Perm2perm

Hi,

I was on H1-B about 4 years. Then I got my GC and have it for about 2 years. Can I
apply for an H-1 now and if approved surrender my GC ? If so, will I have only 2
years on H-1 or is the clock reset meaning do I have another 6 years ?

Thanks,

Jim Vadek

Huh?

"Perm2Perm" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    >
    > I was on H1-B about 4 years. Then I got my GC and have it for about 2 years. Can I
    > apply for an H-1 now and if approved surrender my GC ? If so, will I have only 2
    > years on H-1 or is the clock reset meaning do I have another 6 years ?

Sylvia Ottemoel

Perm2Perm wrote:

    > I was on H1-B about 4 years. Then I got my GC and have it for about 2 years. Can I
    > apply for an H-1 now and if approved surrender my GC ?

Yes --that is, your employer can file an H-1B petition. Then you can leave the U.S.,
abandon your PR status at a consular post, apply for an H-1B visa, and re-enter the
U.S. in H-1B status.

Please note that the only way to surrender your PR status is by filing Form I-407 at
a U.S. consular post, while outside the U.S. If I were you, I would not do this
without the help of a good immigration attorney, who would arrange everything
beforehand with the consular officer.

If
    > so, will I have only 2 years on H-1 or is the clock reset meaning do I have another
    > 6 years ?

I don't know this for sure, but the plain meaning of the regulation is that you must
spend one full year outside the U.S. before you are eligible for another period of
time in H-1B status.

Ingo Pakleppa

On Thu, 11 Apr 2002 10:31:54 -0700, Sylvia Ottemoeller
<[email protected]> wrote:

    >Perm2Perm wrote:
    >
    >
    >> I was on H1-B about 4 years. Then I got my GC and have it for about 2 years. Can I
    >> apply for an H-1 now and if approved surrender my GC ?
    >
    >
    >Yes --that is, your employer can file an H-1B petition. Then you can leave the U.S.,
    >abandon your PR status at a consular post, apply for an H-1B visa, and re-enter the
    >U.S. in H-1B status.
    >
    >Please note that the only way to surrender your PR status is by filing Form I-407 at
    >a U.S. consular post, while outside the U.S. If I were you, I would not do this
    >without the help of a good immigration attorney, who would arrange everything
    >beforehand with the consular officer.
    >
    >If
    >> so, will I have only 2 years on H-1 or is the clock reset meaning do I have
    >> another 6 years ?
    >
    >
    >I don't know this for sure, but the plain meaning of the regulation is that you must
    >spend one full year outside the U.S. before you are eligible for another period of
    >time in H-1B status.

Which of course would automatically render the GC null and void, so he wouldn't have
to worry about the I-407 in this case.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).

Webcrawler

Wait a minute.... What have you guys been smoking? I would like some of that, please.
Here is this guy, who has a GC and wants to give it up and get an H-1B? What on earth
does he need an H-1B for?

And then there are thousands of us who would climb Mt. Everest to get a GC. Hey, why
don't we swap-I'll give you my H-1B, and you give me your GC.

Am I missing something here? If no, please send me some of that stuff you've
been smoking.

Regards.

