Going from H1B to GC while on W2 Hourly


Recommended Posts

I am an IT consultant living in Canada and working in the US under the visa category of TN.  Sometime back, the company I’ve been contracting for extended an invitation to hire me full time with the expectation of sponsoring me a Green Card eventually.  I just found out that my application for H1B got approved in the lottery system and I can assume full time position with the company in October.  Since my situation is a little unique than most other H1B to GC applicants, I have some questions that I am hoping to some answers from this group.


Although I am joining full time , I have told the company I would like to stick to hourly, which means I’d be going under W2 Hourly.   This means, as long as the company has me on a project, I’ll be getting paid the hourly rate.  If at all there is a bench time, I’ll stay back in Canada and not travel.   I’ve been reading some conflicting information on applying for GC while the applicant is on W2 Hourly in some of the forums.  Can someone confirm this is allowed ? Like I said, if there is any bench time, it’s easier for me to stay back in Canada as I’ll be travelling back and forth weekly.  During those short periods of the GC approval process where you are required to stay in the US, I will likely rent a serviced apartment and stay back.   Thank you so much in advance for taking the time to respond. 

Link to comment

The "not getting paid on bench" stuff is likely going to be a problem. That puts into question the company's ability to pay you.

For a GC, the job has to be full time. With you going out of the country on bench and not getting paid, it obviously isn't a fulltime position.

Link to comment


This topic is now archived and is closed to further replies.