Can you work on H-1B after GC approval

[sertra2002]

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.

The pharse is strong, I agree. But the answetr to this phrase is required at the TIME of filling. I did not say LIE in the application. A person fills the I-9 at the Time of initial joining. So lets say I was H1 when I joined. So I must put - Non-immigrant. Now lets say x days after joining my status changes to PR. What I am saying is, that it is not the employee's burden to inform the employer that his status changed, AS LONG AS HE REMAINS IN LEGAL WORKING STATUS.

The burden is on employer to confirm whether the employee is in legal status. I-9 is employers responsibility.
The employer must keep an updated I-9 form at all times, if he be audited by USCIS. How that is supposed to work is, say when I joined my H1 was valid till 14 Sept 2004. The employer must verify and obtain a NEW I-9 after sept 14, 2004 to ensure the employee is in legal work status. Thats all that I am saying. The law does not require you as an employee to go and tell the employer that your status has changed from H1 to GC. You may do this as its the right thing to do, but legally you are not required to do that.

 

[pralay]

Let me poke my nose intot this discussion. Here goes my 2 cents.

After I-485 approval, any prior non-immigrant status (including dual-intent) becomes invalid. Therefore, there is no question of working in H1 status after I-485 approval. However, in general the employer updates I-9 only when the current work authorization (EAD or H1) expires. Before that employer is not worried about updating it - unless employee informs employer proactively and request to update I-9. Now there are two scenario:

Scenario 1: Employee is working on H1 with a different company (not GC sponsorer). I think this is the situation for original poster (who started this thread). In that case from work authorization viewpoint there is nothing wrong to work with that "different employer" (not GC sponsorer), because the employee is not working illegally (by virtue of having green card). Only difference is that as I-9 still says that he is in H1 status, employer is not aware of employee's status change to permanent resident (and it is not mandatory to inform employer about status change proactively). BUT (a big but), if employee does not join with GC sponsorer and keep working with "different employer", that would be considered bad faith and can be accused of committing fraud (as he never intended to work for GC sponsorer). Whole intent thing changes if employee invoked AC-21 (which can be totally different discussion).
But if employee want to take some time to join GC sponsorer (due to notice period, or finishing project work), then it's perfectly fine. It's Ok to work with "different employee" for-awhile. He is not working illegally.

Scenario 2: Employee is working on H1 with same company (GC sponsorer). In that case, it really does not matter whether I-9 is updated immediately after GC approval or not. Even though I-9 record still have H1 status, but from I-485 approval date, the employee is working as permanent resident. And there is no question of bad faith or fraud related to intent.

Bottomline, status mentioned in I-9 is non-issue. The real issue is whether a person has work authorization for working with X company on certain day. After I-485 approval a person clearly has.

 

[pralay]

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.

From working authorization viewpoint, YES, you can work with "different employer" - because from the day of I-485 approval you are permanent resident. Therefore, from the date of I-485 approval, you are NOT working on H1 status, even if you are working with employer different from GC sponsorer.
However, if you keep working with different employer and never join GC sponsorer your intent gets into question (unless you invoked AC-21 with different employer). You need to talk to your attorney (if you have) regarding this issue.

 

[vvinoo]

How would your current employer (A) know if yor got your GC from a different employer? Why not tell your HR that you got your GC through your spouse and that you want to update your I-9? I-9 is after all kept by the employer and is not sent to USCIS.

I think you can work part-time with your sponsoring employer (B) for a period of six months and get your pay checks from B as.

If you did this you haven't broken the "intent to work" clause for B and at the same time you are working for your current employer A legally (after your H1 expires)