Can you work on H-1B after GC approval

[mihikam05]

I know this is a crazy question, but i am in non-typical situation.
I am processing my gc with a different employer and working on H-1B with present employer. I havent got the gc approval yet and presently in 485 stage.
Can i work on H-1 even after the gc approval?
what are the dangers of doing this?
I am in situation (thats very hard to explain) that i can't tell my present employer that i have a gc once its approved, so that scenario is out of question.

 

[wildthing]

sure you can do so.

I don't see there is any danger except that your employer will find out sooner or later because USCIS will inform them about your status.

 

[max2k1]

I know this is a crazy question, but i am in non-typical situation.
I am processing my gc with a different employer and working on H-1B with present employer. I havent got the gc approval yet and presently in 485 stage.
Can i work on H-1 even after the gc approval?
what are the dangers of doing this?
I am in situation (thats very hard to explain) that i can't tell my present employer that i have a gc once its approved, so that scenario is out of question.

NO WAY !!
You are no longer eligible for a non-immigrant status (like H/L) AFTER your 485 gets approved.

Your only course of action is to work based on the LPR status -- anything else is asking for BIG trouble.

 

[armie]

Well, you don't need to inform your employer about your approval. Let him 'assume' you are working on H1. There is no requirement for youto inform of any change of status to your employer.

This is wrong, you are required to inform your employer if your legal status changes. You need to fill a I-4? for tax pourposes.

 

[sertra2002]

This is wrong, you are required to inform your employer if your legal status changes. You need to fill a I-4? for tax pourposes.

I assume you are talking about I-9. And can you show me the law that says 't is required ' ?

I-9 is again the reponsibility of the employer. HE has to make sure you are legally authorized to work. You on, your part have to ensure that you are in status and all that, jsut to protect yourself.

 

[js123431]

I assume you are talking about I-9. And can you show me the law that says 't is required ' ?

I-9 is again the reponsibility of the employer. HE has to make sure you are legally authorized to work. You on, your part have to ensure that you are in status and all that, jsut to protect yourself.

Once I-485 is approved all other Visa is invalid. You need to inform the employer about the new status. You can not be on H1 once your I-485 is approved. It is not only illegal but also un-inteligent to continue on H1. I do not know the problem but he has to let the employer know.

JS

 

[jkvaisnavi]

I agree with max2k1 & js123431

Guys once the 485 is approved automatically all the non-imm status invalid.. It is your reposnsibilities to inform the employer.

YOU CAN'T WORK USING H1 IF YOUR 485 IS APPROVED SINCE H is NO LONGER VALID TO USE ANYMORE.

 

[sriram1975]

I know this is a crazy question, but i am in non-typical situation.
I am processing my gc with a different employer and working on H-1B with present employer. I havent got the gc approval yet and presently in 485 stage.
Can i work on H-1 even after the gc approval?
what are the dangers of doing this?
I am in situation (thats very hard to explain) that i can't tell my present employer that i have a gc once its approved, so that scenario is out of question.

I dont think you can do that. But why would it be a problem informing your current employer about your GC approval? You can still continue to work with current employer after making the change using I-9.

 

[sertra2002]

I agree with max2k1 & js123431

Guys once the 485 is approved automatically all the non-imm status invalid.. It is your reposnsibilities to inform the employer.

YOU CAN'T WORK USING H1 IF YOUR 485 IS APPROVED SINCE H is NO LONGER VALID TO USE ANYMORE.

All of you guys are missing the point. I am not arguing that you can work on H1 after 485 approval. Once you get GC, your H1 status is NULL and VOID. You CANNOT work on H1 as your PR status supercedes your H1. That is clear ! Its not only unintellegent, its impossible also.

When you say 'YOU CAN'T WORK USING H1' what does this mean ??? Do you take your H1 every day to the employers office with you. NO. Its only a status that you have that gives you the right to work for the current employer.

Now the point is do you have a LEGAL obligation to inform the employer that you got a GC ?? I thinK not. The LEGAL obligation for both of you is to make sure you have a valid work authorization. For the employer this means an updated I-9. And for you it means you should have something like the H1, EAD or GC with you. That is it !! You have to learn to use the law in this country and be smart. Do what the law requires, and the law requires you to have a legal status. It does not require you to inform your lawyer if your status changes. Only if you lose your legal status to work should you inform the lawyer, not otherwise. Ofcourse morally you should inform him, but legally NOT REQUIRED. Now if he explicitlly asks you, then you must tell him truthfully, but that has to come from him, you do not have to devulge from your end.

 

[pwdg]

I know this is a crazy question, but i am in non-typical situation.
I am processing my gc with a different employer and working on H-1B with present employer. I havent got the gc approval yet and presently in 485 stage.
Can i work on H-1 even after the gc approval?
what are the dangers of doing this?
I am in situation (thats very hard to explain) that i can't tell my present employer that i have a gc once its approved, so that scenario is out of question.

