, Esq. Q&As published on the World Journal Weekly on August 31, 2025:1. Can I apply for an O-1 visa to start working in the U.S. if my EB-1A is approved

1. Can I apply for an O-1 visa to start working in the U.S. if my EB-1A is approved

A reader asks:
We are in the UK and applied for EB-1A, with mainland China as our country of birth. We heard the wait time might be up to 5 years, which is daunting.  If EB-1A is approved, is there any way to enter the US sooner without waiting for the priority date? Could I apply for an O-1 visa to start working in the U.S. and then wait for the priority date while in the United States? Would getting an EB-1A make the O-1 application easier?

Alan Lee Esq answers,
An O-1 is a possibility to enter the US to work first and then wait for the priority date to become current. Although the O-1 visa is not strictly dual intent (allowing both immigrant and nonimmigrant intents), it falls within a gray area in which we have seen many visas issued at the US consulates even though immigrant petitions have been filed or approved. Kindly note that although EB-1A can be done through self-sponsorship, the O-1 require some form of organization sponsorship. The rules appear to be loosely interpreted currently on organization sponsorship even when the alien essentially owns the company doing the sponsorship.

Alan Lee, Esq. Q&As published on the World Journal Weekly on August 24, 2025: 1. I am self-employed during my OPT period. Will this affect my I-485?

1. I am self-employed during my OPT period. Will this affect my I-485?

A reader asks:
Some articles mention that if one has fewer than 180 days of unauthorized work after the last U.S. entry, they can still adjust status under 245(k). But in my case, I was on OPT and self-employed, which led to unauthorized employment. I later left the country, and when applying for H-1B, I marked “No” on the DS-160 question about unauthorized work and did not list that experience. The H-1B got approved. Now, when I apply for EB-2, if I disclose the unauthorized employment, will this trigger a 212 fraud issue? Is the risk high? Am I basically out of options?

Alan Lee, Esq. answers:
The DS 160 form does not contain a question on unauthorized employment. It only has a question, “Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official, or otherwise violated the terms of a U.S. visa?” Thus it does not appear that you made a specific misrepresentation to the question of unauthorized employment, especially if you doubted that your self-employment may have counted as unauthorized work at the time of making your visa application. Fraud or misrepresentation also requires an intentional misrepresentation of the truth. In this case, such is doubtful given that there is not a specific question on unauthorized employment on the DS-160 form. You are correct that §245K can forgive unauthorized work under 180 days, but has no impact on questions concerning fraud or misrepresentation. I doubt that the question of misrepresentation on your self-employment during OPT will be a deciding factor in your adjustment of status application.

Alan Lee, Esq. Q&As published on the World Journal Weekly on August 17, 2025: 1. Under most circumstances, a new PERM filing must be made when the position changes 2. It is not necessary after extending the H-1B status for you to leave the US and obtain a visa in your passport

1. Under most circumstances, a new PERM filing must be made when the position changes

A reader asks:
I am on an H-1B visa. I feel that I have been in a rut in my current position for many years and have reached my career ceiling. I want to switch to a different career path for a fresh start. My company now has an open position at the same level as my current one but with different job responsibilities. My current role involves managing a department at the headquarters and its subordinate branches. The open position would be as the general manager of a subsidiary, overseeing all operations and department managers there, but only a small portion (20%) aligns with my current job responsibilities. I have an MBA and feel qualified for this role, which seems like a good opportunity. However, my green card application PERM was filed based on my current position. If I switch to this internal role, which is similar but not identical to my PERM application, would I need to refile for PERM?

Alan Lee Esq. answers,
Under most circumstances, a new PERM filing must be made when the position changes. The exception is when the I-140 petition is approved and circumstances have changed after the I-485 adjustment of status application has been filed and 180 days have elapsed since that time. If the circumstance is a change of employment to a position which is in the same or similar occupation, both the PERM and I-140 petition can be kept and the adjustment of status application continue. That is the AC-21 portability law allowing a “same or similar” job switch. If that fits your situation, you may be able to port your case as both positions as described appear to be managerial, and it would be up to the company and its representative to bring out the most convincing arguments to USCIS that the job is in a similar occupation perhaps by arguing that the roles are in the same occupational classification; or that job duties and the SOC code are similar, etc.

