Can employer legally withhold activating H1b for their interests?

[matthews]

I'm currently working in the US as a full time employee under an nonimmigration visa. I was selected for H1b this year. I have been working at my current company for 1.5 years and would like to apply for GC as soon as possible once my H1b is activated. My employer has said to me that they prefer to apply GC for me after 3 years of employment. Since I'm currently on a work visa, there is no urgency to activate H1b until I need to apply for GC. However I would like to have H1b activated as soon as I am approved. I am not very happy at my current job, underpaid and overworked. I also would like to apply for GC as soon as possible once I obtain H1b instead of waiting 1.5 more years. I don't feel bad for my current employer as I have put in significant value-added for my group. I would like to use the H1b to apply for other companies later this year.

Disclosure: I am a Canadian citizen.

What are the steps I can take after my H1b is approved to activate it? Can I transfer company without activating H1b? if not, can I activate H1b on my own? Can employer legally withhold activating H1b for their interests?

Thank you.

[NettieL]

Did you sign a contract with this company? It sounds like the typical TN visa contract offers that I had received, for which I would have had to work 2 years for that specific company. The H1B offers had 3 year contract requirements. However, the 2 or 3 years would have included AOS.

A question I would research, is to see if you can apply for your own AOS. As far as I understand they are now allowing AOS for TN visa workers. If this is the case, start your application and sit tight until you have your GC.

[matthews]

Did you sign a contract with this company? It sounds like the typical TN visa contract offers that I had received, for which I would have had to work 2 years for that specific company. The H1B offers had 3 year contract requirements.

You probably have the choice to look for another job and let that company sponsor you for a Green Card, if you are not legally obligated to stay with your current employer. Some people find it worth it to pay the penalty for breaking the contract but be very careful regarding the wording of the contract. (If it applies).

Hi, my contract with current employer as "at will".

So what you are saying is as long as my H1b is approved but not stamped, I can change employer and they can re-start the H1b process for me, cap exempt? Can you please confirm?

Thanks.

[sasvi]

I'm currently working in the US as a full time employee under an nonimmigration visa. I was selected for H1b this year. I have been working at my current company for 1.5 years and would like to apply for GC as soon as possible once my H1b is activated. My employer has said to me that they prefer to apply GC for me after 3 years of employment. Since I'm currently on a work visa, there is no urgency to activate H1b until I need to apply for GC. However I would like to have H1b activated as soon as I am approved. I am not very happy at my current job, underpaid and overworked. I also would like to apply for GC as soon as possible once I obtain H1b instead of waiting 1.5 more years. I don't feel bad for my current employer as I have put in significant value-added for my group. I would like to use the H1b to apply for other companies later this year.

Disclosure: I am a Canadian citizen.

What are the steps I can take after my H1b is approved to activate it? Can I transfer company without activating H1b? if not, can I activate H1b on my own? Can employer legally withhold activating H1b for their interests?

Thank you.

As far as I understand, H1B is also a non-immigrant visa. So even if you change to H1B, you still need your employer to sponsor a GC for you. If they say you have to wait 3 yrs, you will have to wait even with the H1B. Do you think they will change internal procedures because you have a different visa?

Your plan of getting the H1B and change companies will require you to fill a new H1B with the new employer (some people say this is H1 transfer) and, again, you will have to convince the new employer to sponsor your GC what may take another 3 years. This depends a lot of the companies and it is not your decision on how soon you want your GC. Actually, a lot of employers will continue renewing your visa until the limit so they only sponsor in the very last moment (very convenient to the employer as the risk of losing the employee is minimum). Be aware of this if you plan to change jobs. And some companies will make you sign an agreement before sponsoring you requiring you to stay for additional X years / pay a fee.