Switching H1B employers during pending marriage-based GC application

H

haralampi

New Member
Hello,

I am currently on H1B visa, with ~2 years of validity remaining. I am about to switch jobs, and my new employer has agreed to take over my H1B.

I also recently got married to a US citizen, and would like to file for a marriage-based Green Card. I understand that the process takes 3-6 months. I understand that the temporary work authorization based on a Green Card application may take 3 months to issue, and I would not like to have this gap.

Can I switch H1B employers after I have filed for the GC adjustment of status, or would that invalidate either my H1B or my GC application? What are the implications?

What is the best course of action / sequence of application if I'm trying to minimize time that I'm not working?

Thank you!!
 
The H1B transfer will not affect, or be affected by, your I-485 application. Under AC21 you can start work the minute the H1B transfer is received by USCIS.
 
If you have valid H1B status with one employer, you can change jobs within the US as soon as the next employer files H1B for you. But if you change jobs and leave the US before the next H1B is approved, you'll be stuck outside the US until you get the approval.
 
Jackolantern said:
If you have valid H1B status with one employer, you can change jobs within the US as soon as the next employer files H1B for you. But if you change jobs and leave the US before the next H1B is approved, you'll be stuck outside the US until you get the approval.
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If I recall my AC21 correctly (and it's been almost a decade, so I'm a little rusty) the consular posts were instructed to provide new visas to people exercising portability.
 
TheRealCanadian said:
If I recall my AC21 correctly (and it's been almost a decade, so I'm a little rusty) the consular posts were instructed to provide new visas to people exercising portability.
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Not at consulates. Consulates still demand an approved petition before issuing a new visa stamp.

It's the ports of entry which were instructed to make provisions for individuals exercising portability. They'll let people enter with a pending H1B from the new employer if the individual has an unexpired H1B visa from the previous employer. But that still means those who are outside the US after expiration of the existing visa are stuck outside until the new petition and visa is approved.
 
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