H1B to GC; Convoluted case - tricky question

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foggazer

Registered Users (C)
Hello,

I am wondering if anyone has advice in the following case:

I am a current H1B holder (original application, no renewal, expires 12/08), still employed with the original sponsor (company A) in Connecticut. I recently moved to California for family reasons and continue to work for company A via telework. Now I have an offer from company B (government agency, DoD) here in CA. Company B wants me to take care of filing the I-129 Petition for Nonimmigrant Worker myself through an attorney of my choosing to report the change of employer with the USCIS. I will also have to pay the filing fees myself.

In two months I will get married to my fianceè, a naturalized USC. We set the wedding date a year ago. At this point, rescheduling the wedding to an earlier date does not improve the situation much. I am thinking about not filing the I-129 Change of Employer notification at this point and wait after my wedding to file everything together with the Adjustment of Status (GC application).

My question(s) now is(are):
1. it is my understanding that for the adjustment of status, I won't normally have to apply for Employment Authorization since my H1B is still valid until 12/08, albeit under company A. However, can I include the Change of Employer notification (I-129) for company B when I file for AoS after the wedding, or can I apply for Employment Authorization as I would if I wasn't already working in the US?
2. Or should I go ahead, file the I-129 now, pay the almost $1k in fees (company B is exempt from $1500 filing fee) or almost $2k for premium processing, and then apply for AoS after the wedding in two months?
3. In case I do file the I-129 now separately, am I correct in that I am allowed to start working for company B upon receiving a receipt note from the USCIS, not the approval notice? And if so, how long does it (usually) take to receive a receipt notice (non-premium processing)?

Has anyone already encountered a similar situation? Any insight would be appreciated. Here is some more background:

7/03 to 5/05 - F1-Student
5/05 - Graduated with MA degree, US university
5/05 to 12/05 - OPT
12/05 to present - H-1B1 (company A)

Thank you very much!
 
You can file I-130, I-485 and I-765 after wedding. In 90 days after reciept date you will get EAD(Employment Authorization Document). If they don't issue EAD in 90 days then you can go to local USCIS office and ask for interim EAD. You can use your EAD to work for any company in US (unless offcourse it is restricted for citizens only or need special security clearance). Some government agencies have that kinda restriction. This seems to me as one of the routes.

If you can't wait for 90 days + your wedding time. Then you can file I-129 and start working for the new company after you get the receipt.
 
mantra1234 said:
You can file I-130, I-485 and I-765 after wedding. In 90 days after reciept date you will get EAD(Employment Authorization Document). If they don't issue EAD in 90 days then you can go to local USCIS office and ask for interim EAD. You can use your EAD to work for any company in US (unless offcourse it is restricted for citizens only or need special security clearance). Some government agencies have that kinda restriction. This seems to me as one of the routes.

If you can't wait for 90 days + your wedding time. Then you can file I-129 and start working for the new company after you get the receipt.
Click to expand...


Not true. They are no longer issuing iEADs.

I believe that if you do not transfer your H-1B to Company B or work without EAD you lose your right to work with that visa.
 
can I include the Change of Employer notification (I-129) for company B when I file for AoS after the wedding
Click to expand...

you cannot file I-129 in the same package as AOS. It is a separate petition for a separate matter.

You have a couple of choices. First, continue maintaining your H1b status until you file for AOS - either through working for employer A (if they still let you telecommute) or transferring your H1b to employer B. Once you file for AOS, you can get AOS EAD and start working for any employer with it, or you can maintain your H1b status by NOT using AOS EAD and working for your employer A/B. IN the first case, you will be abandoning your H1b status.
 
Thank you!

Thank you all for your replies and the information you provided.

After some discussion, I decided to file the I-129 Change of Employer and just pay the fees for now. I will do the AOS sometime after my wedding next month - probably not before next year, however, to make the most of my H-1B "investment" right now.

Thanks again!
 
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