Your situation is quite awkward.
You can not work on H-1 after the GC approval because your are no longer in H-1 status. However it does not prevent you from working for the current employer with the newly approved GC. If the human resources department in your current employer is very knowledgeable about the immigration process, they can ask you awkward questions later. This is not a dangerous process however it is an odd situation. So most of the HR managers would not know how to handle this issue and will let you go with some doubts in their minds. However if your H-1 has to be extended after you get the GC approval, then there is definite danger if you do not disclose the GC approval in your H-1 renewal application. Under any circumstances your H-1 renewal will be denied and you will be questioned for perjury by USCIS for not disclosing your actual status.
This is my understanding. But please check with a third party lawyer before you take any action.
Good luck.

 

[armie]

The LEGAL obligation for both of you is to make sure you have a valid work authorization. For the employer this means an updated I-9. And for you it means you should have something like the H1, EAD or GC with you. That is it !! You have to learn to use the law in this country and be smart. Do what the law requires, and the law requires you to have a legal status. It does not require you to inform your lawyer if your status changes.

You are feeding the guy with wrong information. Not all work authorization is same. For ex: the employer is not required to collect Soc.Sec. taxes from a student working on EAD. The employers is required to know the specific immigration status of the employee. IRS also treats immigrant, non-immigrant workers differently- the reason for filing I-9 one you get GC.
I don't know what the problem is in informing the current employer about having the GC(may be he never worked for the sponsoring employer?) IMO, it is not risking federal fraud in any case.

 

[sertra2002]

You are feeding the guy with wrong information. Not all work authorization is same. For ex: the employer is not required to collect Soc.Sec. taxes from a student working on EAD. The employers is required to know the specific immigration status of the employee. IRS also treats immigrant, non-immigrant workers differently- the reason for filing I-9 one you get GC.
I don't know what the problem is in informing the current employer about having the GC(may be he never worked for the sponsoring employer?) IMO, it is not risking federal fraud in any case.

I am not 'feeding' anyone anything. I am only putting down what are my views, I am sure you are also doing the same. We are all same here, none of us is an immigration lawyer, so yes I could be wrong, I do not deny that, and so could be you. Unless you can point to a particular law that says it is required, I will stick to my 'views'.

I am replying to the specific users situation only. Bottomline is 'You are not legally required to infom employer about your change of status from H1 to PR, unless situation demands. Like when he asks you to provide new I-9, or something. But that has to come from him. Legally the burden is not on the employee to inform.

The case you are citing, does not apply in the users scenario as he is not changing status from or to a student.

 

[sertra2002]

IRS also treats immigrant, non-immigrant workers differently-

Absolutly wrong. IRS uses termenology of Resident and Non-resident for tax purposes. If you lived and workd in the US for 12 months you are a RESIDENT and will be taxed like an ordinary resident. I Hope you have not been filing your taxes as a non-resident till now, because if you have you may have to redo them. Seek advice of a qualified CPA in that case !!!!

Read the instructions of the I-9 form below:

http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf


It should clarify some of your 'views'.

 

[overWait]

I know this is a crazy question, but i am in non-typical situation.
I am processing my gc with a different employer and working on H-1B with present employer. I havent got the gc approval yet and presently in 485 stage.
Can i work on H-1 even after the gc approval?
what are the dangers of doing this?
I am in situation (thats very hard to explain) that i can't tell my present employer that i have a gc once its approved, so that scenario is out of question.

Well guys, looks like there is a lot of Brain dumping goin on. I guess sertra2002 is right. Firstly, after GC approval your other Status (H1, L1 etc) are automatically cancelled and secondly, you are not required to inform the employer until asked. Its employer's responsibility to keep their records updated. But sooner or later they are gonna know about it and that would be I guess worse.

But here I would like to think lil different. I understand you mentioned that you are in a situation where you cannot inform you present employer about you latest status change but if you are billiable and if you have exposure to client then you might be in a luck. In that situation, it might not be in your employers interest to take any action against you (instead you can ask for a hike ). Talk out your employer and discuss with the company that sponsered your GC and get some extra work and make some extra dollars from them as well.

Its not simple but just give it a thought and consider it as your last resort. Wish you good luck buddy...

 

[max2k1]

I know this is a crazy question, but i am in non-typical situation.
I am processing my gc with a different employer and working on H-1B with present employer. I havent got the gc approval yet and presently in 485 stage.
Can i work on H-1 even after the gc approval?
what are the dangers of doing this?
I am in situation (thats very hard to explain) that i can't tell my present employer that i have a gc once its approved, so that scenario is out of question.

OK -- am ready to chime in with some fresh perspective

First of all, you are LEGALLY required to begin working for the GC sponsoring employer once your 485 gets approved -- that's the whole point of employment based GCs.