2. It is not necessary after extending the H-1B status for you to leave the US and obtain a visa in your passport

A reader asks:
I applied for EB-3 professional immigration. After submitting I-485, the priority date retrogressed, so EB3 is no longer current. My Priority Date is May 2021. The current H-1B stamp will expire in three months. Should I go to Canada or somewhere like that to renew it early next year?

Alan Lee Esq. answers,
It is not necessary after extending the H-1B status for you to leave the US and obtain the visa in the passport. The visa is only for travel purposes. Alternatively, you could also file for advance parole if you need to travel (currently takes about 6+ months to process) since you have already filed for adjustment of status to permanent residence. If you do decide that you wish to travel under H-1B status, you should check the consular post that you wish to visit to see whether they will entertain third country nationals at the US consular post, and make sure that you have all your proper documentation according to the consular checklist. Please note that unless you have advance parole, you would not be allowed to return to the US without obtaining the H-1B visa in your passport.

Alan Lee, Esq. Q&As published on the World Journal Weekly on August 3, 2025:1. Filing fee payment was processed. You can email USCIS if no receipt after 30 calendar days 2. For EB-1B, interviewers will ask about employment

1. Filing fee payment was processed. You can email USCIS if no receipt after 30 calendar days

A reader asks:
I recently applied for NIW from abroad. I can see that the $700 fee has been deducted, but I still haven’t received my receipt number. Today I asked Emma, provided my personal info, and they couldn’t locate my case—even though it’s been over a week since the payment was processed. How long does it usually take before Emma can provide the receipt number?

 Alan Lee, Esq. answers:
A lockbox can take 10–30 calendar days to cash the payment, assign the IOE/LIN/SRC/WAC receipt number, and push it into USCIS systems that Emma reads. One week is early; check again after another week. If you still have nothing at 30 days, then you can email the lockbox support address on the filing location webpage.

2. For EB-1B, interviewers will ask about employment

A reader asks:
I applied for I-140 last September and it was approved, my priority date was in December, and I did fingerprints in February this year. I recently checked the status and saw that my case is now in the interview stage.  How should I prepare the materials for an EB-1B family interview? What questions are usually asked during the interview?

Alan Lee Esq. answers,
For EB-1B (outstanding professor or researcher), interviews are generally employment-focused but also confirm the legitimacy of family members included. Prepare:

  • Employment documents: job offer letter confirming role, CV, portfolio if you have one, recent accomplishments.
  • Evidence of accomplishments in your field – if portable, bring some originals.
  • Family documents: marriage certificate, children’s birth certificates, photos, joint bank accounts, etc.

Interview questions may include:

  • Details of your job and role
  • Proof of bona fide marriage/family (if applicable)
  • Memberships in organizations.
  • Social media postings.
  • All relevant questions on form DS-260.

Good luck with your interview.

 

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 20, 2025:1. You are applying for US immigration, which may be a bar to your utilizing the TN visa 2. Utilizing a start-up company for a green card may be a risk 3. Will using advance parole invalidate my H-1B? 4. One case should be withdrawn immediately when a green card is finally granted in either queue.

1. You are applying for US immigration, which may be a bar to your utilizing the TN visa

A reader asks:
I came to the U.S. last year on an L-1 visa. Due to poor economic conditions, the company hasn’t started my PERM process, and I didn’t get picked in the H-1B lottery. The EB-2 queue is also very long. Even if I eventually get H-1B and PERM, getting the green card still seems far off. So I’m considering this: after filing I-140 (either via NIW or whenever the company files PERM), I might go work in Canada and get citizenship there during the green card wait. Later, I could return to the U.S. on a TN visa and complete the green card process—assuming I find a job in the U.S. again. Compared to staying in the U.S. to wait, what are the downsides of this plan?

