Can somebody help me by answering this question: Is it possible to switch back to O1 (non-immigrant, if employer is willing to sponsor) from LPR (got through EB1-OR category) being inside USA. If yes, what could be the process ? Will it be possible to adjust back the status to non-immigrant in USA ?
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Switch back to non-immigrant status
- Thread starter sib_gm
- Start date
See generally 8 CFR 247 at http://ecfr.gpoaccess.gov/cgi/t/tex...2&tpl=/ecfrbrowse/Title08/8cfr247_main_02.tpl This type of change in the US is normally only done for LPR's who become Diplomats or other Government employees and persons subject to obscure treaties (and their dependents) of their native country. These are A, G, and only certain E nonimmigrants.
One other situations involves Immigrant Investors who may have to abandon CPR status and re-adjust based on a material change to their investment and ability to crerate sufficient jobs to have their conditions lifted. In their cases they basically re-adjust to a new period of conditional permanent resident and NOT to a nonimmigrant classification.
IF this is allowed under the law (and I can't find anything other than the above), you would be required to file an I-407 to abandon LPR status. http://honduras.usembassy.gov/root/pdfs/uscis/i407.pdf
My question is WHY WOULD YOU DO THIS?????? If it is to evade taxes, they would never let you become an LPR again in the future.
One other situations involves Immigrant Investors who may have to abandon CPR status and re-adjust based on a material change to their investment and ability to crerate sufficient jobs to have their conditions lifted. In their cases they basically re-adjust to a new period of conditional permanent resident and NOT to a nonimmigrant classification.
IF this is allowed under the law (and I can't find anything other than the above), you would be required to file an I-407 to abandon LPR status. http://honduras.usembassy.gov/root/pdfs/uscis/i407.pdf
My question is WHY WOULD YOU DO THIS?????? If it is to evade taxes, they would never let you become an LPR again in the future.
I do not want to evade tax, I am very much regular in tax filing. The thing is I have a valid GC (EB-1: OR), however family lost their status being more than 1 year outside US (case not strong enough for SB-1). I was hoping for F2A and already filed for I-130, however recent F2A visa date retrogression (almost 3 years) makes me nervous about its future movement. So, I was thinking if I can convince my employer to file O1 (if make sense) so that family can return to USA. I do not know whether another EB1-OR can be filed while me already having GC etc !!
I do not want to evade tax, I am very much regular in tax filing. The thing is I have a valid GC (EB-1: OR), however family lost their status being more than 1 year outside US (case not strong enough for SB-1). I was hoping for F2A and already filed for I-130, however recent F2A visa date retrogression (almost 3 years) makes me nervous about its future movement. So, I was thinking if I can convince my employer to file O1 (if make sense) so that family can return to USA. I do not know whether another EB1-OR can be filed while me already having GC etc !!
How long until you can file for naturalization? There will be SOME movement in the PD's but if you naturalize before that, you upgrade the petitions.
As an F2A petition, spouse and young children are all on one petition BUT upon natz, they become Immediate Relatives of a USC, SO, they all need individual petitions.
IF you natz before they can immigrate F2A, THEN you would file new I-130's for the kids and UPGRADE the spouse petition with an I-824 application and a copy of your natz cert. You would send everything at the same time to keep it as a family pack for processing.
You had to work very hard to get that greencard, don't give it up needlessly. If they got greencards and had enough time to lose them already and fail to get SB-1's and you already filed F2A, how much time have you got with the greencard already towards naturalization? All you need is 4 yr, 9 months and 1 day to file an N-400, if otherwise eligible. 2 1/2 yrs inside U.S. since getting LPR status and no criminal history and no long trips that break residence. Some offices are getting through N-400's in under 3 months. Which one would you go through?
Think it over.
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Thanks for your quick reply. I need to wait for almost 3 years 7 months to be eligible for naturalization. So, its a long wait. I am sure my employer will agree to file for O1 and GC back to back if that helps my family to return. Only thing I am not sure whether that will solve my problem.
I agree with you I do not want to give up GC, however if thats the only way to solve my problem I am ready to do that.
