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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

300 points proberts | 1 comments | 14 Mar 25 14:39 UTC | HN request time: 0.206s | source

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
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webster451 ◴[14 Mar 25 18:36 UTC] No.43365740[source]▶
Hi Peter, Thank you for doing this!

I'm on H-1B with an approved EB-2 via my current employer and an approved EB-1A (self-petition). I want to switch employers or take a break. I expected my priority date to become current in Q3 or Q4 2025.

Questions

1. If I switch to an H-4 status for a break, can that affect I-485 via EB-1A?

2. I need to visit family urgently and I have got a few offers in hand. Can I quit and travel internationally while the H-1B transfer is in progress and re-enter the US? My stamp expires in 6 months and my partner can mail the approved I-797. What are the general risks here apart from the mail getting lost?

3. Can a change of employment lead to issues with an AOS application in the future using EB-1A?

replies(1): >>43366821 #
1. proberts ◴[14 Mar 25 20:18 UTC] No.43366821[source]▶
My responses in order: 1. Green card applications are prospective in nature, meaning they concern what the applicant will do after getting a green card so what an applicant is doing now, before getting a green card, shouldn't matter strictly speaking but switching to H-4 and stopping work could cause USCIS to question whether you intend to work in your EB-1A field after getting your green card. To be clear, however, the risk of this is low and USCIS's concern if raised easily rebutted. 2. Yes but you would need the original receipt or approval notice (combined with your existing visa) to get back in. Make sure to speak with the company's attorney about this/travel. 3. Unlikely, since the EB-1A isn't based on a specific offer of employment but as noted above, a change to a different field could raise questions about whether you will continue to work in your EB-1A field after getting your green card. To be clear, however, the risk is low that a job change in the EB-1A context would trigger an RFE by USCIS.