Alan Lee, Esq. answers:
I assume from your fact situation that you are in the US under L-1B rather than L-1A, the latter of which would afford you faster processing time under the EB-1C category associated with intracompany transferee managers and executives. That being said, your plan has a drawback that TN is a visa requiring nonimmigrant intent. The fact that you are applying for US immigration may be a bar to your utilizing the TN visa. Better situations are perhaps either remaining in the US during the time of the PERM or NIW and associated waiting times or remaining in Canada until you can be finally interviewed at the American Consulate in Montréal for an immigrant visa. Being in Canada has advantages as many people consider Canadian permanent residence or citizenship to be a safety net and your income can continue during the time of your wait.

2. Utilizing a start-up company for a green card may be a risk

A reader asks:
I currently work for a mid-sized company on H-1B and will max out in about two years. I once tried for NIW but was unfortunately denied. I recently got a verbal offer from a startup, and they promised green card processing starting Day 1. I’m now struggling with the decision—should I take the offer?

Alan Lee, Esq. answers:
Some considerations for jumping could include the following:

  1. Funding runway & survival odds of the start-up.
  2. Job’s ability to pass PERM (duties, requirements, your qualifications, correct prevailing wage, ability-to-pay proofs, etc.).
  3. Timing: you and the company may have a dilemma with only 24 months of H-1B time left, and it would require a concerted effort on the part of everyone to ensure that you do not run out of time before your 6-year H-1B max-out. With the time required to formulate the application along with periods of time to obtain a prevailing wage determination, and conduct the recruitment prior to filing, it is highly possible that without diligent attention to your case, you would not have the requisite 365 days after PERM filing to qualify for an extension of the H-1B visa.

You may wish to think about these factors to see whether the start-up fits before making the move.

3. Will using advance parole invalidate my H-1B?

A reader asks:
I’m currently in China, and my H-1B extension is under administrative processing (check). Can I just abandon waiting for the check and re-enter the U.S. using Advance Parole? Once in the U.S., can I continue working for my H-1B employer? Or will using AP invalidate my H-1B?

Alan Lee, Esq. answers:
If an H-1B holder like you travels to Canada for visa stamping and the case is placed on administrative hold, he or she would typically need to wait for the visa approval before reentering the U.S. However, as you have a pending adjustment of status application and an approved advance parole document, you may be able to abandon the visa stamping process and reenter the U.S. using advance parole instead.

Upon reentry with advance parole, you should be admitted as a parolee, rather than in H-1B status. This means according to legacy INS policy that you should be able to continue working in the U.S. but would no longer technically hold H-1B status unless you later file for an H-1B extension or transfer and have it approved.

4. One case should be withdrawn immediately when a green card is finally granted in either queue.

A reader asks:
In late October last year, my husband filed I-485, I-131, and I-765 and included me as a dependent. His PD is December 2017. This week, the immigration attorney from my company informed me that my case is now current as well. My PD is February 2018, and I can now file. I personally prefer to submit a separate I-485 and add my husband as a dependent as a backup. But is this allowed? Would doing this delay the progress of our green card applications?

Alan Lee, Esq. answers:
You may file your own I-485 as principal (PD 02/2018) even though you are already a derivative on your husband’s case. USCIS does not disallow multiple adjustment of status filings. Processing times are independent; one case should be withdrawn immediately when a green card is finally granted in either queue.

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 13, 2025: 1. Promotion with a new job title may require redoing PERM 2. Your entry and stay would have to be consistent with your declared intent 3. NIW petition or O-1 visa? 4. The use of advance parole does not invalidate your H-1B status 5. USCIS often issues the I-693 (medical) RFE months early

1. Promotion with a new job title may require redoing PERM

A reader asks:
My company offered me a promotion from Senior Internal Auditor to Internal Audit Manager. The new position is 90% the same with an added 10% managerial responsibility. However, the attorney says I’ll need to redo the PERM and advised against changing positions. They also said the Internal Audit Manager role wouldn’t qualify for a green card because it requires 5 years’ experience and a Master’s degree. The job title for the new PERM would have to be Financial Manager, but the prevailing wage for that is at least $160K, which the company won’t pay. So, the promotion seems unlikely. My PD is March 2021 and hasn’t moved for nearly a year. Do I really need to redo PERM to accept the promotion while waiting for my priority date?

