want to settle after gc approval

G

gcwin

Registered Users (C)
hey gurus.
my case is specific. I want to settle at India. My GC is filed in Jan'02. Company offering me a good position in India. I want to go there in that position. Probably I go, after approving my GC. what are the consequences?
What are the precautions I need to take, in case I want to come back?
Jai Bharat
 
Originally posted by gcwin
hey gurus.
my case is specific. I want to settle at India. My GC is filed in Jan'02. Company offering me a good position in India. I want to go there in that position. Probably I go, after approving my GC. what are the consequences?
What are the precautions I need to take, in case I want to come back?
Jai Bharat
Click to expand...

If you want to settle in India, why bother with GC? You can always come back on H1, L1 etc.
 
nkm-oct23
I am going back after getting gc approved.
question is in case i get a chance to come back on h1,l1 will they question why u went back?
 
Once your GC is approved, there is a requirement of some minimum stay per year in US with a intention that you are indeed maintaining a US residency, to retain your GC.

In case you return back to your country, and in the future want to come back on any non-immigrant visa (b1, h1, l1 etc.), you will have to specify (in visa application) that in the past you did try to immigrate to US. Some times this may be a dis-advantage to get a non-immigrant visa, as they don't want to give non-immigrant visa to some one, who in the past have shown intention to immigrate to US. Proably explaining your situation to visa officer then, may help.

PS: I am in the same boat
 
Originally posted by gcwin
nkm-oct23
I am going back after getting gc approved.
question is in case i get a chance to come back on h1,l1 will they question why u went back?
Click to expand...

You will have no problem in getting H1 or L1 because these visas do not have immigrant intent. Since you voluntarily gave up green card, it will only work in your favor.

You should consider getting a re-entry permit and take time to decide giving up GC. A re-entry permit allows you to stay outside US upto 2 years without jeopardizing your GC status. Once you apply, you can leave US and also have the permit sent to a US consulate in India. Of course if you have made up your mind to return for good, then it should be no problem at all getting visas again at some time in future.
 
I agree with nkm-oct23. They can never reject your H1/L1 based on your immigration intent since these are dual intent visas.
 
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