Greencard->H1

raghucp said:
From the link you provided I understood that I will not receive benefits if I am a citizen of Inida, earned 40 credits and not living in US. Am I right?
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No. It says "Your payments will continue even if you have been outside the U.S. for more than six full calendar months, if you are a citizen of one of the countries listed below, and the worker on whose record your benefits are based lived in the U.S. for at least 10 years or earned at least 40 credits under the U.S. Social Security system. If you are receiving benefits as a dependent or survivor, there are additional requirements you have to meet."

http://www.socialsecurity.gov/international/countrylist4.htm
 
Jackolantern said:
No. It says "Your payments will continue even if you have been outside the U.S. for more than six full calendar months, if you are a citizen of one of the countries listed below, and the worker on whose record your benefits are based lived in the U.S. for at least 10 years or earned at least 40 credits under the U.S. Social Security system. If you are receiving benefits as a dependent or survivor, there are additional requirements you have to meet."



That is really good news. Thank a lot for your quick response. Your knowledge is pretty good.
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Where I can get more information on, whether I have to surrender my GC before applying for H1? or after H1 is approved?
 
I am not even sure if you can do it inside the USA. For sure, you can go to Canada, surrender your GC at the US consulate and immediately apply for H1B. Then, be prepared to wait up to several months depending on how long the background check will take. How sure are you that your H1B will be approved these days?
 
raghucp said:
Where I can get more information on, whether I have to surrender my GC before applying for H1? or after H1 is approved?
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What you are planning is never done. I don't think you'll find any information other than actually applying and seeing what happens.

Something like this is so weird that it is bound to trigger a ton of RFE's. If I were USCIS I would definitely suspect some kind of fraud, probably identity theft where somebody posing as you is trying to obtain an H1B visa. Or maybe the company is planning to sell the visa, because it's not in the company's rational interest to file an H1B for you when you can already work for them with the green card. And your stated reason of wanting to bring a spouse on H4 won't be easily believed, because you are barely over a year away from citizenship.

A more workable solution would be to surrender the GC, work for the company overseas for a year to meet the L1 requirement, then return with an L1 visa and L2 for your spouse. That looks less suspicious, as they'll see that you gave up the GC because of working outside the US for an extended time.
 
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