What happens to H1B after AOS interview?

[resident1374]

Situation is I am currently working at the client-site on my H1-B and my GC (Family based) interview is scheduled for Jan 21st.

Question is - what happens (if) I pass the interview?

Will my H1B get cancelled automatically? (I haven't used my EAD or AP yet)
Can I continue to work or do I have to wait till I get the physical card and then continue with my job?
Do I have to update any records - SSN office or any such thing?

Anyone is similar situation?

Thanks

 

[Jackolantern]

If they actually approve the AOS at the interview by giving you an I-551 stamp, your H1B will be voided but you can continue to work with your new permanent resident status. You should then use the I-551 stamp to provide a new I-9 to your employer.

Otherwise, passing the interview doesn't mean your AOS is approved. There may be further review and paperwork before they finalize your case. Which means your H1B stays valid until they finalize your approval (of course, unless it expires or you take other employment with the EAD).

When your case is finalized and you have the I-551 stamp or physical GC, you should go to the Social Security office to update your status and apply for a new SS card without the employment restriction. With that unrestricted SS card, for employment purposes you can show the SS card + driver's license/state ID without having to show the GC. Having the SS office know about your GC status also reduces the chances of discrepancies with eVerify.

 

[resident1374]

If they actually approve the AOS at the interview by giving you an I-551 stamp, your H1B will be voided but you can continue to work with your new permanent resident status. You should then use the I-551 stamp to provide a new I-9 to your employer.

Otherwise, passing the interview doesn't mean your AOS is approved. There may be further review and paperwork before they finalize your case. Which means your H1B stays valid until they finalize your approval.

When your case is finalized and you have the I-551 stamp or physical GC, you should go to the Social Security office to update your status and apply for a new SS card without the employment restriction. With that unrestricted SS card, for employment purposes you can show the SS card + driver's license/state ID without having to show the GC. Having the SS office know about your GC status also reduces the chances of discrepancies with eVerify.

Thanks for your quick answer. There are some posts where I have read that - USCIS may approve but don't stamp the passport (is that true?) - what happens in that situation? I assume I will have to wait for the physical GC to update my SSN and continue working?

 

[Jackolantern]

Thanks for your quick answer. There are some posts where I have read that - USCIS may approve but don't stamp the passport (is that true?)

Yes it is true. But you still don't know if your approval is real and final if you don't have something more solid like the passport stamp, an approval notice, or the card itself, or at least an approval email or case status online.

A verbal approval in the interview does not mean your approval is complete and finalized. If they give you a verbal approval, ask them to stamp your passport. If they refuse, it probably means additional review and paperwork is necessary to finalize the approval.

- what happens in that situation? I assume I will have to wait for the physical GC to update my SSN and continue working?

You won't need to wait for anything to continue working. Whether you are in H1B or LPR status, you have authorization to keep working in the same job. Just keep working, and update the I-9 whenever you get the physical card. However, you will need the physical card or I-551 stamp to update Social Security.

 

[Triple Citizen]

If you are worreid about any break in employment, then do not worry. Whether your are given an I-551 stamp or you are told to wait for the card in the mail, you can continue to work.

I assume I will have to wait for the physical GC to update my SSN and continue working?