Alan Lee, Esq. answers:
From your set of facts that your priority date is in March 2021 and complaint concerning the wait being a year without movement, I assume that you have not yet filed the I-485 application which requires that the priority date be current. In such situation, you are not entitled to keep the entire case under the rubric that the new job is in a “same or similar” occupation to the one in the certified PERM. At this stage, you would only be entitled to keep the priority date, and as your attorney points out, you would have to reapply for PERM with all of the cautions that he has given you. The law only allows the use of “same or similar occupation” where the I-140 petition has been approved and I-485 pending for six months – not for situations in which the circumstances have changed prior to the I-485 application being filed. In the event that you actually meet to allow the timeframe for use of “same or similar occupation” to port your case, the question is whether USCIS will see that this is the “same or similar occupation” in which it will consider and compare the two positions to see whether the new occupation qualifies or is materially different.

2. Your entry and stay would have to be consistent with your declared intent

A reader asks:
If I am denied an H-1B visa while applying from abroad and get laid off during the visa check process, can I still go to the US? Can I go to the US to find a job, or do I need to find a job from abroad and apply for a visa again?

Alan Lee Esq. answers:
Whether you are able to go to the US after being denied for H-1B visa and being laid off during the visa check process depends upon whether you already have a non-canceled US visa, or are able to obtain one, or if you are visa exempt (Canadian national or from a country under the visa waiver program – ESTA). Your entry and stay would have to be consistent with your declared intent. It is highly doubtful that you would be allowed to enter the country for purposes of looking for a job although USCIS will allow job hunting as a reason for obtaining a change of status after losing a H-1B position in the US. We seriously doubt that US consulates would give a B visa for that purpose and explaining that as the purpose for entry to a Customs and Border Protection (CBP) officer at the port of entry would likely invite problems.

3. NIW petition or O-1 visa?

A reader asks:
I have studied for a master’s degree in the United States, applied for OPT, and worked with an O visa, that is, I have used F, O, and B visas. Now, I have I-140 for NIW and want to return to the United States. I will definitely be in the United States in the future, and I’m thinking of going there early to apply for EB-1. Which one is more suitable, F-1 or O-1? Will I be refused a visa in this case?

Alan Lee Esq. Answers:
Since you’ve previously worked in the U.S. under an O visa and already filed a National Interest Waiver (NIW) petition (which shows immigrant intent), an O-1 visa is more aligned with your profile. F-1 is a nonimmigrant visa that requires proof of nonimmigrant intent, which conflicts with your I-140 filing and clear long-term immigration goal. Applying for an F-1 has a higher risk of rejection due to immigrant intent concerns. O-1 while not a dual intent visa (allowing both nonimmigrant and immigrant intents) lies in a gray area in which we have seen consular approvals even while I-140 petitions have been filed or approved. The issuance is within the discretion of consular officers.

4. The use of advance parole does not invalidate your H-1B status

A reader asks:
I’ve had my combo card for half a year now, and I plan to return to China for the Spring Festival early next year. I heard that if I re-enter the U.S. using the combo card, my H-1B will automatically become invalid. Should I apply for an H-1B visa and use that to return to the U.S. in order to maintain my status? I’ve never left the U.S. since getting my H-1B.

Alan Lee, Esq. answers:
Besides our general warning that nonimmigrants in the US should not take unnecessary trips outside the US because of the present political climate against immigration and nonimmigrant students by this administration, recent events have shown that Chinese students especially will be heavily vetted when they travel and reenter the country. To your specific question, the use of advance parole does not invalidate your H-1B status under legacy INS policy, and you are allowed to work for the H-1B employer and apply for extension of H-1B status when your present H-1B petition begins to expire.

