Q & A for Potential I-140 Clients

About our firm 3

Q: Where can I find examples of past case approvals you have obtained? How about reviews
about your firm? 3
Q: I live in a state where you do not have an office. Can I still work with you? Do I need to
come to the office to discuss the case with you? 3
Q: What does your “Approval or Refund” service mean? 3
Q: After I leave a message in the case management system for my attorney, how quickly can
I expect to get a response? 4
Q: After we start to work together, will I work with a specific attorney or with a team? 4
Q: Everything looks good; how can I start to work with you? 4
I-140 case preparation 5
Q: What do I need to do during case preparation? 5
Q: Your contract indicates that I need to prepare a summary of contributions. Can you let me
know more about this? 5
Q: Do I need to have a confirmed list of recommenders before signing the retainer
agreement? 6
Q: Do you draft the recommendation letters for me or do you just review my drafts? How
many reference letters do you draft for clients? 6
Q: How quickly can I expect my case to be prepared and filed if I work with your firm? 6
Q: Does NIW have the premium processing (PP) option? Do you suggest requesting
premium processing? Will it affect the services you provide to me? 7
Q: If my case is denied, can I refile in the same category or a different category? Will the
chance of approval be affected by the denial record? 7
Q: I have a medical degree from a country other than the U.S. or Canada. Can my proposed
endeavor include clinical work if I wish to file I-140 under EB-2 NIW? 8
Q: Do I need to have a job or a job offer in the U.S. to file EB-2 NIW? 8
Q: I have been evaluated by your firm that I have a good NIW case to pursue. Do I have to
keep publishing papers? 9
Step after I-140: I-485 / Immigrant Visa Processing 9
Q: What is I-140 and what is I-485 and immigrant visa processing? 9
Q: What is the current USCIS processing time? 9
Q: Once my I-140 has been approved, will I have a valid visa status or work authorization?10
Q: Does I-140 approval guarantee Green Card approval? 11
 Q: What is your I-485 attorney fee? If my I-485 gets denied, will the attorney fee be
refunded? 11
Q: What is a visa bulletin, priority date, and how do these affect my I-485 application, if I am
in the U.S. at this time? 12
Q: How do priority date and visa bulletin affect IVP? 13
Q: What is retrogression? 14
Q: When should we expect the retrogression to be over? 14
Q: How will retrogression affect my I-140? 14
Q: Is it worthwhile using premium processing service for a faster I-140 adjudication when
there is retrogression? 14
Q: I was born in India or China. What is the benefit of EB-2 NIW approval since my priority
date is not current? 14
Q: Who are my dependents that can get a green card with me based on my I-140? 15
Q: Will my spouse and children get Green Cards with me? 15
Q: I want my spouse/dependents to get green card(s) with me. Does the attorney fee change
to include my spouse/dependent(s)? 15
Q: I am going to get married. Can my spouse get a green card based on my I-140? 16
Q: Can I do concurrent filing of I-140 and I-485 petitions? 17
Q: If I can do concurrent filing, what are the pros and cons? 17
Visa / Travel / Job change 18
Q: I am a permanent resident of another country (e.g., Canada, Australia). If I get a US green
card, can I also maintain my permanent residence in another county? 18
Q: If my case is denied, will it affect my current nonimmigrant visa status or future visas? 18
Q: I am a Canadian citizen, can I extend my TN visa after filing I-140? 18
Q: I am on F-1/F-2. Can I start the I-140 petition process, since this visa requires
non-immigrant intent? 20
Q: I am on F-1/OPT. Can I apply/extend OPT after I file I-140 NIW? How about after I file
I-485? 20
Q: I am on J-1/J-2. Can I start the I-140 application process, since this visa requires
non-immigrant intent? Can I extend my DS-2019 for J-1 after filing I-140 NIW? How about
after I file I-485? 20
Q: My priority date is current, can I travel outside of the U.S. after filing the I-140? 21
Q: My priority date is NOT current for filing an I-485 application. Is it possible to travel
internationally on visas that do not allow immigrant intent such as F/J/TN visa? 22
Q: I am filing my I-140 under NIW. Can I change jobs? 24
Q: I am filing my I-140 under EB-1A. Can I change jobs? 24
Q: I am filing my I-140 under EB-1B. Can I change jobs? 24
About our firm

Q: Where can I find examples of past case approvals you have obtained? How about
reviews about your firm?

A: For examples of some successful case approvals we have obtained, please see:
http://blog.wegreened.com/.

Our firm has accumulated more than eight thousand 5-star reviews from our clients. You can find
reviews about services on our website: https://www.wegreened.com/Client_Testimonials

Q: I live in a state where you do not have an office. Can I still work with you? Do I need to
come to the office to discuss the case with you?

A: You can still work with us. We are admitted to filing cases for clients from all states in the
United States and all over the world, and over 90% of our clients are in a state where we do not
have an office or are outside of the US.

We communicate with clients via our case management system and phone calls. This is the most
efficient way as the petition preparation is primarily about document drafting/exchange, and we
make sure the quality of the documents we draft is superb. Our attorneys are very responsive to
clients' messages in the case management system and always make sure any
questions/issues/concerns are properly addressed in an efficient manner.

Q: What does your “Approval or Refund” service mean?

