Does H-1B automatically get cancelled after GC?

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bkd52

Registered Users (C)
A friend of miine recently got his GC through a family based petition. Prior to that he was on a H-1B visa. Does the H-1B get cancelled automatically?

If not, is it as simple as writing a letter to USCIS asking them to cancel the H-1B?
 
Yes, if it doesn't, then it will once he enters the country with his GC. Either way, I dont believe there is anything to be done
 
How can he find out if it HAS in fact been cancelled?
The reason he is concerned is because of increased audits of H1-B employers and even though he has not done anything wrong, if the audit comes up with something on the employer, then he may get caught up unneccessarily in a mess.

Jackolantern....why do you suggest not writing to USCIS about it? Is there something to worry about here?
 
bkd52 said:
The reason he is concerned is because of increased audits of H1-B employers and even though he has not done anything wrong, if the audit comes up with something on the employer, then he may get caught up unneccessarily in a mess.
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If an audit happens neither he nor his employer will be in trouble, since he is not in H-1 status any more.

Jackolantern....why do you suggest not writing to USCIS about it? Is there something to worry about here?
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Nothing to worry about, but no point.
 
TheRealCanadian said:
If an audit happens neither he nor his employer will be in trouble, since he is not in H-1 status any more.
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YES. This sort of problems happen before green card - you have filed for H1, then L1, or EAD. It is on applicant to choose which status to be on. However, with GC, the status is changed by CIS ... you do not have the option of saying let me be on H1 for another month and then I will switch to GC.

The second part is the closure of H1. Most unused periods in H1s lapse, rather than formally closed/withdrawn.
 
As has been said, major point is for the employee to 'present' his GC to the employer, to fill out new I-9.
 
bkd52 said:
The reason he is concerned is because of increased audits of H1-B employers and even though he has not done anything wrong, if the audit comes up with something on the employer, then he may get caught up unneccessarily in a mess.
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He should show his GC (or other List B + List C documents) to the employer and fill out a new I-9. That will take care of any auditing issues that may arise.
Jackolantern....why do you suggest not writing to USCIS about it? Is there something to worry about here?
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I know sometimes an employer will write to USCIS to cancel the H1B, but employees never do that. It would be so unusual for USCIS to see such a request from an employee, that it may confuse somebody at USCIS into doing something stupid with the records that would create delays or hassles at citizenship time.

For example, somebody on this forum was told at the citizenship interview that their case cannot be decided until they located the individual's H1B files. I'm sure it wasn't caused by a cancellation request, but it still was the result of somebody at USCIS doing something stupid with the files ... so don't give them an unnecessary and unusual request that could lead them to do something stupid.
 
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