Stay on H1b after 485 is approved

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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.
 
testtogc said:
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.
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This has been debated here before.

My question to you -- WHY do you want to do this ??

Your H1 is invalid as of 485 approval -- the "right" thing to do is to start working as a GC holder.

Anything else you might hear and do is just fudging around.
 
max2k1 said:
My question to you -- WHY do you want to do this ??
Click to expand...

This is a very valid point.

Many people assume that xyz is the only solution to their problem. This may not be the case and their can be other ways of handling your 'situation'. If you could write what the 'situation' is, then you may get better advice on this forum. And best of all, its all free ! :)
 
Once one has obtained immigrant status the non-immigrant status becomes null and void. Once cannot have both immigrant and non-immigrant statuses at the same time.

It is a different issue about I-9 compliance. All the same, there is a period (I can't recollect how many days exactly) within which the I-9 needs to be reverified/update with the new work eligibilty details. This is true even for non-immigrant status extensions and changes

Assumming that there were no gaps in employment eligibility before you got the AOS approval, since there was always continuous employment eligibilty (via one or more of, but not limited to the following- F-1 CPT, OPT EAD, J-1, H-1, L1, L2 EAD, AOS EAD or the actual GC) there is no issue. But you do need to update the I-9 soon.

Hope this helps
 
Forgot to address the 2nd question. AC-21 comes into effect BEFORE the AOS is approved. After AOS approval, it is your free will as a GC holder to switch employers.

Keep in mind though that switching employers immediately after GC could be construed as immigration fraud. It is very tough to prove subjective things like "intent" etc. Which is why most immigration lawyers suggest a "safe" period of 6 months. Fact is there is no such minimum/maximum safe period.

All the best!
 
I think I-9 grace period is something like 3 or 4 days.

Even though I-9 compliance is the responsibility of the employer ("technically"), I would strongly suggest that the OP do the right thing and file a new I-9 reflecting the change in his/her immigration status.

Again if we know the OP's situation we can give more accurate responses :)
 
Nope

max2k1 said:
I think I-9 grace period is something like 3 or 4 days.

Even though I-9 compliance is the responsibility of the employer ("technically"), I would strongly suggest that the OP do the right thing and file a new I-9 reflecting the change in his/her immigration status.

Again if we know the OP's situation we can give more accurate responses :)
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i don't think grace perid is in days .. becos i contacted my immigration attorney of my company .. who is responsible to send i-9 to hr. He told me that wait until i get the card and send him a copy of the card .. so that he will update my i-9. Is this wrong .. my case approved a month ago .. and not updated my I-9.

Thanks
 
Nope

max2k1 said:
I think I-9 grace period is something like 3 or 4 days.

Even though I-9 compliance is the responsibility of the employer ("technically"), I would strongly suggest that the OP do the right thing and file a new I-9 reflecting the change in his/her immigration status.

Again if we know the OP's situation we can give more accurate responses :)
Click to expand...

i don't think grace perid is in days .. becos i contacted my immigration attorney of my company .. who is responsible to send i-9 to hr. He told me that wait until i get the card and send him a copy .. so that he will update my i-9. Is this wrong .. my case approved a month ago .. and not updated my I-9.

Thanks
 
jk_GC said:
i don't think grace perid is in days .. becos i contacted my immigration attorney of my company .. who is responsible to send i-9 to hr. He told me that wait until i get the card and send him a copy .. so that he will update my i-9. Is this wrong .. my case approved a month ago .. and not updated my I-9.

Thanks
Click to expand...
When I meant 3 or 4 days - that's usually the time you have to fill a I-9 after joining a new job.

Obviously its OK if your attorney says its ok :)
 
testtogc said:
And also can we invoke AC21 immediately after 485 is approved.
Click to expand...

AFAIK, the provisions of AC21 apply when your 485 is pending (for >180 days).
Its not applicable after approval.
 
Will salary structure changes

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.
 
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