Thinking of cancelling GC getting back on H1 - marriage issues

A

ashishagru

New Member
Hello All,

I'll appreciate your advice on something that I am struggling with:

My situation in brief: Did BE from India. MS from US and then started with a consulting firm in Chicago. Got my GC much in advance than I was expecting. Around the same time, my firm started operations in India. I decided to work in India for some time on re-entry permit. Now after 1.5 years, I am thinking of shifting back to our US office. I am also planning to marry a girl in India. She has done a MBA in India. My fiancée is enthusiastic about taking up a course in US, but it does not look likely that she will be able to get an admission while in India. As I see, some options that I have in front of me:

1] Cancel my GC and get back on H. Take wife along on H4 - not sure if 1] I will qualify for a H. My employer is ready to sponsor a H 2] If this will have any long term implications if I apply for a GC again in future
2] Wait for wife to get her F1 from India
3] Go back to US and apply for wife's GC. Wife waits in India - very undesirable


Will appreciate your comments based on similar situations that you would have seen.

Thanks in advance,
Ashish.
 
1. It is not advisable to cancel your GC.
2. Other option is to cancel your GC, ask your company to apply for L1A (intra company manager transfer). Your wife can get L2 (and EAD).
3. You can apply for I140/I485 on day 1 of entering the country, since L1A does not need labor. You and your wife should get GC within a year (or sooner).

Assumption:
1. you are still working for the same US employer's India operation as an Indian employee (not as US employee working in India)
2. Your current designation is manager (or above). L1A need to work in US as a manager (this might not a very strict requirement)
 
ashishagru said:
Hello All,

I'll appreciate your advice on something that I am struggling with:

My situation in brief: Did BE from India. MS from US and then started with a consulting firm in Chicago. Got my GC much in advance than I was expecting. Around the same time, my firm started operations in India. I decided to work in India for some time on re-entry permit. Now after 1.5 years, I am thinking of shifting back to our US office. I am also planning to marry a girl in India. She has done a MBA in India. My fiancée is enthusiastic about taking up a course in US, but it does not look likely that she will be able to get an admission while in India.
---------------- she can get F1 (dont get married till she gets F1)
1] Cancel my GC and get back on H. Take wife along on H4 - not sure if 1] I will qualify for a H. My employer is ready to sponsor a H 2] If this will have any long term implications if I apply for a GC again in future
2] Wait for wife to get her F1 from India
----------------YES
3] Go back to US and apply for wife's GC.
----------- Very long wait and she will not get F1 visa

** she has an MBA if you can find US employer for her then she can get H1 visa and can come to US on H1

Wife waits in India - very undesirable




Ashish.
Click to expand...
 
Other options
1. Your wife can qualify for her own H1 visa. H is dual intent visa and does not disqualify for specifying that husband is a GC holder and risk visa rejection.
2. Before marriage, get F1 visa, come to US and get married after a few months. This is sort of risky. She cannot specify you as a sponsor.
 
Is it legally possible to relinquish a green card, get back on H1-B and then re-apply for permenant residency? Wouldn't this require you to leave the USA since you would be out-of-status?
 
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