giving up GC - can I get an H1B later?


Registered Users (C)
Besides that, another reason for wanting to return on an H1B is that I might marry a non US citizen in the meantime, and if I return as a LPR my wife won't be able to join me here on H1B or F1, or even visit, and it would be another 4 years unitil citizenship; but I thought I can easily bring her in on an H4, and then apply again for an EB GC right away.

I have heard of stories where husband and wife live in different countries because one has a GC and the other can't join immediately due to immigration restrictions.
I have also heard of some people waiting for 5 years to become a US citizen before they marry.
And then there are some GC holders who get married, but still apply for a F1 and subvert the system.

If you are going to marry a non US citizen, that should make it easy for you to decide to give up the GC, irrespective of if you can re-apply for a H1.

But if you marry a non US citizen who already has a valid visa to the US, you won't have any issues setting up your family. Then you ought to consider the re-entry permits and staying in the US for more than 6 months a year etc.

I have seen a lot of doctors married to other doctors. If you are going to be married to a doctor also, and if she wants to continue practice in the US, she could apply for her own H1??


Registered Users (C)
Actually regarding unfair seperation of spouses of GC holders. There are still ways around the issue and many people find those routes.

First - before you marry sb - the person can apply for a tourist visa or F-1 visa. Then go to the US and marry there. Well - you do have immigrant intent when you apply for F-1 but who cares - you do not have to disclose this fact. The issue is that once you marry and you are in the US - it is generally better not to travel but then again I know people who traveled and they were still let back into the US. Again this strategy is used by people who are not the "angel" types. The "angel" types tend not to apply for F-1 and as a result stay seperated and possibly divorced.

Second - you can get the spouse an H1B or L1 if the spouse qualifies. The spouse may even work for your company. The trick is to get the spouse to interview before marriage ideally because the spouse will fly in for interviews on a non immigrant visa.

Also please note that once you get citizenship - even if the spouse is an overstay and subject to many bars - the spouse can still adjust to GC while in the US. Obviously this law like many others can be changed.

And you can yourself be an "angel" and just give up GC and apply for H1B. Then congress can easily change rules for H1B holders and it is a much worse status to have if you want to live in the US. In fact congress can change rules even for GC holders - that is why it is better to apply for citizenship.

Then on the other hand the US will face huge competition from many countries across the globe and people make money not only in the US but in many other places. The US currently looses lots of qualified immigrants with the current climate and policies - so it could get harder for the US to stay competitive in the global place. So ultimately it is up to everyone to make a decision if the US is the right place to be right now. I think however there is still some value in US citizenship because if push comes to shove you can come back here and live in the US.

This advice can be bogus. I am not an attorney. Use this advice at your own risk.


Registered Users (C)
namedue, thanks a million
how about this scenario? I stay out for less than six months, then come back stay for 3-4 months, then again < 6 mo out, 3-4 mo in. this way I might not have > 6 mo a year for citizenship but could I maintain my GC this way, and then, if I decide later, retrun to stay long term?
thanks again!