New H1-B for a GreenCard Holder

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v_wind

Registered Users (C)
Hi,

I'm a GreenCard holder and wish to give up my greencard and get back into
HI-B for marriage purpose. Has anybody done this and have any info as to
how to go about doing this? Specifically, does anyone knows how a greecard
holder can obtain an H1-Visa (and then give up his greencard)?
Are there any USCIS rules that need to be followed when a GreenCard holder
applies for a H1-B?
I appreciate any information from anyone egarding this.
Thanks
 
v_wind said:
Hi,

I'm a GreenCard holder and wish to give up my greencard and get back into
HI-B for marriage purpose. Has anybody done this and have any info as to
how to go about doing this? Specifically, does anyone knows how a greecard
holder can obtain an H1-Visa (and then give up his greencard)?
Are there any USCIS rules that need to be followed when a GreenCard holder
applies for a H1-B?
I appreciate any information from anyone egarding this.
Thanks
Click to expand...

When you have GC ....Why you want to get H1?? You can work freely and I guess marry anybody on GC as well. Any other reason??
 
I've to give up my GC bcoz my fiancee doesn't have a GC, nor can she come
on her own to USA. I dont want to wait 3 yrs for my spouse to get a
family/spouse GC.
 
Last edited by a moderator:
Thanks JoeF! I'm trying to find out ways of obtaining the H1-B approval before
giving up the GreenCard for logistical reasons. That way I dont have to be
away from my work place for a long time (my company cannot afford my
absense for long).

According to one opinion, USCIS laws dont forbid a person from applying for a
H1- B even if he/she has a GC (it's like having multiple H1-B's applied at the
same time, but eventually settling with one).

Has anyone done this before? pl. respond.

JoeF said:
You would need to file form I-407 to abandon the GC. Here is a link from the consulate in the UK about the procedures: http://www.usembassy.org.uk/dhs/uscis/abandon.html

You can then apply for an H1 just like anybody else.
There have been posts about this here before, with the same reasoning as yours: it takes 5+ years for a spouse of a PR to get a GC.
Click to expand...
 
Last edited by a moderator:
JoeF said:
Hmm, your employer probably could apply for an H1, but you risk it being denied because the examiner will look at your file and notice that you are a Permanent Resident...
Well, yeah, applying is probably possible, but I think the risk of denial is pretty big if the file doesn't show that you have abandoned the GC.
Click to expand...


Thanks! My company attroney says we can try doing it in 2 ways:
(1) Dont mention in the H1-B petition that I'm an LPR. leave the current status
as blank (but I'm advised to be away from US while my H1 is filed).
(2) Mention the intent to give up the GC upon approval of the H1-B.

It would be of great help if anyone who has gone thro' this has any information.

Thanks
 
Immidiate family members are proposed exempted from cap

Surprised to see that you are ready to sacrifice your gc. I know you are in a tight situation. People are spending anywhare between 1-10 years to get that precious card. Ofcourse thre precious is perspective and subjective.

The new immigration reform which is being proposed contains a clause to exempt immidiate family members from being counted from yearly quota of family based green cards reducing wait times dramatically. If the reform sees light and gets enacted, guys like you could be benefitted immensely.
But the thing is how long it it going to take and whether it really gets through soon is a million dollor (may be a billion dollor for you) question.

You can try waiting for this how it goes form here. This depends on how long you can get on without your fiance.

I hope the reform gets approved in congress and enacted soon to end sufferings like yours.

v_wind said:
Thanks! My company attroney says we can try doing it in 2 ways:
(1) Dont mention in the H1-B petition that I'm an LPR. leave the current status
as blank (but I'm advised to be away from US while my H1 is filed).
(2) Mention the intent to give up the GC upon approval of the H1-B.

It would be of great help if anyone who has gone thro' this has any information.

Thanks
Click to expand...
 
Bring her here as a student (especially if she is not married to you) and maintain her status till she gets her own H1 or you get your citizenship.
 
The question is how easy it is to get an F1 visa for ur fiancee if she is form a
non-engineering background and how long to wait to get an F1 visa?

Thanks
 
Fiancee is not a "relative" so test for non-immigrant intent is not violated. If she has her GRE and Toefl scores she can be in the US by end of August but she will need to move fast as most schools are closing up international student admission. She could even come here for a 4th year course in her area of specialization (Business?)
 