Our “Approval or Refund” service means if your case gets denied, we will refund the attorney
fee in full if you wish us to stop working on your case. Or if you choose to let us refile another
case, we will do so without extra charge and pay for your USCIS filing fee.

Q: After I leave a message in the case management system for my attorney, how quickly
can I expect to get a response?
A: During business hours, you can expect to get a response from your attorney within 24 hours
after leaving a message in our case management system. Sometimes we get an extremely high
volume of messages, and it might take up to 48 hours for us to get back to you.

Q: After we start to work together, will I work with a specific attorney or with a team?

A: After we start to work together, you will work with a specific attorney who has a
comprehensive picture of your case. Your attorney will provide the petition strategies, answer
your questions and talk to you if you wish to discuss your case on the phone.

If you have any questions about your case, we encourage you to leave a message in your account
and we generally respond to client inquiries within 24 business hours. If you wish to talk to our
attorneys on the phone, you are welcome to make an appointment with us.

Q: Everything looks good; how can I start to work with you?

When you are ready to proceed, please sign, scan/email or fax back the provided retainer
agreement. You can also sign online by clicking on the link we provided in the evaluation email.
Your signature and the date are required after the “Execution” page.

After we receive your signed contract, we will send you follow-up emails that include the
payment options.

After we receive the agreement and the first installment of the attorney fee, an attorney-client
relationship will therein arise. You will have an account in our Case Management System and
have access to our Client Packet, where step-by-step instructions and a variety of sample
documents related to the application process can be found.

I-140 case preparation

Q: What do I need to do during case preparation?

A: As part of our services, we will draft all the documents submitted to the USCIS for you,
including the recommendation letters, testimonial letters, the employment verification letter and
the petition letter.

In terms of the recommendation letters, when you begin working with us, we will ask you to
provide a list of potential recommenders. We will then help you select the best recommenders for
your case. You will then contact these recommenders yourself; however, we will provide you
with sample e-mails that you can use to contact them. After you have confirmed the
recommenders and provided us with a summary of contributions describing your main projects,
we will draft the letters for you.

After the letters have been signed by the recommenders, we will draft the petition letter for you.
Finally, we will ask you to upload your supporting materials. We will then compile your package
online and file your case. So the only work you will need to do is provide the list of
recommenders and a summary of contributions, contact the recommenders, upload the
supporting materials, and review the letters and petition letter we have drafted to make sure we
have discussed your work accurately.

After we have started to work together on your case, you will have access to our Client Packet,
which contains detailed instructions regarding the documents you will need to provide for your
case.

Q: Your contract indicates that I need to prepare a summary of contributions. Can you let
me know more about this?

A: At the very beginning of our case preparation process, we will ask you to draft a Summary of
Contributions. This document will serve as the foundation of your case preparation. Given that
you are the person who understands your professional endeavor the best, we ask you to provide
as much information as possible in your Summary of Contributions. A detailed yet accessible
Summary of Contributions will not only help us develop a customized strategy for your case, it
will also help us understand your research in order to produce recommendation letters and
petition letter documents of high quality. After we start to work together, you will have access to
our client packet where we provide templates and instructions for completing Summary of
Contributions to guide you through the key information we are looking for.
Q: Do I need to have a confirmed list of recommenders before signing the retainer
agreement?

A: No. We suggest that you contact your recommenders after signing the retainer agreement.
Once we start to work together with you on your case, we will ask you to upload a list of
potential recommenders along with their CVs, links to their websites (if any), information as to
how they know you, and what portion of your work they can comment on. We will then advise
you as to which recommenders will be best for your case. After we have finalized a list of
potential recommenders, we will ask you to contact them to confirm that they are willing to serve
as your recommenders. We have a sample email and FAQ for recommenders that you can use.

Q: Do you draft the recommendation letters for me or do you just review my drafts? How
many reference letters do you draft for clients?

A: We draft all of the letters for our clients, including recommendation letters if applicable,
testimonial letters, employment verification letters, and petition letter. In addition, we do so to
build up clients’ cases by including strong and specific language in the recommendation letters
so that we can later use those letters as evidence in the petition letter.

The number of recommendation letters we will draft for you depends on the type of service you
retain for. You may have the option of submitting no recommendation letters or two
recommendation letters.

Q: How quickly can I expect my case to be prepared and filed if I work with your firm?

A: For NIW, depending on the number of recommendation letters you choose to submit, it
usually takes our clients 1-4 months of active engagement throughout the preparation process to
prepare for their I-140 petition. If you choose to submit no recommendation letters, we only need
to draft the petition letter, which will be finished in 10 business days. If you choose to submit
two recommendation letters, we will draft the recommendation letters together with the petition
letter and finish them in 15 business days.

If we need to revise the letters based on your feedback, it takes us 1-3 business days. The time it
takes us to file your petition will be largely dependent on how quickly you are able to provide us
with the documents that we need to file your petition, such as the summary of contributions, list
of recommenders, signed recommendation letters, and supporting evidence. As our timeline is
already specified in the retainer agreement, you can be assured that there will be no delay
on our part. If you have a specific deadline by which you need to file your case, please make
sure you discuss with our attorney and work with us closely to provide the necessary information
as soon as possible.

Q: Does NIW have the premium processing (PP) option? Do you suggest requesting
premium processing? Will it affect the services you provide to me?

