Dealing with employer about H1B extension and marriage based green card

[Supercharged 0]

Hello everyone!!

I am here on a H1B visa, which will expire in Aug 2013. I married a US citizen last month and just sent my AOS forms last week.

I may or may not get my green card before the H1B expires so I would prefer to play it safe and extend my H1B.

My employer is preparing to extend my H1B now. Should I tell them that I got married to a US citizen? And filed my AOS? My only concern is that the company will not extend my H1B and ask me to just wait for my green card.

Any thoughts or comments?

Thanks!

[ppihtr123 68]

You should be fine with AOS given you applied for EAD. Work just needs the EAD and those are issued within 90 days of USCIS getting your AOS and are good for one year. You will be through and have your GC before 1 year given you don't have any issues to overcome.

[jkb11 26]

The very positive side of playing it safe and applying for H1B extension is that in case of AOS denial, you will not be left out of status. When you're out of status, you cannot apply for another non-immigrant status/extension. So, basically, you file for AOS, your H1B expires and then your AOS gets denied, you cannot continue employment under H1B and have to leave the USA (unless of course you decide to reopen/refile your AOS, in which case you need to wait for EAD again to continue employment).

Cheers

[milimelo 4,563]

Moving to AOS from work, tourist, student visa - OP is here on H1B.

[Morningmist 76]

yeah I am on the same boat. I let my boss know and he hasn't let the company and HR know that I applied my green card via marriage. My H1B expires on December 1st and my PERM is pending. Some of my friends did say that it would have been better to apply for AOS after I get an extension. Or to stay married for 2 years and then just apply for GC because then you wont jeopardize your status. I sent my package last month and I have biometrics on tuesday. I would ask the company to extend your H1 if you already have I-140 approved. If you are from a country where the waiting period is 2 years for employment based Green card I would just do that and wait really. Green card received via employment is permanent unlike the marriage based one of just 2 years conditional and then later you need to apply the I-751.

[Morningmist 76]

In the end, some of my friends didn't let their company know. It's really none of their business. The company would however rather see that you don't have any disruptions in employment because that costs money. If your extension fails and by then you have your EAD let them know. But if your extension succeeds then I wouldn't bother. Also on H1 you don't need advance parole to leave country. You can come and go as you please.