Could permanent resident get an H1?

[MOCKBA]

Hello,

I am a permanent resident but in order to get derivative status for my family would like to go on H-1 status for sometime. Is it possible?

My employer is willing to sponsor me for H even though I don't need it to stay or work in US. Our lawyer got confused when approached with such a strange request, but as far as I could find nothing in the law prohibits permanent residents to get H status. Am I wrong?

 

[MonkMonk]

PR to H Visa

http://www.bcis.gov/graphics/formsfee/forms/files/i-129.pdf

Gives you all possiblities of being able to apply for a H1. From a quick glance, I do not see a place how you could fit in, I may be wrong please read up.

 

[MOCKBA]

I don't see why not, namely I don't see why I cannot be classified as an alien

 

[jaxen]

you have to give up GC in order to convert to H or any non immigrant visa. GC is an immigrant visa.

 

[MOCKBA]

Is this because having PR status contradict with INA: ACT 101 provisions for "having a residence in a foreign country which he has no intention of abandoning"?

If this is the case, is it theoreticly possible to establish dual residency or "6 months in a year" rule would apply?

 

[jaxen]

forget theoritically, how are you going to do it practically. options are limited.