I agree with you I do not want to give up GC, however if thats the only way to solve my problem I am ready to do that.
Very sad situation. Government needs to pass immigration reform now. I solely blame the Democrats for this, because making it easier for families to reunite is a bipartisan issue, but the Democrats want to hold immigration reform hostage to legalizing 12 m illegals who will be their potential voters.
Enough is enough. They should pass immigration reform for legal immigrants, and kick out the illegals.
Seeing cases like yours makes me mad.
Good luck!
Enough is enough. They should pass immigration reform for legal immigrants, and kick out the illegals.
Seeing cases like yours makes me mad.
Good luck!
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Jackolantern
Registered Users (C)
I do not want to evade tax, I am very much regular in tax filing. The thing is I have a valid GC (EB-1: OR), however family lost their status being more than 1 year outside US (case not strong enough for SB-1).
Have they actually applied for the SB-1 and been denied? Or are you just assuming they will be denied?
This other poster got approved for the SB-1 after a 6-year absence: http://forums.immigration.com/showthread.php?314134 . How long were your family members outside the US?
Thanks everybody for your response. No, they did not apply for SB-1, however we consulted with nearest Consulate, they told me that the case is very weak. However, we lost the energy to take a chance for its process either. I guess, I am getting mentally frustrated with the whole process.
Yah, I make much more than 100K, I have a very good market value in USA even during recession and thats why my employer will try every possible way. Only thing I wanted to know the procedure to switch back to non-immigrant from immigration status, there must be a way. I am going to consult with my company attorney next week.
TheRealCanadian
Volunteer Moderator
Seeing cases like yours makes me mad.
Why? The family abandoned residence. There are plenty of immigrants who actually want to live here.
Yah, I make much more than 100K, I have a very good market value in USA even during recession and thats why my employer will try every possible way. Only thing I wanted to know the procedure to switch back to non-immigrant from immigration status, there must be a way. I am going to consult with my company attorney next week.
Doc/Prof (whatever),
There may be a way for you to get your family back without reverting to an O-1 (if SB-1 is denied). EB-1 is current for all countries, nobody is oversubscribed.
The recent Policy Memo concerning EB-5 immigrants provides the following guidance:
"Upon approval of the new Form I-526 petition, S/he may file Form I-407 with a Form I-485 adjustment application. The prior CPR status will be terminated and the new AOS application will be approved, if otherwise approvable, granting a new two year period of CPR status."
Found at: http://www.uscis.gov/USCIS/Outreach/Adjudicatingof0EB-5_121109_commentdates.pdf
With a little alteration, your employer's attorney can request re-adjustment of status for you----
Upon approval of the new Form I-140 petition, he will file Form I-407 with a Form I-485 adjustment application. The prior LPR status shall be terminated and the new AOS application should be approved, as the application is otherwise approvable, granting LPR status anew. A Form I-824 will be concurrently filed to allow USCIS to initiate Consular Processing for the applicant's derivative beneficiaries upon approval of the principal alien applicant.
Note: Dependents will also file I-407s at the same time as required for submitting their DS-230 applications with DOS (or before) in order to terminate their LPR status and obtain new Immigrant Visas. The dependents are eligible to be classified as EB-1 dependents at the time of the filing of new DS-230 applications, i.e. the dependents are the spouse or unmarried child(ren) under the age of 21 years, of the EB-1 principal alien.
Make sure nobody screws up their status again. If anyone has to be away from the U.S., get re-entry permits.
Good Luck,
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Please don't give up. You make quite some money. And there exists this creature called a lawyer which can do quite some miracles. Spend that money--Lawyers can always find loopholes in the system.
Do try the SB-1 route first. Do not give up without even trying.
Second, give up your GC. Get out of the US, restart the process. (I am assuming that your company likes you enough to sponsor you again)
Do try the SB-1 route first. Do not give up without even trying.
