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H1b I-94 expiration and green card outside of work

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  • H1b I-94 expiration and green card outside of work

    hi,
    I was wondering what the protocol is if my H1b I-94 with my current employer is set to expire at the end of June but I've already filed change of status through my wife who's a USC end of March.

    They tried to go through the sponsorship process and dropped the ball mostly due to an incompetent HR person who has since left. I advised them at that point that I'll be filing under my fiance instead.

    I have already received my I-797c but waiting for my biometrics appointment letter (and work permite, travel docs). Do I have to keep my employer updated on this?

    I've heard that the new work permit i filed for under my change of status should be there within 2 months after filing which is right at the I-94 expiration.

  • #2
    Once you receive your EAD (work permit) based on the pending adjustment of status application based on marriage to U.S. citizen, you don't need H-1 visa status and continue to work. You will have to fill new I-9 form with your employer at that time.

    If there is any gap between your H-1 I-94 expiration and the time you get EAD, you can legally stay in the U.S. based on pending I-485, but you can't work.
    Immihelp Support
    No legal advice. Use at your own risk.

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