Yes, NIW has the premium processing option now. If you pay the USCIS additional $2,500, the
USCIS will make a decision on NIW in 45 days.

Using premium processing service should not negatively affect your chances of approval. No
matter whether you use premium processing or not, our services for your case will not be
affected.

But note the PP option only shortens the USCIS processing time for your NIW. It does not
change your priority date (PD), which is the date we file your petition, not the date your petition
gets approved. As such, even if your NIW gets approved in 45 days, you still need to check if
your priority date is current (earlier than the cut-off date indicated on the visa bulletin) for you to
file I-485.

Q: If my case is denied, can I refile in the same category or a different category? Will the
chance of approval be affected by the denial record?

A: You can refile under the same or a different category if your case is denied. All I-140s should
be adjudicated individually. So, technically, a denial of one I-140 should have no effect on
another pending or subsequently filed I-140. If your case gets denied, we will advise the best
course of action after we review the denial notice and the circumstances surrounding the denial
at that time.

Q: I have a medical degree from a country other than the U.S. or Canada. Can my
proposed endeavor include clinical work if I wish to file I-140 under EB-2 NIW?

A: First of all, the proposed endeavor means the work you wish to do after you obtain your green
card.
USCIS requires that, for EB-2 NIW petitions where the beneficiary's proposed endeavor involves
clinical work and the beneficiary earned their medical degree from a foreign institution, we
submit evidence 1) that you have passed all three steps of the USMLE, 2) have ECFMG
certification, and 3) are licensed to work in your area of intended employment.

If you have not passed the above tests, it will not affect your NIW as long as you obtain degree
evaluation and your proposed endeavor ONLY involves conducting research.

If you don't expect to pass the above tests, you should indicate in your NIW petition that your
proposed endeavor only involves research. However, this will not affect your capacity to later
pass all the exams and be licensed to practice medicine.

Q: Do I need to have a job or a job offer in the U.S. to file EB-2 NIW?

A: EB-2 National Interest Waiver (NIW) are self-petitioned categories and do not require a job
or a solid job offer in the U.S. However, you do need to show that you plan to continue to work
in the same field after entering the U.S. If you don’t have specific proposed employment, you
should provide a detailed statement regarding your plan to work in the U.S. in your field of
expertise and how your proposed endeavor has national importance when filing your I-140 case.
After we start to work together, we will provide a guideline on how to prepare such a statement.

We also encourage you to begin seeking employment in your field in the U.S. after we start to
work together and to save any correspondence with potential or interested employers until you
obtain your immigrant visa to enter the U.S.

Q: I have been evaluated by your firm that I have a good NIW case to pursue. Do I have to
keep publishing papers?

A: It is encouraged that you do so at least until you file your I-140 NIW and ideally after your
I-140 NIW. We have seen challenges from immigration officers whether one is well-positioned
to advance the proposed endeavor when he/she stops publishing papers. As such, if you take an
industry position and won’t be able to publish papers, we encourage you to publish patents or
seek collaboration with your previous PhD group/other research institutions and continue
publishing. At the bare minimum, we suggest you remain ties with academia as much as possible
and document any evidence of your research-related activities.
At the time you file I-485, it is our experience that most I-485 immigration officers don’t usually
require the applicant to continue publishing papers even if the I-485 is based on EB-2 NIW.
However, we have heard some officers inquire about such information at the interview.

Step after I-140: I-485 / Immigrant Visa Processing

Q: What is I-140 and what is I-485 and immigrant visa processing?

I-140 is the Petition for Alien Worker, which is the first step of your green card application.
There are different categories on the I-140 form and you will suggest the best category for you.

When your priority date (the date you file your I-140) is current and your I-140 has been
approved, you and your dependents (your legal spouse and unmarried children under the age of
21 born outside the U.S.) are eligible to proceed with the second step of your green card
application.

For those in the United States, generally you file I-485 and for those outside the U.S., you
proceed with immigrant visa processing (IVP).

Q: What is the current USCIS processing time?

A: Processing times can change frequently and the actual processing time can vary from case to
case. You can find the current processing times at the various service centers at this link.

To view the processing time for I-140 EB-2 NIW category, you should choose “Advanced degree
or exceptional ability requesting National Interest Waiver (NIW)” for the “Form Category”.

To view the processing time for I-140 EB-1A category, you should choose “Extraordinary ability
(E11)” for the “Form Category”.

To view the processing time for I-140 EB-1B category, you should choose “Outstanding
professor or researcher (E12)” for the “Form Category”.
To view the processing time of Form I-485, you should choose “Employment-based adjustment
applications” for the “Form Category”. Regarding the “Field Office or Service Center” you
should choose for Form I-485, you can locate the field office in your area by entering your zip
code under the “Field Office Locator” area of this page.

Q: Once my I-140 has been approved, will I have a valid visa status or work authorization?

A: No. Filing an I-140 does not grant you a valid visa status or employment authorization. An
approved I-140 simply qualifies you and your dependents to apply for an immigrant visa in order
to come to the US and be admitted as a permanent resident (if you are outside of the U.S.), or to
file the I-485 for adjustment of status to permanent resident (if you are in the U.S. and your
priority date is current).

