I-485 Approval & H1 Status

Wrangler

Registered Users (C)
Hi All,

1. Once I-485 is approved, does the H1 B goes invalid by default, whether
the H1 belongs to GC sponsoring employer or different?
Currently I'm on H1 Visa with another company (not my GC sponsoring
employer) and got my I-485 approved.

Do I need to make any change in my employment with present employer
by submitting any forms for USCIS/IRS?

2. Do LC's eligible for substitution now? I do have an approved LC from
present employer. Would like to know whether approved LC's (Labor) are
eligible for substitution as usual. Since PERM has been implemented, was
wondering whether Labor substitution is still doable/valid?

Thanks...
 
Wrangler said:
Hi All,

1. Once I-485 is approved, does the H1 B goes invalid by default, whether
the H1 belongs to GC sponsoring employer or different?
Currently I'm on H1 Visa with another company (not my GC sponsoring
employer) and got my I-485 approved.

Do I need to make any change in my employment with present employer
by submitting any forms for USCIS/IRS?

2. Do LC's eligible for substitution now? I do have an approved LC from
present employer. Would like to know whether approved LC's (Labor) are
eligible for substitution as usual. Since PERM has been implemented, was
wondering whether Labor substitution is still doable/valid?

Thanks...
(1) Yes - 485 approval means you are a P.R and your H1 is automatically INVALID.
First of all, get your 551 stamping done. Then complete a new form I-9 with your present employer ... use the 551 stamp as "proof" of employment.

Technically, tracking & updating I-9 is the job of the employer - but in this case you should do it.

Also, looks like your GC was based on an offer of future employment -- since your 485 is now approved, you should also join the GC petitioning employer asap (if working somewhere else right now) -- failure to do this might raise some red flags.

No idea about the labor sub question.
 
Thanks Max2k1,

My GC petitioning employer is not in business now and the case was processed based on future employment and having my case approved, is it necessary to inform USCIS about the present employment or just leave it.

Also would like to know about LC substitution! I do have an approved LC from
present employer. Would like to know whether this approved LC's (Labor) is eligible to use by someone for substitution as usual. Since PERM has been implemented, was
wondering whether Labor substitution is still doable/valid?

Thanks....
 
Wrangler said:
Thanks Max2k1,

My GC petitioning employer is not in business now and the case was processed based on future employment and having my case approved, is it necessary to inform USCIS about the present employment or just leave it.

Also would like to know about LC substitution! I do have an approved LC from
present employer. Would like to know whether this approved LC's (Labor) is eligible to use by someone for substitution as usual. Since PERM has been implemented, was
wondering whether Labor substitution is still doable/valid?

Thanks....

The approved labor belongs to your current employer and can be used for any other employees at that company. It is doable.
 
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