5. USCIS often issues the I-693 (medical) RFE months early

A reader asks:
I originally applied under EB-2 but later downgraded to EB-3. I received my combo card in May. EB-3’s Chart A hasn’t become current yet—still about a month to go—but I received a request for a medical RFE by email. Does this mean the case is in the final review stage? If I submit the medicals, will I get the green card without waiting for Chart A? Or does it still need to be current to issue the card? I have a feeling Chart A might move forward in November.

Alan Lee, Esq. answers:
USCIS often issues the I-693 (medical) RFE months early so your case is “ready to go.” They still may not approve the I-485 until your Final-Action Date (Chart A) is current. You simply upload the sealed I-693 now and wait; if Chart A becomes current, your case can hopefully be approved quickly.

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 6, 2025:1. Security checks can vary in duration

1. Security checks can vary in duration

A reader asks:
I applied for immigration as an outstanding talent and applied for premium processing. Now, the application has been over 45 working days, and there is still no news. The lawyer sent an email to USCIS, and the reply said it was a security check issue. How long does this security check usually take?

Alan Lee Esq. answers:
Security checks can vary in duration. While most are resolved within weeks to a few months, there’s no fixed limit. Some can unfortunately take several months or longer, especially for individuals with foreign degrees, international work experience, or if their name matches someone on a government watchlist. Your lawyer may continue to track your case with the premium processing unit of the service center holding your case.

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 15, 2025:1. You cannot change status from an immigrant visa to nonimmigrant visa status in the US 2. You would face a 10-year bar for unlawful presence once you leave the country

1. You cannot change status from an immigrant visa to nonimmigrant visa status in the US

A reader asks:
My case is a bit complicated. I-485 has been submitted for EB-5, and needing to provide additional documents. The approval is likely, but the project has declared bankruptcy, which may cause issues with the I-829 application later.  Therefore, I am considering switching  to NIW. If I receive the conditional green card now, can I voluntarily give it up before transitioning to the I-829 and continue with the NIW application?  I have heard that transitioning from an immigrant to non-immigrant status is very difficult. If my conditional green card expires, do I need to leave the country immediately and apply for another non-immigrant status abroad, like the H-1B?

The company’s immigration officer said that they won’t retrieve my case and told me to wait for the green card. Can one really have no payroll before receiving the green card?

Alan Lee Esq. answers,
Having a conditional resident status allows you to remain legally in the US, but if you are not filing the I-829, the conditional status would expire and without any changes in your condition, you would seemingly have no basis to remain in the US. It is our understanding that you cannot change status from an immigrant visa to nonimmigrant visa status in the US, and that you would have to leave the country to obtain a nonimmigrant visa status. On your other question as to whether one can really have no payroll before receiving the green card, I assume that you are referring to the conditional green card – in such case, that is entirely possible, especially in the EB-5 context, and also given that you must have work authorization to be employed in the US.

2. You would face a 10-year bar for unlawful presence once you leave the country

A reader asks:
My I-140 is approved but my H-1B status has long expired. After  I switched from F-1 to H-1B, I haven’t returned to my home country. If I go now for a visa interview, would there be a high risk?

Alan Lee Esq. answers,
If your I-140 petition is approved but your H-1B status has long expired, a major question is whether you have maintained legal status in the US. If you have not, you would face a 10 year bar for unlawful presence once you leave the country. Assuming that you are maintaining legal status under some other nonimmigrant category, you could face questions concerning your intent to take up the position with the I-140 sponsoring organization if that is also the organization that sponsored the H-1B. This is assuming that the organization is willing to move forward and keep sponsoring your immigration. In such circumstance, if you are able to convince the consular officer that there is still a bona fide need for your services with the organization, then the risk is mitigated.