If you and your dependents are in the U.S, a pending I-485 will authorize your stay so if you
don’t have any underlying visa status, you can stay in the US. You and your dependents can also
file I-765s for Employment Authorization Documents, and I-131s for Advance Parole
documents, which you can use to travel internationally. The USCIS usually takes 3-6 months to
approve I-765 and I-131 but it may take shorter or longer.

But note using I-485 Employment Authorization Documents to register with an employer to
work or using I-485 Advance Parole to enter the U.S. will invalidate your underlying visa status
so you are only in the U.S. based on the pending I-485. Usually, it is not an issue because if your
I-140 has been approved, most likely your I-485 will be approved so even if you are only in the
U.S. based on the pending I-485, the risk is low.

Q: Does I-140 approval guarantee Green Card approval?

A: No. There are two steps in getting an employment-based green card. An approved I-140 is
simply the first step in the process but it indicates a strong possibility that your I-485/Immigrant
Visa Processing will also be approved.

There are a variety of visa ineligibilities under the U.S. immigration law that may result in the
denial of an adjustment of status (Form I-485) or immigrant visa application (IVP). These
include but are not limited to (1) I-140 denial; (2) criminal history; (3) security threat (e.g.,
affiliation with a terrorist organization); (4) communicable disease (e.g., TB, syphilis); (5)
misrepresentations on forms and documents submitted to USCIS; (6) public charge (i.e., not able
to financially support yourself in the U.S.); (7) missing scheduled appointments (e.g., biometrics
appointment); (8) applicant is out-of-status or engaged in unauthorized employment for more
than 180 days since his/her last lawful admission to the US; (9) primary applicant is no longer
engaged in the same or similar field that is the basis for the approved I-140; (10) being subject to
212(e) as a result of a current or previous J-1 exchange program without fulfilling the foreign
residency requirement or getting a J-1 waiver; and (11) current membership in the Communist
Party or previous membership within the last five years.

Q: What is your I-485 attorney fee? If my I-485 gets denied, will the attorney fee be
refunded?

A: If you are interested in filing I-485, we can provide you with a Do-It-Yourself packet for the
I-485. If you choose this option, there will be no attorney-client relationship with regard to the
I-485 and we will not be able to advise you regarding the process.

Or, you can retain us to handle the I-485 for you. We currently charge $1,500 for the primary
I-485 applicant and $1,200 per dependent. If there is any special situation, we may charge $300
extra depending on the complexity of the situation. For our I-944 service, we charge $500 for
each of the adult applicant, and $300 for each of the child applicant under the age of 21.

If you retain us for the I-140 and I-485 at the same time, but do not intend to file both
applications concurrently, then we can refund the I-485 attorney fee if your I-140 is denied and
we have not yet begun working on your I-485 application materials. If your I-140 is denied, but
we have already filed your I-485 or begun working on your I-485 application materials, then we
will not refund the I-485 attorney fee.

We offer “Approval or Refund” for our I-485 service, and will refund the I-485 attorney fee in
full if your I-485 is denied by the USCIS. However, we will not refund the I-485 attorney fee in
the following situations:

-If you voluntarily withdraw the I-485.

-If you fail to attend the biometrics appointment or interview appointment timely.
-If you fail to provide the required documents for the I-485 RFE/NOID to the USCIS before the
response deadline.
-If the underlying I-140 basis of your I-485 is denied by the USCIS or if you withdraw your
underlying I-140 basis.
-If you have ever been a member or affiliated with the communist party and the membership
termination time is less than 5 years at the time of filing I-485 and without an I-601 waiver.

Q: What is a visa bulletin, priority date, and how do these affect my I-485 application, if I
am in the U.S. at this time?

A: The immigration law limits the number of immigrant visas (green cards) that can be approved
each fiscal year (October 1 - September 30). The visa numbers are allocated according to a
prospective immigrant’s preference category (e.g. EB-1, EB-2), their country of birth, and
priority date. When the demand is higher than the supply of visas for a given year in any given
category, a visa queue (waiting list or backlog) forms and the order for this waiting list is
determined by the "priority date."

The Department of State issues visa bulletins in the form of two charts for any given month. One
chart is called A. Final Action Dates chart and the other one chart is known as B. Dates for Filing
chart. After the visa bulletin is issued by the Department of State, USCIS will select one out of
the two charts and use it to determine I-485 filing and the chosen chart is called Adjustment of
Status Filing Charts (https://www.uscis.gov/visabulletininfo).

USCIS issues such Adjustment of Status Filing Charts each month and your priority date will be
considered current for I-485 purpose if it is prior to the cut-off date in the chart for your category
and country of birth, or the chart lists “C”.

Your priority date should be the receipt date of your first I-140 petition, if that I-140 petition is
approved. If your I-140 is already approved, the priority date should be listed on your I-140
approval notice. If your I-140 is still pending, your priority date won't likely be listed on your
I-140 receipt notice, but it should ultimately be the date you filed the I-140 assuming that I-140
is approved.

To check if your priority date is current for filing I-485, you should look at whether your priority
date is earlier than the cut-off date listed in the USCIS Adjustment of Status Filing chart or when
there is not a cut-off date, if a “C” is listed under the USCIS Adjustment of Status Filing chart.

