Is 485 approval notice enough for continuation of employment -- H1 expires in 1 month

N

ND-July2002

Registered Users (C)
I am working with my employer on an H1 which expires 02/03/2005. Have no EAD.

Yesterday my 485 got approved and to receive my card it will still take over a month and go beyond 02/03/2005. So my question is

1) Is the 485 approval notice good enough to become the basis of employment?
2) Is a 551 stamp in the passport good enough for employment

3)If neither of the above is good then do i need to file for an extension of stay?

Thanks in advance for your input.
 
I know for a fact that 551 stamp in the passport good enough for employment
The stamp itself says "Employment Authorized"
 
ND-July2002 said:
I am working with my employer on an H1 which expires 02/03/2005. Have no EAD.

Yesterday my 485 got approved and to receive my card it will still take over a month and go beyond 02/03/2005. So my question is

1) Is the 485 approval notice good enough to become the basis of employment?
2) Is a 551 stamp in the passport good enough for employment

3)If neither of the above is good then do i need to file for an extension of stay?

Thanks in advance for your input.
Click to expand...

With an approved I-485, you are a permanent resident. Get your passport
stamped ASAP if you have not done so. If you do have the stamp, don't worry, you can use it as a proof of your permanent resident status, and hence for employment. You just have to fill up a new I-9 form and show the passport stamp to your HR dep't.
 
rgeneblazo

I understand 485 approval means permanent resident.

What I am concerned is employability. I only have one month remaining on my H1.Now the company is preparing to file for my extension of stay but the cost is shared by me and the company.

1)My 485 just got approved yesterday so I can expect it to arrive in next 2 weeks. My concern is if just the approval notice is good enough then I can ask the company to stop proceeding with the extension. This will save us money plus effort.

2)If that is not enough then Is the stamp enough? But the stamp is dependant on when i get the appointment. Cannot depend on this.

3) If neither is good then i guess filing for extension is the only option as neither can I expect the stamping to happen in 1 month (receive notice, get appointment for stamping) nor receive the physical card in 1 month.

Thanks
 
Your H1 is toast. You need to get the stamp once you get the approval letter. Fill out a new I-9 with your employer.
Yes you can ask them to stop the extension which will be denied anyways as you are already an LPR. USCIS will love to take your money if you continue with the extension.
 
I think I am not able to make my point clear

Guys I ONLY have 1 month left on my H1 (my current basis of employment)and that is the reason I am asking this question.
I also understand that I will have to fill up a new I-9. But the problem is that if I am not able to get my PP stamped within 1 month will I be in unauthorized employment?

Therefore I am asking that is the 485 approval letter good enough for purposes of employment?

I mean I fill up a new I-9 using the letter, and then get my pp stamped whenever I get an appointment. The problem is that appointments is something not controlled by me.
 
yes

once approved the green card is from the date of approval. Your h1 is not valid from the date gc is approved
 
4 or 5 days for you to get the approval notice in the mail. Two weeks at the most to get your passport stamped. (Infopass appointments are given out 2 weeks at a time)

As soon as you got approved you became a PR..so relax..
when you get your GC it will be dated the date you got approved....
tell your employer to not to file for extension, cause even if you apply for extension, it will be denied
get your passport stamped as soon as possible,
enjoy...
 
This is what i understand

1) Dont care about H1 anymore neither the extension.
2) Receive the approval notice and till that happens secure an appointment for stamping
3) Get passport stamped
4) Fill up a new I-9 with date of approval of 485 and present the stamp as evidence.

Is my understanding correct?
 
Ok then here is the dilemma

On one hand H1-B(or any working visa) status is lost the day 485 is approved. On other hand the article says that the LPR status is only obtained once a person gets PP stamped. This status also allows work and travel.

Hence the conclusion is that between the date of approval of 485 and date of stamping of passport an individual is in unauthorized employment. This just doesn't sound right, does it?
 
Your Green card will display you are resident from your I485 approval date not your PP stamping date.

Then what is your worry?

You are already GC holder.

Forget about H1B issues and have a chill Beer :D .
 
ND-July2002 said:
On one hand H1-B(or any working visa) status is lost the day 485 is approved. On other hand the article says that the LPR status is only obtained once a person gets PP stamped. This status also allows work and travel.

Hence the conclusion is that between the date of approval of 485 and date of stamping of passport an individual is in unauthorized employment. This just doesn't sound right, does it?
Click to expand...

I think this is the issue you are really concerned about right?- You will not be out of status in terms of working between approval and stamping- the only reason they explain it that way is to establish the fact that you cannot travle and that some people do not have work authorization prior to GC stamping. You are not out of status, but if you chose to change jobs in the interim period you would not have anything to show and employer to prove status- this is why they say you are not Legal PR until stamping. It is just a formality.

Tell you employer that there is no need to file extension- I am sure they will be as happy as you to be saving $$$'s, but also try to get an appointment as soon as possible- although you are still legal to work, it should be a good idea to get stamped ASAP.

and good luck- enjoy the freedom when you finally do get stamped :)
 
Thanks all

Thanks everybody. That is what I have done. The extension has been put on hold. Also I have secured an appointment thru Infopass for 01/19/2005. Hope the approval notice arrives by that time.

Thanks once again. You guys are just great.
 
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