New H1-B for a GreenCard Holder

Apply for H1 but dont surrender the GC

Just thinking. What happens if you apply for H1 and bring your wife in on H4, while you hang on to your GC all the while. Doesnt sound right to me, but just thinking ....
 
brokenarrow said:
Just thinking. What happens if you apply for H1 and bring your wife in on H4, while you hang on to your GC all the while. Doesnt sound right to me, but just thinking ....

GC holder will not get H1 visa. It's unlikely USCIS will approved his I-129 petition.
 
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Start a company and sponsor her on h1/b1

Being GC Holder, you can start a new company. Start a new company then sponsor her on H1 or B1. When she comes on H1 then you can get her H1 transfered to another company and she can continue to work.
 
sunny27 said:
Being GC Holder, you can start a new company. Start a new company then sponsor her on H1 or B1. When she comes on H1 then you can get her H1 transfered to another company and she can continue to work.

H1 requires eligiblity of both H1 sponsoring company and beneficiary - e.g. financial ability, degree/qualification, validity of job position and non-availability of American worker.
 
Why in the world do you want to give up your GC while there are other alternative to bring your fiance in to US? :confused:

Don't pick a short cut that will make you regret at the end...

F1 visa is the best option. :cool:
 
tsar said:
Why in the world do you want to give up your GC while there are other alternative to bring your fiance in to US? :confused:

Don't pick a short cut that will make you regret at the end...

F1 visa is the best option. :cool:
The other option is for your wife to immigrate to Canada, I hear it is pretty easy and quick. That way you can be closer (you can travel over every weekend if you please), then in 2 years she can can canadian citizenship and she can come to US without a visa.
Just an option, and the experts can opinionate on its viability.
 
ma21 said:
The other option is for your wife to immigrate to Canada, I hear it is pretty easy and quick. That way you can be closer (you can travel over every weekend if you please), then in 2 years she can can canadian citizenship and she can come to US without a visa.
Just an option, and the experts can opinionate on its viability.

In addition, Canadians and Mexicans can live in Canada/Mexico and still keep US green card with commuter status (for example, working in Detroit, MI but living across the river - Windsor). But I am not sure whether other nationals can do the same and how. Check out following document.

http://www.lanepowell.com/pubs/pdf/bc_2002_0005.pdf
 
Why give up your GC status. She can come here on F1 visa - just needs to write her TOEFL exam and does not need GRE or GMAT and get admission in any course here. Moreover, if you get married to her soon she arrives in the US, she does not need to maintain her status as F and can apply for GC - she should be able to get her EAD card and can work/study, whatever she wants too.

this is what i think...

Good luck..
 
meenakshi1 said:
Moreover, if you get married to her soon she arrives in the US, she does not need to maintain her status as F and can apply for GC - she should be able to get her EAD card and can work/study, whatever she wants too.

First of all, if she gets married to a LPR, it will be almost impossible for her to get F1 visa.
Secondly, she won't be able to file her I-485 in FB category for long time (5+ years). So, arriving USA on F1 and then applying for GC immediately out of question.
 
How long have you had your GC for? You may be eligible to file for citizenship. Depending on where you are, this may be a relatively fast process. You can then apply for a fiance visa for her.
 
Any possiblity of getting my fiancee on B2(visior) after I get married to her?
Will this work, or will the consulate reject the visa saying she has definite immigration intent?

Thanks
 
Another related question I've is:
If a GC holder stays outside US for more than 1 year, but with the re-entry
permit obtained, but later wishes to abandon the GC and come back to US on H1, will the 6-year H1 cap get reset?

Thanks
 
v_wind said:
Another related question I've is:
If a GC holder stays outside US for more than 1 year, but with the re-entry
permit obtained, but later wishes to abandon the GC and come back to US on H1, will the 6-year H1 cap get reset?

Thanks
You are getting into unnecessary complications. Just ask her to come here on F-1 for studies. Wait for a few months, get married and start her GC application. She does not need to mention that she is your fiancee at any time during the F1 application. The idea is to make sure she comes to the US to study. No law is being violated here, so don't worry.Non engineering background is no problem at all.
 
The problem with trying the F1-path to your spouse is, it's so time consuming and yet at the end of the day there's no guarantee that it will succeed (some nut in the Consulate may just reject the visa)!
I mean look at the availability of interviews at Chennai consulate. It takes min 5-6 months to get an appointment. Has any body done this in a shorter time?
Plz. help.
 
I guess getting an admission into a Univ/College is not dificult if one is willing
to caugh up so much money! But getting an F1 approval is the real gamble.
Any suggestions on this?
 
v_wind said:
I guess getting an admission into a Univ/College is not dificult if one is willing
to caugh up so much money! But getting an F1 approval is the real gamble.
Any suggestions on this?