If you continue to work for the old employer (discarding the I-9 controversy), you're creating a situation that can be construed as fraudulent. .... (by not working for the sponsoring employer)

Please consider such things before you go and do something that you'd later come to regret.

 

[mihikam05]

Wow, this definetly became an interesting thread, thank you all for your feedback/comments.

Mine is definetly an interesting case,
I wanted to see if i can hang on to my present job(on H-1), till i find a contract oppurtunity so that i can go work for the company that sponsored my gc, since its a consulting company and does contracts, where as i am Permanent employee at the present company. I cannot afford a lapse in my health insurance...

Max,
You hit it right on, i am afraid my present company(its a relatively Big american company) might consider this whole affair as fradulent, if i approach them soon after gc approval and say get me started on my GC (modify I-9) instead of H-1 and i can be booted out of my job, i rather quit the job instead of getting fired and am also afraid they might lodge a complaint with USCIS(they probably won't do it, but i will have that fear in my mind)
Although one of the AC21 rules say, i dont have to work for the sponsoring employer even in a future employment category, i should have used AC21 6 months after I-485 is filed and I-140 is approved, but even then this company wont give any supporting documents to support AC21 (You all know how these BIG Companies go by the BOOK), so i didnt pursue that option.
Onething i got clarified from my lawyer is i cannot work on H-1 upon gc approval and i have to use GC, so i will be joining the company that sponsored my gc as soon as i get the approval.

 

[armie]

Absolutly wrong. IRS uses termenology of Resident and Non-resident for tax purposes. If you lived and workd in the US for 12 months you are a RESIDENT and will be taxed like an ordinary resident. I Hope you have not been filing your taxes as a non-resident till now, because if you have you may have to redo them. Seek advice of a qualified CPA in that case !!!!

Read the instructions of the I-9 form below:

http://uscis.gov/graphics/formsfee/forms/files/i-9.pdf


It should clarify some of your 'views'.

You are confused between the terms immigrant/non-immigrant and resident/non-resident.These are used in entirely different context and not the same. We are discussing the former here, it has nothing to do with how many months you have been in US.

I-9 has there different catgories for your immigrant status.
I attest, under penalty of perjury, that I am (check one of the following):
1) A citizen or national of the United States
2) A Lawful Permanent Resident
3) An alien authorized to work until -/-/-

When you become a PR your are required to change your status from 3 to 2.

From the I-9 instructions:

This information is for employers to verify the eligibility of
individuals for employment to preclude the unlawful hiring, or
recruiting or referring for a fee, of aliens who are not
authorized to work in the United States.
This information will be used by employers as a record of their
basis for determining eligibility of an employee to work in the
United States. The form will be kept by the employer and made
available for inspection by officials of the U.S. Immigration and
Naturalization Service, the Department of Labor and the Office
of Special Counsel for Immigration Related Unfair Employment
Practices.

Bottomline, you are commiting a federal fraud by not informing the change of your immigration status. Did you imagine you could create a smoke screen just by throwing a link to I-9 form?

 

[Rbulus]

H1B with GC Approval

Immediately your GC is approved, your H1b is NULL, Avoid. I went to the PP Stamps, and the immigration's customer services took my passport, and cancel the H1B visa, and put GC temporally stamp, she said, you are permanent resident, then you can not work or travel with H1B, and she took the I-94 form too.

RBulus

 

[sertra2002]

Bottomline, you are commiting a federal fraud by not informing the change of your immigration status. Did you imagine you could create a smoke screen just by throwing a link to I-9 form?

If you read the instructions carefully again, it talks more about the employee being eligible to work 'At the start of employment'. The purpose of I-9 is to make sure that employee is Authorized to work in the US. Nowhere does it say, if status changes from one form of work authorization to the other, is the employee under any obligation to inform about this. We may have our own views on what construes federal fraud, but unless I see it in print, I will not change my view.

Also, I pointed to the I-9 (Employment Eligibility Verificaton) to show you what it says. Now if you think pointing to an authorized form is 'smoke screen' thats too bad buddy. You have to back what you say with actual proof. No one is gonna beleive it just because YOU said it. Show it in print. Any form, any law ..can you ??

The USCIS site puts the purpose of the form to be :"All U.S. employers are responsible for completion and retention of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. On the form, the employer must verify the employment eligibility and identity documents presented by the employee and record the document information on the Form I-9. Acceptable documents are listed on the back of the form, and detailed below under "Special Instructions"

Bottomline is I beg to differ from your view. I made my point, you made yours..so peace !

I guess in all this mihikam did get his answer for what he has to do.

 

[armie]

Isn't the phrase "under penalty of perjury" strong enough?
Can you point to a single source which advises not to inform about the change of immigrant status. Every single legal opinion I've seen in this forum and else where advices to the contrary.
My point was I-9 considers H1 and GC status differently. You only have to glance the I-9 form to realise it.