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 8, 2025: 1. Bloggers with millions of followers do not meet EB-1 requirements 2. Recruitment must be completed within 180 days before submitting PERM 3. If you are laid off while doing consular processing after your date becomes current, the green card application will end 4. Re-entering the country with an H-1B is conducive to converting to H-4

1. Bloggers with millions of followers do not meet EB-1 requirements

A reader asks:
I still have a job, but in my spare time, I’ve been using Facebook & YouTube for a few months and have already gained 100,000 followers. If I take this more seriously, reaching 1 million followers should just be a matter of time. If I become a fitness influencer with 1 million followers, could I apply for an EB-1?

Alan Lee Esq. answers,
I believe that it would be difficult for USCIS to approve such an application even if you reach 1 million followers. The following are the requirements for EB-1A consideration of which an applicant must fulfill three before going into a final merits determination of whether the individual is one of the best nationwide or worldwide –

  1. National or International Awards: Evidence of receipt of nationally or internationally recognized prizes or awards for excellence in the field.
  2. Membership in Exclusive Associations: Evidence of membership in associations in the field that require outstanding achievements as judged by recognized national or international experts.
  3. Published Material About You: Evidence of published material about you in professional or major trade publications or other major media.
  4. Judging the Work of Others: Evidence that you have been asked to judge the work of others, either individually or on a panel.
  5. Original Contributions of Major Significance: Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  6. Authorship of Scholarly Articles: Evidence of authorship of scholarly articles in professional or major trade publications or other major media.
  7. Artistic Display of Work: Evidence that your work has been displayed at artistic exhibitions or showcases.
  8. Leading or Critical Role: Evidence of a leading or critical role in distinguished organizations.
  9. High Salary or Remuneration: Evidence that you have commanded a high salary or other significantly high remuneration in relation to others in the field.
  10. Commercial Success in the Performing Arts: Evidence of commercial successes in the performing arts, as shown by box office receipts or sales.

Another facet of the EB-1A category is that you must show sustained achievement over a period of time and so even if you were able to fulfill three categories of proof, you would have to show years of sustainable achievement in the field.

2. Recruitment must be completed within 180 days before submitting PERM

A reader asks:
I applied for EB-2. During the process, PWD was approved in March this year and started advertising in May, but PERM has not been filed yet. I remember there was a 180-day requirement, and I urged them to do it in early September. They told me it was okay, the deadline was November 8th. I thought that since the lawyer said so, it should be correct. However, I was suddenly told today that since the employer did not advertise in paper media as the lawyer requested, but only posted online, it is too late to put it in the newspaper now. So far, all their efforts have been wasted, and they have to start all over again for PWD. This is like my entire past year has been wasted. More importantly, my H-1B will be six years in May 2026. If I want to extend the period later, I must wait for PERM for more than one year before that, which means I must submit PERM before May next year (2025). It’s already October. If we restart PWD, based on the current processing time and advertising, it may not be on time. Please advise what I should do? Is it really like they said that there is no time to file PERM, and I have to start over? How is the PERM filing deadline defined?

Alan Lee Esq. answers,
Yes, the 180-day rule requires that recruitment steps be completed within 180 days before filing the PERM. If your employer didn’t follow the lawyer’s instructions (e.g., skipped newspaper ads), that recruitment effort is invalid, and you must restart the PWD and recruitment process. Given your H-1B max-out in May 2026, you need the PERM to be filed by May 2025 to be eligible for H-1B extension beyond 6 years. PWD processing takes 5 months currently and with the time for recruitment at fastest another 3 months, that would be 8 months when you have 7 (question sent in October). Timing could perhaps be shortened for recruitment if the lawyer knows or has a good idea of the prevailing wage and if the employer is willing to take the risk of beginning recruitment without knowing the wage amount for certain since the wrong PWD would necessitate redoing the recruitment.

3. If you are laid off while doing consular processing after your date becomes current, the green card application will end

A reader asks:
My I-140 is approved and my PD will be current soon. Due to family reasons, I need to transfer to my company’s overseas branch before the date becomes current. If I choose consular processing abroad after the date becomes current, what impact would it have if I am laid off before I get the green card?

