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what will happen to H1-B status after receiving green card?
- Thread starter Ravinka
- Start date
Grandhipal
Registered Users (C)
I asume your husband is working for a company that is different from yours and he is on H1B from them. What does it mean by - he got the GC thru your employer? He got it as spouse derivative? In that case he is free to do whatever he wants...he can do the same job...or even flip burgers at McDonalds or not work at all. I think he can still maintain his H1B if he wants...
If he got the GC thru your employer as a primary applicant (meaning nothing to do with your GC filing where you are the primary applicant) then it is recommended that he leaves the current company and work for the GC sponsoror (which in this case is your employer) for at least some time (may be 6 months?) in the same job that he got sponsored for.
If he got the GC thru your employer as a primary applicant (meaning nothing to do with your GC filing where you are the primary applicant) then it is recommended that he leaves the current company and work for the GC sponsoror (which in this case is your employer) for at least some time (may be 6 months?) in the same job that he got sponsored for.
Last edited by a moderator:
Grandhipal
Registered Users (C)
thanks for the info..he got GC as a spouse derivative. I am the primary applicant..I am working for my employer who sponsered GC. in this case I beleive, I have to work for my employer at least 6 months from now..right? but he is free...am i rihgt?
thanks...
yes, you are correct
I think he can still maintain his H1B if he wants...
.
Not true.
His H-1 became invalid when his I-485 was approved and he got his GC.
To be able to continue working, he must go to his employer and show GC and fill a form. He also can switch employer or have multiple employers since now.
TheRealCanadian
Volunteer Moderator
Not true. His H-1 became invalid when his I-485 was approved and he got his GC. To be able to continue working, he must go to his employer and show GC and fill a form.
That's not the case. If the I-9 his employer has on file doesn't reference his new Permanent Resident status, that's the employer's problem - and it's a record-keeping violation. The employment is perfectly legal.
That's not the case. If the I-9 his employer has on file doesn't reference his new Permanent Resident status, that's the employer's problem - and it's a record-keeping violation. The employment is perfectly legal.
I agree that it is employers problem - but also employee's problem. Employee must notify employer about the change in his/her status, and employee can not keep H-1 (nonimmigrant status) after receiving GC! (this is what I ment by 'not true' - that one can keep his H-1 status active - if he wishes - after receiving GC).
harvydonald
Registered Users (C)
It is better to inform the employer about the status change. Else employer is free to terminate the employment when H1B expires.