For example, since the EB-2 ROW (Rest of World/countries other than China or India) cut-off
date of December 2022 Adjustment of Status Filing Charts is 12/01/2022, if your NIW receipt
date is 11/28/2022, you are eligible to file I-485 in December 2022. As the EB-1 China/India
cut-off date of January 2023 Adjustment of Status Filing Charts is 06/01/2022, if your EB1
receipt date is 05/31/2022, you are eligible to file I-485 in January 2023. Note your priority date
must be “earlier than” the cut-off date and having a priority date that is exactly the same as the
cut-off date does not mean your priority date is current.

There is a special exception that allows you to use an older priority date if you have a previously
approved I-140, even if it is in a different category than the I-140 you currently have pending
(e.g., if you have a previously approved PERM based I-140 with priority date 01/01/2022, and
you filed an EB1A petition on 06/02/2022, then USCIS should automatically port your previous
priority date of 01/01/2022 to your EB1A petition instead of using 06/02/2022).

Q: How do priority date and visa bulletin affect IVP?

A: The Department of State issues Visa bulletin each month. This bulletin contains two charts for
each category, Dates for Filing and Final Action Dates. When your I-140 is approved and your
priority date is current or close to current under the Dates of Filing chart, NVC will send you an
invoice for the IV processing fee. You can then initiate the IVP by paying the IV processing fee
as well as preparing and submitting DS-260 form together with required supporting documents.
The Department of State National Visa Center (NVC) will process your DS-260 submission as
long as your priority date is current or close to current for Dates of Filing.

After NVC completes the processing, your case can be transferred to a specific
Embassy/Consulate for interview scheduling if your priority date is current under Final Action
Dates. If the priority date is not current under Final Action Dates, you cannot be scheduled for an
interview and you cannot be issued an Immigrant Visa even after you complete the interview.

Q: What is retrogression?

A: Retrogression occurs when the cut-off dates that determine visa availability move backward
instead of forward.

Q: When should we expect the retrogression to be over?

A: It is hard to predict whether and when retrogression will be over.

Q: How will retrogression affect my I-140?

A: Retrogression does NOT affect I-140 petitions in any way. I-140 petitions can be filed any
time regardless of whether a priority date is current or not. The I-140 processing time should not
be affected by retrogression either.

Q: Is it worthwhile using premium processing service for a faster I-140 adjudication when
there is retrogression?

The ultimate decision is up to you. Premium processing service for an additional cost of $2,500
can only expedite your I-140 processing time and it does not have any effect on when you are
allowed to file I-485 because your priority date is the receipt date of your I-140, not the approval
date.

Q: I was born in India or China. What is the benefit of EB-2 NIW approval since my
priority date is not current?

A: Although the priority date under EB-2 for people born in India or China is not current, there
are several benefits of having an NIW approval.

1. You can secure an early priority date (PD). Currently, visas for both EB-1 and EB-2
India/China are retrogressed. As such, establishing an early priority date is essential. Your
priority date (PD) is the date you file the first I-140 if it is later approved. As it is much easier to
obtain NIW approval than EB-1, we suggest that you file NIW as soon as possible.

2. You can port the NIW priority date (PD) to your later filed EB-1 petition. Since the EB-1 visa
is retrogressed now, filing NIW first and EB-1 later won't delay your overall green card timeline
as you would have secured an earlier priority date.

3. If you are holding H-1B now or if you will be holding H-1B, you can extend your H-1B
beyond the 6th year cap based on the approved NIW. In addition, your H-4 dependent can obtain
an H-4 EAD (Employment Authorization Document).

Q: Who are my dependents that can get a green card with me based on my I-140?
A: Your dependents are your legal spouse and unmarried children under 21.

Q: Will my spouse and children get Green Cards with me?

There are two steps to getting a green card: filing an I-140 to qualify yourself under a certain
immigration category (such as EB-2 NIW, EB-1A, or EB-1B) and filing an I-485 to adjust your
immigration status (if you are in the US) or going through Immigrant Visa Processing (if you are
outside the US). You will be the only person filing an I-140 and after your I-140 approval, both
you and any dependents will need to file I-485s to adjust immigration status in order to become
permanent residents, or go through Immigrant Visa Processing to receive immigrant visas to
enter the US as permanent residents. The law allows concurrent filing of I-140 and I-485 if your
priority date is current, but this option is not available with Immigrant Visa Processing.

If you are outside of the US, instead of filing an I-485, after your I-140 has been approved you
and any dependents will need to apply at a U.S. Department of State consulate abroad for an
immigrant visa in order to come to the United States and be admitted as a permanent resident.
This pathway is referred to as “Immigrant Visa Processing.” IVP is a pretty straightforward
process and most of our clients deal with IVP themselves. The process involves doing medical
examination, providing basic information such as birth certificate and criminal record clearance
as well as having an interview with the consular post officer.

Q: I want my spouse/dependents to get green card(s) with me. Does the attorney fee change
to include my spouse/dependent(s)?