Actually, it is now relatively easy to get F1 visa because the number of international students coming to U.S. has decreased considerably over the years. U.S. universities especially masters' programs need international students desparately and USCIS was aware of this fact.
 
Studious said:
Actually, it is now relatively easy to get F1 visa because the number of international students coming to U.S. has decreased considerably over the years. U.S. universities especially masters' programs need international students desparately and USCIS was aware of this fact.

The number of intenationl students in US schools has come down drastically not because it is "relatively easy to get F1 visa" nowadays, but it's difficult to get F1 nowadays. Background check, security check, delay in interviews cause delay significantly. Students still want to come USA for study but all these delays make them looking somewhere else.
 
JoeF said:
First of, she has to be accepted by a universtiy. Second, she has to get an F1 visa. That by itself is quite hard for a lot of people nowadays (after 9/11), and even harder for single young women. The consular officers want to see strong evidence that she will return after finishing studies.
Third, while being a fiancee of somebody in the US doesn't need to be disclosed, it is really hard to keep that under wraps in the interview. The officers are trained to ask questions in a way that such seemingly hidden things come out. Also, not having a fiance or spouse in the home country to come back to is yet another sign that the connections to the home country may be weak.
In short, it would be a gamble. If it fails, the door would really be closed.

Getting accepted by a univ. is no problem at all, there are 1000's of univs. to apply to. Getting an F1 visa is as easy as it was before. I have spoken to several sucessful and unsucessful applicants, absolutely nothing has changed since 9/11 except perceptions. Counslar officials want to see strong evidence that you will return to the home country! ha ha ha! The US ambassador to india recently told that indian students are welcome to study in the US with a long term intent to settle down in the US.
I don't think joef has ever applied for a student visa. None of the girl students here, I talked to were ever asked the question of where their fiancee was located. In fact most of them did not even have a fiancee. Also consider the fact that more than 70% of students don't return immediately.
Overall the best chance is an F-1 visa, next the H1 ( thats tough ) and only after that think of giving up the GC.
 
pralay said:
The number of intenationl students in US schools has come down drastically not because it is "relatively easy to get F1 visa" nowadays, but it's difficult to get F1 nowadays. Background check, security check, delay in interviews cause delay significantly. Students still want to come USA for study but all these delays make them looking somewhere else.
The number of international students in US schools has decreased over the years not because it is difficult to get F1 now a days for the reasons you stated, but due to the fact that it has become extremely difficult for the international students to obtain H1B sponsorship or full-time employment from American companies even with a U.S. master's degree.

Unlike a few years ago, where American companies were hiring international students on-campus in the universities itself, a student even with a U.S. master's degree have to join Indian Consulting Companies invariably, like the people coming from India to U.S. on H1B with a bachelor's degree from an Indian university. The most funny part is that these consultants (formerly, the so-called international students) don't even put their U.S. master degree on their resume while applying for small projects with American companies.
So, why should students come to U.S. for higher studies when the U.S. degrees do not help them obtain a H1B sponsorship from an American company nor they would help them get a job as a consultant? Now the students in India and other countries knew that it is better to enter U.S. on an H1B as a consultant rather than as a student in pursuit of higher U.S. degrees. They knew that a higher U.S. degree is a mere waste of time, money, and effort.

International students would not mind going through additional background and security checks, interview delays if an American degree would increase their chances of H1B sponsorship or full-time employment from American companies and help them avoid working as a consultant for Indian companies.

For the above reason, there has been substantial decrease in the number of students appearing for TOEFL, GRE and GMAT. I have come to U.S. on F1 visa prior to 9/11 and there were many universities that were giving scholarships (full or partial) to international students. Now, I hardly see a university giving scholarship to international students, and major reasons for this being the decrease in the amount of funding from American companies and the decrease in the number of international students. Also, I have seen students coming to U.S. recently with relatively less TOEFL, GRE and GMAT scores than before.

I believe that getting an F1 visa is relatively easy than before for the stated reasons.
 
JoeF said:
Huh? where did you get that from? Can't be all that difficult when the H1 quota is already filled...
I don't have to get it from google. I said it from my personal experience and personal experience of many students. Yes the quota is already filled but most of it is consumed by Indian Software Consulting companies.

JoeF said:
Anybody who thinks that is mistaken. An advanced degree opens much more doors.
That is a fact. An advanced degree closes the doors for a recently graduated software guy. Ask software consultants on this board. How many consultants put their Bachelor's or Master's degrees on their resume while applying for jobs.

JoeF said:
No, I haven't. I came here on H1.
I bet. :rolleyes:

v_wind,

As someone who entered U.S. on F1 visa, I am telling you getting F1 visa is not tough at all. You can surely consider it as an option to bring your fiancee.
 
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