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I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.

 

I would appreciate some insights on my H-1B and green card process. Here’s my situation:

I currently have an H-1B visa valid until July 2027.

My company has filed for PERM with a priority date of October 2024.

If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).

I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).

My questions:

Impact on H-1B if I move to India

What would happen to my H-1B if I joined a different employer in India?

What happens if I stay with the same U.S. employer but work from India?

Returning to the U.S. after H-1B expiration

If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?

I-140 and Priority Date Retention

Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?

If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?

 

I received my H-1B visa in September 2022 and worked at my company’s Scottsdale, Arizona office until March 2024. Since then, I have been working remotely from India for the same company and role. My H-1B visa is set to expire in September 2025.

I have a few questions regarding the extension process:

1. Does my employer need me physically in the U.S. to apply for my H1B extension?

2. If yes, what alternatives are available for my employer to apply while I am abroad?

3. Given that my visa expires in September 2025, when should I start the extension process at the latest?