Second, give up your GC. Get out of the US, restart the process. (I am assuming that your company likes you enough to sponsor you again)
Jackolantern
Registered Users (C)
Thanks everybody for your response. No, they did not apply for SB-1, however we consulted with nearest Consulate, they told me that the case is very weak. However, we lost the energy to take a chance for its process either. I guess, I am getting mentally frustrated with the whole process.
Apply for it and see what happens. The SB-1 is a lot quicker and cheaper than abandoning your GC and switching to nonimmigrant status.
How long are they beyond the 1-year limit? Did they spend 13 months outside the US? Or is it more like 2 or 3 years? The less the time outside the US, the better their chances.
Thanks everybody for your inputs. My family is out of USA for about 1 year 11 month. Without me, they can't process for SB-1 either (they have to fly to another city etc etc having two school going kids). My wife was diagonsed with depression in USA and she has been treated for few years here (even with doctors in USA having my country of origin so that they understand the problem better). With very little improvement, I was frustrated and moved back to my country for better treatment and with close family association. I had the re-entry permit with a hope of returning, had always the impression that family can always return as derivative as happening so far, never realized that GC status is quite different from H1B status.
Now, with the treatment there, her improvement is very rapid, and I am very very happy with that, very much thankful to the doctor we consult and going to continue no matter where we stay. Since, the situation changes I am exploring my family to be back. For that, a detour through non-immigration status and back to GC is not a problem for me. I realized that I had a bigger problem than this and we are recovering from that. If this detour is painful, I am ready to give up my GC and return for good.
We talked to the near by cosulate (they don't process immigant visa) in details about this, they adviced that my chance of success is 0.0001% for SB-1.
Now, with the treatment there, her improvement is very rapid, and I am very very happy with that, very much thankful to the doctor we consult and going to continue no matter where we stay. Since, the situation changes I am exploring my family to be back. For that, a detour through non-immigration status and back to GC is not a problem for me. I realized that I had a bigger problem than this and we are recovering from that. If this detour is painful, I am ready to give up my GC and return for good.
We talked to the near by cosulate (they don't process immigant visa) in details about this, they adviced that my chance of success is 0.0001% for SB-1.
Jackolantern
Registered Users (C)
Still apply for the SB-1. Actual applications for visas often turn out differently (for better or worse) than the unofficial pre-application conclusion. They'll tell one person their chances are great, then they apply and get denied. They'll tell another person their chances are near zero, then they apply and get approved. And your nearby consulate doesn't process immigrant visas, so their opinion shouldn't be taken too seriously.
Other people with weaker cases than your wife's have been approved. Provide the documentation -- her medical treatment, a copy of your reentry permit (and your marriage certificate, to establish the relationship) along with a letter saying that she didn't apply for her reentry permit because you thought she could be added later as a derivative like what is done with H1B. If you've returned to the US and are working for a US employer, also provide proof of that; having a LPR or USC spouse living in the US helps with getting the SB-1 approved.
All you have to lose is a few hundred dollars if you apply for the SB-1. Whereas reverting to nonimmigrant status and redoing the GC process will be in the thousands of dollars and take a couple of years, plus lots and lots more paperwork. Why are you so determined to go the long and expensive route?
Other people with weaker cases than your wife's have been approved. Provide the documentation -- her medical treatment, a copy of your reentry permit (and your marriage certificate, to establish the relationship) along with a letter saying that she didn't apply for her reentry permit because you thought she could be added later as a derivative like what is done with H1B. If you've returned to the US and are working for a US employer, also provide proof of that; having a LPR or USC spouse living in the US helps with getting the SB-1 approved.
All you have to lose is a few hundred dollars if you apply for the SB-1. Whereas reverting to nonimmigrant status and redoing the GC process will be in the thousands of dollars and take a couple of years, plus lots and lots more paperwork. Why are you so determined to go the long and expensive route?
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TheRealCanadian
Volunteer Moderator
All you have to lose is a few hundred dollars if you apply for the SB-1. Whereas reverting to nonimmigrant status and redoing the GC process will be in the thousands of dollars and take a couple of years, plus lots and lots more paperwork. Why are you so determined to go the long and expensive route?
This is sound advice.