Question:
I am currently on H1-B visa with my wife on H4. My employer's policy is
such that they don't begin green card sponsorship until two years later.
With this currently volatile economy I would like to begin my green
card sooner than that.
Is it legal and practiced to have one employer sponsor you while you
work on H1-B for another?
Would it be better to find a sponsor for my wife instead and if so must
she do the H1-B first?
Answer:
While Green Card sponsorship is in progress is it legal and practiced to
transfer H1-B (or apply for new H1-B in my wife's case) to the
sponsoring employer?
While Green Card sponsorship is in progress is it legal and practiced to
transfer H1-B (or apply for new H1-B in my wife's case) to employer
other than the sponsor?
Please reassure me that one may wait for a green card outside of the USA
if need be.
I would appreciate your answers, comments and general advice as to what
would be the best way forward.
You can also find a sponsor for your wife as a backup. Technically, there
is no need for her to ever get an H-1B because H-1B and GC are almost
completely independent. In practical terms, though, few employers will
want to wait for years before the GC is approved.
Yes. Do keep in mind that it could be unethical because your employer
invests a lot of money in the process and expects to get a return on his
investment. But there is nothing in the law.
Also, once the GC is approved, you MUST work for the employer who
sponsored the GC, and if you haven't worked for that employer before on
H-1B, then you could endanger your GC.
Are you saying that just not working for the sponsoring employer on H1-B
while the process was pending might endanger the greencard?
Or will it be the case only if I also don't begin working for them after
the GC is approved?
My assumption would be that if I began working for them after the
approval there should be no danger to the green card regardless whether
I worked for them in the past on H1-B or not.
Could you clarify?
Here is my understanding:
While technically the GC is for a future job, BCIS will be suspicious if you
don't work for the sponsoring employer before getting the GC if you can.
The reasoning goes like this: The sponsoring employer states that they have
an immediate job opening that only you can fill. So common sense is that you
work in that job as soon as possible, even before getting the GC. If you don't,
BCIS may get the impression that the job offer is not really valid. And that
of course endangers the GC.
What happens if someone works for an employer for say 3+ years and
gets his green card. When can this person leave this employer without
jeopardizing green card? Will transfering to a similar job be o.k.
under AC21?
It depends on a lot of factors, and there is never a guarantee, but many
attorneys will tell you that after 3+ years, it is probably safe to quit
a month or two after getting your GC, or to take advantage of AC21.
