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  1. #1
    Join Date
    Dec 2012
    Posts
    1

    Default Changing Employment on H1b During Pending Marriage-Based Green Card Application

    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!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Changing Employment on H1b During Pending Marriage-Based Green Card Application

    A H1B visa is a dual intent visa, meaning you can petition for permanent residency without putting your H1B in jeopardy. If you do not quit your job, you will remain in H1B status while your petition remains pending. As long as you remain in H1B status, you can transfer your H1B after the filing of the I-130/I-1485.

    Once you switch from H1B status to pending AOS based upon the marriage and petition to adjust your status, you should not engage in international travel. (If that's going to be an issue, ask a follow-up question and we can discuss possible options.)

    Logistically speaking, you'll save yourself some paperwork if you file the I-130 after the H1B transfer, but if timing is an issue I don't see it as a big deal.

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