[email protected] (Ingo Pakleppa) wrote in message
news:<[email protected]>...
    > On Thu, 11 Apr 2002 10:31:54 -0700, Sylvia Ottemoeller
    > <[email protected]> wrote:
    >
    > >Perm2Perm wrote:
    > >
    > >
    > >> I was on H1-B about 4 years. Then I got my GC and have it for about 2 years. Can
    > >> I apply for an H-1 now and if approved surrender my GC ?
    > >
    > >
    > >Yes --that is, your employer can file an H-1B petition. Then you can leave the
    > >U.S., abandon your PR status at a consular post, apply for an H-1B visa, and
    > >re-enter the U.S. in H-1B status.
    > >
    > >Please note that the only way to surrender your PR status is by filing Form I-407
    > >at a U.S. consular post, while outside the U.S. If I were you, I would not do this
    > >without the help of a good immigration attorney, who would arrange everything
    > >beforehand with the consular officer.
    > >
    > >If
    > >> so, will I have only 2 years on H-1 or is the clock reset meaning do I have
    > >> another 6 years ?
    > >
    > >
    > >I don't know this for sure, but the plain meaning of the regulation is that you
    > >must spend one full year outside the U.S. before you are eligible for another
    > >period of time in H-1B status.
    >
    > Which of course would automatically render the GC null and void, so he wouldn't
    > have to worry about the I-407 in this case.
    >
    > Ingo
    >
    >
    > I am not a lawyer and this is not legal advice. For reliable advice, please consult
    > with a professional immigration attorney.
    >
    > For further information, check the following frequently-requested links.
    >
    > For many questions, you may find answers at
    > http://travel.state.gov/visa_services.html (Department of State)
    >
    > or http://ins.usdoj.gov (INS).
    >
    > For consular policies and visa reciprocity fees, find your consulate in
    > http://travel.state.gov/links.html
    >
    > For visa denial and suggestions what to do about them, see
    > http://travel.state.gov/visadenials.html
    >
    > For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
    >
    > For information on affidavit of support for marriage to US citizens (I-864), go to
    > http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
    >
    > For information on entering the US as a K-1: http://www.k1poelist.com/
    >
    > For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
    >
    >
    > For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
    > http://travel.state.gov/revals.html
    >
    >
    > For non-official information, check:
    >
    > (When using these sites, and any Web sites, please watch out for privacy, as I do
    > not know all site operators.)
    >
    > http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
    > http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
    > (dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
    > http://www.getusavisa.com http://greencard-lottery.virtualave.net/
    > http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
    > http://www.kamya.com/misc/ (marriage and fiancee)
    > http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
    >
    > This is not an endorsement of any of these Web sites. I am not affiliated with any
    > of the Web site owners and do not receive nor accept payment in return for listing
    > them, and typically don't even know them.
    >
    > (if believe you have a good immigration-related Web site and want your Web site
    > listed here, please e-mail me).

Joachim Feise

WebCrawler wrote:
    > Wait a minute.... What have you guys been smoking? I would like some of that,
    > please. Here is this guy, who has a GC and wants to give it up and get an H-1B?
    > What on earth does he need an H-1B for?
    >
    > And then there are thousands of us who would climb Mt. Everest to get a GC. Hey,
    > why don't we swap-I'll give you my H-1B, and you give me your GC.
    >
    > Am I missing something here?

Yes, you are. One example: you want to marry somebody from your home country. It
takes 5-6 years to get that person to the US. The alternative is to give up the GC.
It is all about your priorities. IMNSHO, there are things in life that are more
important than a GC.

-Joe

Webcrawler

Greetings,

Joachim Feise <[email protected]> wrote in message
    > > Am I missing something here?
    >
    > Yes, you are. One example: you want to marry somebody from your home country. It
    > takes 5-6 years to get that person to the US. The alternative is to give up the GC.
    > It is all about your priorities. IMNSHO, there are things in life that are more
    > important than a GC.
    >
    > -Joe

Oh I agree absolutely. This is one of the rare cases when someone might consider
surrendering the GC. I can think of several other cases, each of which is exceptional
circumstances like this one, such as:
1. You need to be back in your country of origin to take care of elderly
family members.
2. You don't like the culture and the way of life in the US, and yearn for your
home country.

I didn't mean to be disrespectful to the decision made by the original poster.
However, the original poster did not mention any such exceptional circumstances. I
thought that maybe the poster was not aware of all implications of that action.

Thanks.

Perm2perm

Joachim Feise <[email protected]> wrote in message
news:<[email protected]>...
    > WebCrawler wrote:
    > > Wait a minute.... What have you guys been smoking? I would like some of that,
    > > please. Here is this guy, who has a GC and wants to give it up and get an H-1B?
    > > What on earth does he need an H-1B for?
    > >
    > > And then there are thousands of us who would climb Mt. Everest to get a GC. Hey,
    > > why don't we swap-I'll give you my H-1B, and you give me your GC.
    > >
    > > Am I missing something here?
    >
    > Yes, you are. One example: you want to marry somebody from your home country. It
    > takes 5-6 years to get that person to the US. The alternative is to give up the GC.
    > It is all about your priorities. IMNSHO, there are things in life that are more
    > important than a GC.
    >
    > -Joe

This is exactly the reason. I was one of those "thousands who would climb Mt. Everest
to get a GC". Now that I have it, I realize that I can not marry someone I love(not
necessarily from home country) just because I have the GC as if it's a punishment.
How can you expect people be married by being apart 5-6 years ? We hear a lot of
Family Unification/Life Enactment type of phrases but nothing for this specific case.
I am sure there a lot of people who are in the same boat, who simply want to obey the
laws but can't find a way with the current practice.