I really appreciate your sacrifice for your fiancee. She must be very lucky.

But remember one thing, Getting a GC is not a very easy thing in US.

You should give more importance to your green card than your current employer. Forget about whether your company can afford your absence. Your GC is more important than your current employer. You can find a better job later.

Think about the following and how feasible it is to follow:

1. Go to India.
2. Get married.
3. Come back to US.
4. Apply GC for your wife.
5. Apply for a reentry permit (to stay outside US for 2 years).
6. Quit your current job
7. Stay in India for 2 years (I think this is the maximum period an LPR can stay outside US with a reentry permit).
8. Come back to US before end of two years period (you may have to be away from your wife for one year)
9. When she gets her GC, she can join you soon.
10. Probably, during that one year separation, you can arrange a tourist visa( 3 months if not 6 months) for your wife, she can join you and extend her visa again for another 3 months if I-94 was given only for 3 months). This way, you too will be separated only for 6 months. Six months separation is affordable for you when you think of how precious a green card is.

Don't take any hasty decision. Tell us about your fiancee's background, there may be ways to come here as a student even if she doesn't have an engineering background.

Just my thought....
 
Agree with most part of Apollo_13 but this is more personal guidance than legal guidance. You know your situation the best. If I were you, I would only consider giving up GC and going back to H1B unless I hve tried every other option to get her in US.

1. F1 Student Visa is the best visa. She does not have to be engineering background to get to US. Get her into any college any where in US where ever the admission is easiest. IF she gets the visa, she can change to any college aftere completing 1 semester. If you get her in Bachelors to my knowledge she will just have to give TOEFL. Even if she has done Bchelors in India, you can get her here for Bchelors in any other field. She will get lot of credit hours for her current Bachelors and she will be able to get another Bachelors in year or two at the most. Or GRE or GMAT and get her in Masters.

2. If that for some reason is not practical, try Visitor visa. If she gets it, she can be here for almost 6 months on a stretch, go back for some time and try to come back till hopefully the new law gets enacted and wait time reduces.

Thanks,

Khush
 
I agree with Khush,
Student visa makes sense, and she does not have to be from an engineering background. Once she gets admitted, and granted the F1 visa, she needs to come over to the USA. Then, you can start the GC process for her. I would work through an attorney, probably through the same that worked for my case, to keep consistency.
I would start working on it right now, as time is running out.
Good luck,
 
I know a friend of mine in the same situation. His fiance (non-engineering background ) got her F1 visa without any issue.

good luck
 
Are you engaged to her/ If not then she does not have to state anything about you on the form while applying for F-1. She can apply as a regular student, let her be here for few months and then you guys can marry. If you are engaged then there might be an issue. My 2 cents.
 
Let me give you a piece of advice that you are not going to follow or listen.

In US, the failure rate of marriage is 53% which is worse than flipping a coin or gambling in a casino.


In the world we are in, there is only one thing that you can depend on: yourself. Marriage, love, wife, husband are all nothing more than illusions.

Let me put it this way. Once she comes here, most likely she would marry somebody who can give her a GC. Don't sacrifice your future for neither of the following:
Marriage
love
women
men
wife
husband.
 
Another related question for the experts...
If a person was to follow this route....of applying for new H1B after giving up GC.
Prior to getting GC, if a person has used up 6 years of H1B will he/she get new H1B???
 
harvydonald said:
Prior to getting GC, if a person has used up 6 years of H1B will he/she get new H1B???
Click to expand...
The person applies for a H1, is obviously to be treated as new H1.
(If CIS considers the application and if having eligibilty,ofcourse).
But When consdering this (new) H1 application,obviously the earlier duration of stay (on H1) will be checked and will be found ineligible for grant as the
6 yr. limit is over and if gap of 1 yr. out of US is not met.(Irrespective of
whether the candidate abandoned GC/citizen ship and so on,which CIS may
scrutinize next) .
Any other way?
 
vWind:

Sorry to hear about your situation.

I think you should try the F-1 route for her. In your case; since both of you are not related yet (via marriage), I do not see how it would pose a problem for her F-1 visa. Try obtaining a F-1 visa for her as a bonafide Intl student and then get married in India. With talk about a proposed bill which would not count family members against visa numbers, your situation can be remedied if it passes.
 
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