USCIS confirmed that all I-140 petitions filed concurrently with an I-485 application for adjustment of status are to be filed with the Dallas Lockbox, unless the I-140 is accompanied by a request for premium processing, Form I-907. Concurrently filed applications that include a Form I-907 attached to the I-140 should be filed with the NSC or TSC, depending on the location of the petitioner.
Filing location for concurrently-filed I-140/I-485 petitions
Unless there is an accompanying I-907 all I-140/485 concurrent filings must be filed at the lockbox addresses. Depending on the jurisdiction the filing must be sent directly to TSC or NSC.
Employers who are cap-exempt under INA § 214(g)(5)(A) or (g)(5)(B) filing H-1B petitions
Release Date
09/18/2024
Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.
Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this extension. Form I-90 receipt notices had previously provided a 24-month extension of the validity of a Green Card.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
We primarily have questions on relocation to India and possibilities.
My wife and I want to retain our Green Cards and eventually get US citizenship. We are just 3 years away from getting our US citizenship.
However, we want to relocate to India for our aging parents. We want to be able to relocate to India now for a few years (5 years), but we also don’t want to miss out on the citizenship opportunity when we are this close to getting our US citizenship. Is this even possible without the hassle of staying 6 months in the US and 6 months in India, and would there be any tax implications if one of us continues to work for the same employer in the US remotely from India?
We are aware that we can take 2 years' permission by filing Form I-131 and staying outside the US for 2 years. However, we need more than 2 years to stay outside the US. Also, the citizenship clock resets if we take this option. Is there a way to avoid this?
If you plan to relocate to India with a green card before obtaining U.S. citizenship, it can significantly complicate the naturalization process. To apply for U.S. citizenship, you must meet physical presence requirements: at least 2.5 years in the U.S. over the last five years and no single absence of a year or more. If you stay outside the U.S. for over six months but less than a year, you may need to provide an explanation.
A re-entry permit (Form I-131) allows you to stay outside the U.S. for up to two years without losing your green card, but it does not help with citizenship requirements. Form N-470 can protect your eligibility in limited cases, such as working for a U.S. company’s foreign branch, but it does not guarantee naturalization.
If you stay abroad for more than a year, you will likely need to restart your five-year residency requirement (or four years and one day if a re-entry permit was used). While re-entry permits can be renewed in certain cases, they do not protect your citizenship timeline.
Best advice: Obtain U.S. citizenship first and then relocate, as naturalized citizens can live abroad indefinitely without affecting their status. Please consult your lawyer regarding this.
I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.
Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
First of all, thank you very much Rajiv for all your advise during this greencard journey, especially during this last 2 weeks. Every time we have relied on your advice blindly.
FAQs:
Others:
Mother's I-485 pending: Advance parole for travel to India - Will it affect filing? || Cap-exempt H-1B I-140/PERM, OPT employer (Upwork), STEM OPT use, and F-1 travel to Canada || Employer-sponsored NIW I-140, FOIA request, self-petitioning, and petition validity || F-1 OPT, cap-exempt H-1B, changing to cap-subject H-1B, and H-4 EAD timing || Can I get a new H-1B visa stamp after extension approval? Travel with two valid visas? || K-1 visa for Indian fiancé: Required documents, marriage after entry, and filing for green card/EAD/advance parole || K-1 visa processing, B-1 visa travel risks, timeline, and relationship evidence ||H-1B transfer approved - How long until payroll must start? What are my options?
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I have not gotten to the stage of I-485 filing, but I had a general question. Let's say I accidentally put some wrong information in my tax returns, then I assume IRS will contact me about it. As long as I am on a payment plan with them, and pay everything I owe properly, would it still affect my I-485 approval chance? I am just worried about any unintentional errors from my end.
Dealing with IRS issues, such as a payment plan due to errors in tax returns, should generally not negatively impact your I-485 application as long as you are actively in the process of correcting the situation.
I had a green card and worked for two remote employers simultaneously for two years without knowing each other. Got two W2s for two years. But for the last year, working for only one employer. Planning on vacation outside of the country. Do I have any issues at POE because I am employed at multiple places at the same time?
A green card holder working two remote jobs simultaneously without their knowledge, receiving two W2s and presumably paying taxes, has likely committed a potential violation of their employment contracts (a civil matter), but it should not impact their green card status or ability to travel, assuming their overall green card history is clean.