A: There are two steps to getting a green card: filing an I-140 to qualify yourself under a certain
immigration category (such as EB-2 NIW, EB-1A, or EB-1B) and filing an I-485 to adjust your
immigration status (if you are in the US) or going through Immigrant Visa Processing (if you are
outside the US). You will be the only person filing an I-140. Your spouse and children under 21
years old will automatically benefit from your I-140 approval and be eligible to file I-485 (if in
the U.S.) or go through Immigrant Visa Processing (if outside the U.S). However, your other
relatives will not be eligible to receive green cards as derivative beneficiaries of your
employment-based green card. In this case, they would need to apply for permanent residency
through family-based immigration. We do not handle family-based immigration, but you can find
an attorney that does this at www.ailalawyer.com.
If you are interested in filing I-485, we can provide you with a Do-It-Yourself packet for the
I-485. If you choose this option, there will be no attorney-client relationship with regard to the
I-485 and we will not be able to advise you regarding the process. Or, you can retain us to handle
the I-485 for you. We currently charge $1,500 for the primary I-485 applicant and $1,200 per
dependent. If there is any special situation, we may charge $300 extra depending on the
complexity of the situation. For our I-944 service, we charge $500 for each of the adult applicant,
and $300 for each of the child applicant under the age of 21.

For Immigrant Visa Processing, we charge $1,800 for the primary applicant and $700 for each
dependent. The current Immigrant Visa Processing fee is $345 per person. Once you obtain the
Immigrant Visa, and enter the US with your Immigrant visa stamp, you need to pay the USCIS
Immigrant Fee (currently $190 per person). Your green card should be mailed to your US address
within 30-60 days. There are additional IV fees (e.g., fees to get police certificate, medical exam
fees, etc.) but those vary by country/doctor.

Q: I am going to get married. Can my spouse get a green card based on my I-140?

A: As long as you are married before you become a permanent resident (i.e., before your I- 485
is approved or you enter the U.S with your immigrant visa), your spouse should qualify as a
derivative beneficiary to get a green card based on your I-140 petition.

However, since it is difficult to anticipate when your I-485 will get approved, we generally
recommend clients get married before the primary applicant files the I-485, if you are in the U.S.

If you get married after you become a permanent resident, then your spouse will not qualify as a
derivative beneficiary of your I-140. Rather, your spouse would have to go through the
family-based immigration process (I-130 + I-485/IV Processing).

Q: Can I do concurrent filing of I-140 and I-485 petitions?

A: You can file I-140 and I-485 concurrently if your priority date is current. Please check if your
priority date is current through the Visa Bulletin.

Q: If I can do concurrent filing, what are the pros and cons?

A:
1. Pros:

● You will stop accruing unlawful presence at the time the USCIS accepts your I- 485
petition and your stay will be authorized while your I-485 remains pending. However, if
you do not have a valid underlying nonimmigrant visa for 180 days or more, if your I-485
gets denied, you won’t be eligible to file another I-485.

● You and your dependents can file I-765 and I-131 to get work authorization (EAD) and
travel document (AP), which are usually approved in 3-6 months but can be longer or
shorter. The processing time of I-765/I-131 varies from time to time based on the
caseload at USCIS Service Centers.

2. Cons:

● If your I-140 is denied, your I-485 will automatically be denied and the filing fee will be
wasted.

● If you file an I-765 for an Employment Authorization Document (EAD) or an I-131 for
Advance Parole (AP) with your I-485 and your I-140 is denied, once your I-485 is
denied, the EAD and AP will no longer be valid.

● When your I-485 is pending, you won’t be eligible to extend your F/J/TN visa since these
visas do not allow immigrant intent.

Visa / Travel / Job change

Q: I am a permanent resident of another country (e.g., Canada, Australia). If I get a US

green card, can I also maintain my permanent residence in another county?

A: Maybe. The US does not strictly forbid permanent residents from having permanent residence
in another country. However, as a US permanent resident, you must intend to permanently reside
in the US (please see here). There are also certain limitations on how much time you can spend
outside the US as a permanent resident (please see here). These requirements for maintaining US
permanent residence may make it difficult or even impossible to maintain your permanent
residence in another country. It will ultimately depend on the rules for maintaining permanent
residence in the other country. Please note that we only handle US immigration law so we are
unable to advise you regarding maintaining permanent residence in another country.

Q: If my case is denied, will it affect my current nonimmigrant visa status or future visas?

A: Denial of your I-140 petition or I-485 application, by itself, should not affect your current
nonimmigrant visa status. It will remain valid until it expires, so long as you have not used the
Employment Authorization Document or Advance Parole based on the I-485 to work or travel
internationally and you meet the terms and conditions of your visa.

However, you may have difficulty obtaining a new visa that requires non-immigrant intent such
as F-1, J-1, etc. You should not have issues obtaining visas that do not prohibit immigrant intent
such as H-1B/H-4, O-1, L-1/L-2.

Q: I am a Canadian citizen, can I extend my TN visa after filing I-140?

A: According to regulation, the TN visa status requires nonimmigrant intent that "The alien must
satisfy the officer that the proposed stay is temporary. A temporary period has a reasonable, finite
end that does not equate to permanent residence. The circumstances surrounding an application
should reasonably and convincingly indicate that the alien's temporary work assignment in the
United States will end predictably and that the alien will depart upon completion of the
assignment." Since the filing of I-140 demonstrates your immigrant intent, to some degree, you
may have an issue extending your TN visa status after you file I-140.

