Got green card, but want to use H1B to re-enter U.S

G

Gene Lee

New Member
My H1B vista is still valid until May 2010 and I just received my Green Card several days ago.

I will be traveling oversea. I want to use my H1B vista to re-enter U.S. instead of using my Green Card. The reason is that I want the H1B stamp instead of any permanent resident stamp on my passport.

- Will there be any problem if I only show my H1B vista and not my GC? Has anyone try that?
- How well connected is the USCIS system? Will the officer know I have green card and use the permanent resident stamp anyway?

Thanks.
 
Gene Lee said:
I want to use my H1B vista to re-enter U.S. instead of using my Green Card. The reason is that I want the H1B stamp instead of any permanent resident stamp on my passport.
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Why?

Will there be any problem if I only show my H1B vista and not my GC? Has anyone try that?
Click to expand...

In the worst case, entering the US as a non-immigrant after getting the GC can be deemed as abandonment of permanent residency.

How well connected is the USCIS system? Will the officer know I have green card and use the permanent resident stamp anyway?
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Of course they're connected. DHS aren't morons.
 
Your H1B became invalid when they approved your green card.

If your GC was approved recently and you had not received the card yet, you probably could still use the H1B to reenter the US. But they will record your entry in the system as being in permanent resident status, and if they stamp the passport it will be a stamp that represents your PR status (usually "ARC").

They should take away the green card for having such a stupid and fraudulent idea -- wanting to falsely present yourself as an H1B visa holder, presumably to obtain or maintain an immigration benefit such as H4 for a spouse.
 
Last edited by a moderator:
Gene Lee said:
Will there be any problem if I only show my H1B vista and not my GC? Has anyone try that?
Frank immigration fraud.
- How well connected is the USCIS system? Will the officer know I have green card and use the permanent resident stamp anyway?
Yes and even if you have no idea that your GC is already approve, they will be happily tilling you the change in your status.
Thanks.
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Hiding your immigrant status and behaving as non immigrant at POE, employment, tax filling is a genuine reason to revoke your card.
 
I want to use my H1B vista to re-enter U.S. instead of using my Green Card. The reason is that I want the H1B stamp instead of any permanent resident stamp on my passport.
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I have no idea why you want to do this... It is not going to save you taxes.
Passport can be renewed anytime, i.g. if you lost it.
You have an interesting idea, but I don't see benefits other than possible troublesome outcomes.
 
Jackolantern said:
Your H1B became invalid when they approved your green card.

If your GC was approved recently and you had not received the card yet, you probably could still use the H1B to reenter the US. But they will record your entry in the system as being in permanent resident status, and if they stamp the passport it will be a stamp that represents your PR status (usually "ARC").

They should take away the green card for having such a stupid and fraudulent idea -- wanting to falsely present yourself as an H1B visa holder, presumably to obtain or maintain an immigration benefit such as H4 for a spouse.
Click to expand...
I think Jackolantern is spot on
 
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