Alan Lee Esq. answers,
If you are laid off while doing consular processing after your date becomes current, and there are no prospects for continued employment with the sponsoring organization, your application for a green card based upon company sponsorship would be effectively ended, since it can be assumed that the organization would not continue sponsorship. You would have to seek sponsorship with another organization. As the I-140 petition is already approved, you would be able to retain the priority date absent fraud, misrepresentation, or material USCIS error in the prior I-140 approval.

4. Re-entering the country with an H-1B is conducive to converting to H-4

A reader asks:
My wife filed for NIW and submitted the I-485, and we both received combo cards.  However, my wife’s job might face layoffs. I recently used the AP on the combo card for re-entry, which technically puts my H-1B status in a grey area. Can I still switch to  H-4 under my wife’s application?

Alan Lee Esq. answers,
You are correct in thinking that reentering on advance parole instead of H-1B might present a problem in changing to H-4. Assuming that your wife still retains her H-1B status and that you are set on obtaining change of status instead of applying for H-4 visa overseas, you may decide to take a trip out of the country and return under H-1B status if you still intend to work with the H-1B employer after reentering the country. This might especially be attractive if you already have a H-1B visa in your passport. Reentering the country under H-1B and working for the H-1B employer for a small period of time would give you the basis to make the change to H-4 without much difficulty. Otherwise, according to our understanding, you would have to leave the US and apply for the H-4 visa at a US consular post.

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 1, 2025:1. I-485 is pending, we suggest not staying out of the US more than 90 days 2. Check the processing times of the office(s) having jurisdiction over your I-485

1. I-485 is pending, we suggest not staying out of the US more than 90 days

A reader asks:
My I-485 is pending, and it will probably take about 5 years until Form A is available. Currently, I have AP and EAD cards, and I still have a job in China. Can I go back to the US every six months for 2 weeks to utilized my cards? Lawyers have different opinions. There is no law that explicitly stipulates how long one must live in the US. My lawyer recommends that I should not leave the US for more than 180 days. However, some lawyers also recommend that one should not leave the US for more than 90 days, and should stay in the US for more than 183 days each year and be a tax resident. Can I really use my AP and EAD cards until my I-485 is adjudicated? How big is the risk? Will I be stopped when entering the US, or it will cause my I-485 be rejected? It seems that as long as I go back to the US every 4 to 5 months and have evidence I am willing to stay in the US and I should be ok, correct?

Alan Lee, Esq. answers,
You are correct that lawyers have different opinions of how long individuals with advance parole based on I-485 can remain outside the United States. We tend to be conservative and would recommend the same as some lawyers that you say suggest not staying out of the US more than 90 days. We are entering a new age of restriction in immigration law under the Trump administration and risks that may have been acceptable under the Biden administration may be much riskier given the turn in DHS attitude from benefits granting to enforcement that we are now starting to see.

2. Check the processing times of the office(s) having jurisdiction over your I-485

A reader asks:
My I-485 has been lying on NBC since I submitted the form in January, and there is no news about I-765 and I-131. Am I in a black hole?

Alan Lee, Esq. answers,
I doubt that you have fallen into a black hole. USCIS has processing times for everything, although it had said that was decreasing the time for EAD applications submitted with 1-485’s. That being said, you can check the processing times of the office(s) having jurisdiction over them. You can visit the USCIS website page for processing times (https://egov.uscis.gov/processing-times/) and enter your case type and your USCIS office, and the website will inform you of the normal processing times for your type of application. You can also enter the date in which your application was filed at the bottom of the page. Once you enter that, the webpage will tell you whether your case is being processed normally or if it is outside normal processing times. If it is outside normal processing times, then you may file an eRequest (https://egov.uscis.gov/e-request/Intro.do ) or chat with EMMA (https://www.uscis.gov/tools/meet-emma-our-virtual-assistant) to place a service request to inquire about the status of your case. You can also reach out telephonically to the USCIS Contact Center at 1-800-375-5283 to speak with a contact representative.