It is our understanding that Canadian citizens have two options to extend the TN status: 1) Filing
I-129 to USCIS to extend your TN or 2) requesting TN extension at the border with CBP. Since
the extension application at the border with CBP is actually a re-admission as you technically
leave and re-enter the US in TN visa status, we suggest you avoid this option to be safe as you
may be denied for the extension AND entry by border officer due to immigrant intent issue.

If you do not have settled immigrant intent (e.g. you plan to do immigrant visa processing for
green card as your second step) at the time you apply for the extension at the border, you may get
extension and enter the US. According to regulation, "...an intent to immigrate in the future that
is in no way connected to the proposed immediate trip need not in itself result in a finding that
the immediate trip is not temporary." You may use following evidence to show your
nonimmigrant intent:

- Evidence of a residence abroad in Canada, whether this is a family home or a home you own.
Such evidence can include title to a property in your name, your family’s name, or mail received
at an address in Canada addressed to you,

- Page 2 of your submitted I-140 form indicating that you plan to undergo Immigrant Visa
Processing at a U.S. consulate in Canada,

- Evidence of ties to Canada, whether it is a spouse or family member living back home or a
planned event in your home county that you have committed to attending upon completion of
your approved activities,

- Job opportunities, offers, or letters of interest from employers in your home country,

- Any other evidence you can think of that will show your ties to your home country or a foreign
residence.

That being said, each TN visa status extension granting is still up to the discretion of the officer
and we cannot guarantee the result. Since our firm does not handle TN visa status, you can
further consult with your employer's attorney or TN visa attorney if you need to apply for
extension after filing I-140.

Note you cannot extend TN visa status after filing I-485 applications.

Q: I am on F-1/F-2. Can I start the I-140 petition process, since this visa requires
non-immigrant intent?

A: Yes. You can file an immigration petition being on any non-immigrant visa status, including
F-1/F-2. Your F-1/F-2 status will have no effect on your case, and we have successfully
represented many clients on F-1/F-2 to get their green card.
Q: I am on F-1/OPT. Can I apply/extend OPT after I file I-140 NIW? How about after I file
I-485?

A: If your status is F-1/OPT, the duration of your legal status in the U.S. is also indicated on your
I-20. You can remain in the US until the expiration date on your I-20, even after filing an I-140
or I-485.

If you wish to apply/extend your OPT, your university has the discretion whether to issue you a
new I-20 for OPT/STEM after you file an I-140. So, we suggest that you consult with your
international office to see if they have any specific policy against issuing a new I-20 after the
student has filed I-140. You don’t need to specifically discuss your plans to apply for a green
card but only inquire about their policies.

After the university issues a new I-20 for your OPT/STEM, you need to get an EAD from the
USCIS. Technically, there is some risk of the new EAD being denied because of immigrant
intent shown by the I-140. However, from our experience, the risk is very low.

After you file I-485 and when your I-485 is pending, you won’t be able to apply/extend your
OPT. But your current OPT won’t be affected by the filed I-485.

Q: I am on J-1/J-2. Can I start the I-140 application process, since this visa requires
non-immigrant intent? Can I extend my DS-2019 for J-1 after filing I-140 NIW? How
about after I file I-485?

A: Yes, you can file I-140 NW on J-1/J-2 and we have helped many clients obtain I-140 and
I-485 approval on J-1/J-2 status.

If you have a J-1 visa, your status is determined by your DS-2019 form. If you are in a situation
that you may have to extend DS-2019 after filing I-140, please be sure to check the relevant
policy of your J-1 program sponsor in advance. Some J-1 institutions have related information on
their websites. If you wish to talk to J-1 RO directly, you don't necessarily need to discuss your
specific plans of applying for a green card but just inquire their general policy. The J-1 status
requires nonimmigrant intent, so some J-1 sponsoring institutions or J-1 responsible officers are
very strict about non-immigrant intent and may refuse to approve your J-1 visa status extension
request or terminate your J-1 status if they learn about your intent to apply for a green card.
After you file I-485 and when your I-485 is pending, you won’t be able to apply/extend your
DS-2019. But your current DS-2019 won’t be affected by the filed I-485.

Some J visas are subject to the INA 212(e) two year home country physical presence
requirement. So, if your J visa is subject to this requirement, you must either satisfy this
requirement or get a J-waiver before you will be eligible to file the I-485 for adjustment of status
or do Immigrant Visa Processing. But, the restriction will not affect your I-140 (EB-1 or EB-2
NIW). It only comes into play at the stage of filing the I-485 or Immigrant Visa Processing.

Q: My priority date is current, can I travel outside of the U.S. after filing the I-140?

A: If you are on visas that don’t prohibit immigrant intent such as H1B/H4, L1/L2 and
O1/O2/O3, you can travel internationally with a valid visa stamp. But if you wish to travel
internationally while being on a visa status that does not allow immigrant intent (such as F- 1,
F-1 OPT, F-1 STEM, F- 2, J-1, J-2 or TN/TD), you have the following options:

1. Wait until you receive the Advance Parole (AP): At the time you file I-485, you can file I- 131
to get AP Advance Parole (AP) to travel internationally, which is usually approved in 3-6
months. Please be advised that once you enter the U.S. with AP after an international trip, your
non-immigrant visa status will be invalidated so you only rely on your pending I-485 to stay in
the U.S and you need to stop working until you receive the I- 485 EAD card. If your I-485 is
denied, you will need to leave the U.S. Note simply applying for AP or having AP approved does
not affect your visa status.

