Greencard->H1

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raghucp

Registered Users (C)
I have green card. since it takes 4-5 years for my spouse to join me I want to apply for H1, surrender GC. For this I want to know the exact process:

1. Do I have to surrender my GC before applying for H1? or surrender GC then apply for H1.

2. If I surrender GC, get H1 what will happen to my SSN?
 
I can't see them approving your H1 when you still have a valid GC. But what you're planning to do probably has never been attempted, so I don't know how they will react.

Your SSN will stay the same if you surrender the GC, and you'll keep the credits you earned.

Did you get married before GC approval? If not, how long ago did you get the GC?
 
hi

Jackolantern said:
I can't see them approving your H1 when you still have a valid GC. But what you're planning to do probably has never been attempted, so I don't know how they will react.

Your SSN will stay the same if you surrender the GC, and you'll keep the credits you earned.

Did you get married before GC approval? If not, how long ago did you get the GC?
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I am planning to get marry this year. I got GC in May 2005.
 
Sorry there is a typo in my response, I got GC in May 2006. I can apply for citizenship in Mar 2011.
 
So you can become a citizen in mid 2011. That's not much more time than it would take to get an H1 -- you already have to wait until at least October, unless your employer will be a quota-exempt organization. And H1B visas are harder to get these days, with the enormous scrutiny they are giving to the applications, especially those involving the individual working at a client site instead of directly at the H1B employer.
 
Say if I get my citizenship by Aug 2011, then apply for fiance visa she can get fiance visa by Feb 2012. As I have a full time job with a big multinational company, I want to try H1. How much retirement benefits I will loose?
 
You won't lose any Social Security credits by changing from GC to H1. But you could lose your job trying to get your employer to pull a stunt like this.
 
Thanks for your response. My employer agreed to file H1. But I didn't understand how I will not loose retirement benefits? Please give me more details.
 
If you are living in the US legally when you reach the retirement age (67 for most people), and you worked enough to accumulate the 40 quarters of credits, you can collect Social Security regardless of whether you are on H1, GC, or citizenship. Doesn't matter if you left the US for years and then came back.

Even if you are living outside the US in retirement, you may be able to collect Social Security depending on what your country of citizenship is. See http://www.socialsecurity.gov/pubs/10137.html

Now if you are talking about employer-provided retirement benefits, that's between you and your employer to sort out.
 
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In my case, I am planning to leave US permanently after 5 years. By the time I leave US if I am a US citizen, I am eligible to get social security retirement benefits wherever I am. If I am on H1 visa by the time I leave US, I am not eligible to get social security retirement benefits even if I earned 40 credits.
 
raghucp said:
In my case, I am planning to leave US permanently after 5 years. By the time I leave US if I am a US citizen, I am eligible to get social security retirement benefits wherever I am. If I am on H1 visa by the time I leave US, I am not eligible to get social security retirement benefits even if I earned 40 credits.
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Are you saying your country of citizenship is not included in the above list of those that are eligible to collect Social Security after leaving the US? Did you read the list of countries in the link I provided?

Regardless of your country, you don't lose the SS credits because of surrendering the GC or leaving the US. If you eventually live in the US again after retirement age, or change citizenship to a country that's on the list of those who can collect when outside the US, you'll be able to collect it based on those credits you earned long ago.
 
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Jackolantern said:
Are you saying your country of citizenship is not included in the above list of those that are eligible to collect Social Security after leaving the US? Did you read the list of countries in the link I provided?

Regardless of your country, you don't lose the SS credits because of surrendering the GC or leaving the US. If you eventually live in the US again after retirement age, or change citizenship to a country that's on the list of those who can collect when outside the US, you'll be able to collect it based on those credits you earned long ago.
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I am from India. I can't see the URL u mentioned, please send the URL again. I was under the impression that if somebody(not a US citizen) earns 40 credits in US and leaves US, he is not eligible to get SS benefits.
 
Did you already use up your 6 years of H1 status before obtaining the GC? If yes, I don't think you can change to H1 status again without first spending a year outside the US to reset the 6-year clock. And even if you didn't use up the full 6 years, the length of H1 status will be limited by whatever is remaining to finish the 6 years.
 
I used just few months of H1. From SS link you provided, I didn't understand if I am eligible for SS benefits as I am a citizen of India.
 
What about your time in L1 status? Time in L1 status also counts towards the 6-year maximum for H1.

From SS link you provided, I didn't understand if I am eligible for SS benefits as I am a citizen of India.
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Search for India in the first link, and see the second link.
 
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raghucp said:
In my case, I am planning to leave US permanently after 5 years.
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So you are planning to have your spouse with H4 status unable to work legally for 5 years? Instead of applying for citizenship and filing for the GC so work would be allowed in late 2011/early 2012?

How about some other solutions, like paying for your spouse to study in Canada, so you can visit often while waiting through the citizenship and GC processes?
 
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On H1 and L1 together I spent only few months then got GC through LC substitution.

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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