stay on H1B after 485 approval

testtogc

Registered Users (C)
I know below questions may sound typical, but please answer if know it.

I want to know, how many days can anyone stay on H1b from the day 485 is approved. Staying on H1b for a month will be fine. Will employer know immediately once it is approved.

And also can we invoke AC21 immediately after 485 is approved.
 
Once your I-485 is approved your H1 status becomes invalid. Its not a mater of your choice, but it is the the law that does not allow you to have non-immigrant status after I-485 approval. From your question it looks like you do not want to inform the employer of I-485 approval immidiatly (for 1 months ?). This is fine, as law does not require you to inform employer after approval. However it is better, as a matter of courtsey that you inform and fill out an updated I-9 form. This statement of mine may result in counter arguments, but let me make it clear that the Law does not ask you to fill out a I-9 form after getting I-485 approval, it is preferable if you do it, but not a requirement. Others may differ in their opinion, but thats how I see it.

Regarding using AC21, you cannot use AC21 after approval. AC21 is for changing employers while I-485 is pending. This may sound ironic, but after I-485 approval you cannot fall on Ac21 provision. Some say its safest to stick to sponsor company for atleast 6 months after approval, this again is a matter of personal opinion. This topic has been beaton to death on this forum, so search for it and you will find plenty of masala !
 
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Will there be any salary structure change as a GC holder vs H1 visa holder.

If not then I guess I can wait for atleast a month to fill I-9.

Idea is to get GC approved after using AC21 with new employer. Sponsor emp giving lot of hard time. Still 7wks to go to make 180 days.

Saw LUD on 485, do not know what will happen. If approvals want to know how to handle the situation, becuase do not want to stay with sponsor even a single day more.

Please suggest/help.
 
testtogc said:
Idea is to get GC approved after using AC21 with new employer. Sponsor emp giving lot of hard time. Still 7wks to go to make 180 days.

Technically AC21 does not apply after I-485 approval, but after 180 days if you start looking for job, have interview, get job offer and meanwhile I-485 gets approved, still that can be considered AC21. Let me give one example. Your I-485 crosses 180 days mark on July 01. You started looking for job and have an interview on July 15th. You got the job offer on 20th July. Meanwhile you realized that your I-485 got approved on July 18th. In this kind of scenario, you still can invoke AC21. Just save your interview date information (email exchange etc), offer letter for future to prove that.
 
what happens if its other way

What happens if its other way -

1) If 485 gets approved before 180days, and as soon as I complete 180days Can you invoke AC21.

2) Will USCIS accept AC21 even if 485 is approved.
 
AC21 go completely out of context after 485 approval. Purpose of AC21 is to change employers until I485 is approved.

It is not clear what your are trying to do. Once 485 is approved you are a free bird. Only thing you have to be concern about is if you wish to become a citizen you may want to hang on for at leat 6 months with the current employer after the approval. Again this is only an opinion. Some people do not think it is a problem. Search this form for more info.
 
testtogc said:
1) If 485 gets approved before 180days, and as soon as I complete 180days Can you invoke AC21.

No, you cannot. On the contrary, you can be accused of fraud because you lost your intent even before 180 days (and was waiting for that big 180th day to come).
 
idea is to get out of sponsor asap

My Idea is to get out of this sponsor asap.
If 485 gets approved before 180 days, I thought I need to stick to sponsor for 6months.

If this limit is only to achieve citizenship, then I do not need to worry, becuause my goal is not US citizenship. I will be happy with GC.

And also, will employer be able to do wrong after 485 approved before 180 days, like 140, sell labor. I know after 485 is approved labor can not be used, but my emp is very typical/mad guy.

Just want to play safe.
 
testtogc said:
If this limit is only to achieve citizenship, then I do not need to worry, becuause my goal is not US citizenship. I will be happy with GC.

And also, will employer be able to do wrong after 485 approved before 180 days, like 140, sell labor. I know after 485 is approved labor can not be used, but my emp is very typical/mad guy.

Just want to play safe.

If your "emp is very typical/mad guy" and you leave the next day you get your GC, he may file a complaint with USCIS that you used him only to get your PR. USCIS would start the investigation because of the possible immigration fraud.

After I-140 is approved and I-485 is pending for more than 180 days, your employer can't revoke your I-140. If your I-485 is approved - forget about 180 days, I-140 and your labor.
 
testtogc said:
My Idea is to get out of this sponsor asap.
If 485 gets approved before 180 days, I thought I need to stick to sponsor for 6months.

If this limit is only to achieve citizenship, then I do not need to worry, becuause my goal is not US citizenship. I will be happy with GC.

And also, will employer be able to do wrong after 485 approved before 180 days, like 140, sell labor. I know after 485 is approved labor can not be used, but my emp is very typical/mad guy.

Just want to play safe.

Even green card can be revoked as fraud.
 
testtogc said:
My Idea is to get out of this sponsor asap.
If 485 gets approved before 180 days, I thought I need to stick to sponsor for 6months.

If this limit is only to achieve citizenship, then I do not need to worry, becuause my goal is not US citizenship. I will be happy with GC.

And also, will employer be able to do wrong after 485 approved before 180 days, like 140, sell labor. I know after 485 is approved labor can not be used, but my emp is very typical/mad guy.

Just want to play safe.
Instead you can ask the employer to fire you and then run to a new employer. This is one solution. Employer can terminate you but you cannot resign imediately after GC.
 
How many months do someone has to work to keep GC in status in above condition.
I mean 485 getting approved before 180 days.

Also say I passed 180 days safely, how many days are safe to work with sponsor before running to new employer to use AC21.

What if he tries to do something for 140 after 180 days and before using AC21.
 
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testtogc said:
What if he tries to do something for 140 after 180 days and before using AC21.

The law is that, employer can do with their I-140 whatever they want - for example, revoking. But if I-485 is pending 180+ days, any action taken by ex-employer (who sponsored I-140) won't have any effect on your pending I-485, provided you have same or similar job in hand. Basically, after 180 days you already "ported" your I-140 to new employer.
 
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