2. Choose Immigrant Visa Processing as the second step for your green card application after
your I-140 approval. If you will proceed with Immigrant Visa processing, the issue of
"immigrant intent (e.g., intent to file the I-485)" does not apply so you should be able to travel
internationally on a non-immigrant visa that does not allow immigrant intent if you have a valid
visa stamp. If you have to renew the visa stamp, note you have to disclose your I-140 petition on
the DS-160 form so you need to explain to the consulate officer that you don't have settled
immigrant intent. If you will travel to Canada or Mexico for fewer than 30 days, you can enter
the U.S. with an expired visa stamp based on automatic revalidation rule.

3. If you are undecided about whether you will proceed with I-485 or IVP, please be aware that
the relevant inquiry is your intent at the time you enter the US. If you enter the US with a visa
that requires nonimmigrant intent and then later decide to file an I- 485 to apply for adjustment
of status to permanent resident in the US, you may do so. Generally, we suggest clients not to
consider I-485 at least within 90 days of the entry.

4. If you later change to a visa that does not prohibit immigrant intent such as H1B/H4, L1/L2 or
O1/O3, you should generally have more freedom to travel internationally. We can provide more
information regarding this if your situation applies.

Q: My priority date is NOT current for filing an I-485 application. Is it possible to travel
internationally on visas that do not allow immigrant intent such as F/J/TN visa?

A: Since F/J/TN visa does not allow immigrant intent, you cannot travel with F/J/TN visa if you
have settled immigrant intent (i.e., intent to file I-485) - doing so is considered visa fraud.
However, if your I-140 priority date is not current, you are not eligible to act upon your
immigrant intent. As such, it is generally not an issue for you to travel internationally with a
valid F/J/TN visa stamp on your passport when your priority date is not current with a pending or
approved I-140 petition.

If you need to renew your F/J/TN visa stamp at the consulate, the question of your filed I-140
would come up as you will need to truthfully disclose in the DS-160 form that you have filed an
I-140. However, you should still be able to renew your F/J/TN visa stamp if you are able to show
that you:

1. Have a residence abroad;

2. Have no immediate intention of abandoning that residence; and
3. Intend to depart from the United States upon completion of approved activities.

According to DOS guideline:

- [J-1 visa] "Nonetheless, you (refers to consular officer) must be satisfied at the time of the
application for a visa that an applicant possesses the present intent to depart the United States at
the conclusion of his or her program. That this intention is subject to change is not a sufficient
reason to refuse a visa. Although exchange visitors may apply to change or adjust status in the
United States in the future, this is not a basis to refuse a visa application if the exchange visitor's
present intent is to depart at the conclusion of his or her program.
- [F-1 visa] If you are not satisfied that the applicant’s present intent is to depart the United States
at the conclusion of his or her study or OPT, you must refuse the visa under INA 214(b). To
evaluate this, you should assess the applicant’s current plans following completion of his or her
study or OPT. The hypothetical possibility that the applicant may apply to change or adjust status
in the United States in the future is not a basis to refuse a visa application if you are satisfied that
the applicant’s present intent is to depart at the conclusion of his or her study or OPT.

In case you are required to produce the evidence in question, we suggest that you bring the
relevant documents the purpose of visa stamp application and subsequent entry into the U.S.
Examples of evidence include:

- Proof of a residence abroad, whether this is a family home, a home you own, or other residence
in your home country. Such evidence can include title to a property in your name, your family’s
name, or mail received at a foreign residence addressed to you;

- Page 2 of your submitted I-140 form indicating that you plan to undergo Immigrant Visa
Processing at a U.S. consulate or embassy abroad (if you choose IV Processing in the I-140 form
and intend to undergo IV Processing for green card);

- Evidence of ties to your home country, whether it is a spouse or family member living back
home or a planned event in your home county that you have committed to attending upon
completion of your approved activities,

- Job opportunities, offers, or letters of interest from employers in your home country,

- Any other evidence you can think of that will show your ties to your home country or a foreign
residence.

That being said, each entry and visa granting is still up to the discretion of the officer.

Q: I am filing my I-140 under NIW. Can I change jobs?

A: Yes. Since NIW is a self-petitioned category, it is fine if you change jobs as long as you
continue to work in the same field.

Additionally, your new position should ideally confirm that your proposed endeavor has national
importance. In order to meet this requirement, it will be best if your official job duties include
conducting research, publishing papers, presenting at conferences, etc. If you wish to take a
position in industry and you won’t be able to publish papers in the position, we suggest that you
continue to collaborate with your PhD advisor or other research institutions and continue to
publish papers.

Q: I am filing my I-140 under EB-1A. Can I change jobs?

A: Yes. Since your I-140 EB-1A is self-petitioned, it is fine if you change jobs as long as you
continue to work in the same or similar field.

Q: I am filing my I-140 under EB-1B. Can I change jobs?

A: Please note that EB-1B is different from the EB-1A and NIW category in that the EB- 1B is
an employer-sponsored petition. According to AC-21, if you change employers before your
I-485 based on EB-1B is pending for more than 180 days, your I-485 cannot be approved.