So, there you have it. And no, I am not smoking anything. If anybody has any
suggestion for a workaround or anything at all, I am all ears.

PS. I presume the answer to my original question is I would have only 2 years left on
H-1. Is that correct ?

Cpliu

    > This is exactly the reason. I was one of those "thousands who would climb Mt.
    > Everest to get a GC". Now that I have it, I realize that I can not marry someone I
    > love(not necessarily from home country) just because I have the GC as if it's a
    > punishment. How can you expect people be married by being apart 5-6 years ? We hear
    > a lot of Family Unification/Life Enactment type of phrases but nothing for this
    > specific case. I am sure there a lot of people who are in the same

Just out of curiosity, will citizenship make a differnce? Does it take less time if
you're a citizen?

Sylvia Ottemoel

Perm2Perm wrote:

    > Joachim Feise <[email protected]> wrote in message
    > news:<[email protected]>...
    >
    >>WebCrawler wrote:
    >>
    >>>Wait a minute.... What have you guys been smoking? I would like some of that,
    >>>please. Here is this guy, who has a GC and wants to give it up and get an H-1B?
    >>>What on earth does he need an H-1B for?
    >>>
    >>>And then there are thousands of us who would climb Mt. Everest to get a GC. Hey,
    >>>why don't we swap-I'll give you my H-1B, and you give me your GC.
    >>>
    >>>Am I missing something here?
    >>>
    >>Yes, you are. One example: you want to marry somebody from your home country. It
    >>takes 5-6 years to get that person to the US. The alternative is to give up the GC.
    >>It is all about your priorities. IMNSHO, there are things in life that are more
    >>important than a GC.

    > This is exactly the reason. I was one of those "thousands who would climb Mt.
    > Everest to get a GC". Now that I have it, I realize that I can not marry someone I
    > love(not necessarily from home country) just because I have the GC as if it's a
    > punishment. How can you expect people be married by being apart 5-6 years ? We hear
    > a lot of Family Unification/Life Enactment type of phrases but nothing for this
    > specific case. I am sure there a lot of people who are in the same boat, who simply
    > want to obey the laws but can't find a way with the current practice.
    >
    > So, there you have it. And no, I am not smoking anything. If anybody has any
    > suggestion for a workaround or anything at all, I am all ears.
    >
    > PS. I presume the answer to my original question is I would have only 2 years left
    > on H-1. Is that correct ?

Here is a suggestion for a workaround:

Get a competent immigration attorney who is particularly experienced with consulates
and is also aggressive. Possibly an arrangement may be made for you to re-immigrate
through an essentially duplicate employment-based immigrant petition.

Your employer would file another I-140, asking for consular processing, and it would
be approved. You would marry. You would appear for a consular interview appointment,
and abandon your present permanent resident status by filing Form I-407, Application
for Abandonment of Lawful Permanent Resident Status (this can be filed only outside
the U.S.). You and your wife would immediately be issued immigrant visas.

This entire procedure must be disclosed to, and agreed to by, the consulate
beforehand. Negotiations will be tricky. The consulate is not obligated to take the
case, and will be inclined against it because every post is so busy.

The process is not for the faint-hearted. I have personally known three people
who did it. The attorneys charged several thousand dollars for assisting with
the maneuver.

Perm2perm

Sylvia Ottemoeller <[email protected]> wrote in message
news:<[email protected]>...
    > Perm2Perm wrote:
    >
    > > Joachim Feise <[email protected]> wrote in message
    > > news:<[email protected]>...
    > >
    > >>WebCrawler wrote:
    > >>
    > >>>Wait a minute.... What have you guys been smoking? I would like some of that,
    > >>>please. Here is this guy, who has a GC and wants to give it up and get an H-1B?
    > >>>What on earth does he need an H-1B for?
    > >>>
    > >>>And then there are thousands of us who would climb Mt. Everest to get a GC. Hey,
    > >>>why don't we swap-I'll give you my H-1B, and you give me your GC.
    > >>>
    > >>>Am I missing something here?
    > >>>
    > >>Yes, you are. One example: you want to marry somebody from your home country. It
    > >>takes 5-6 years to get that person to the US. The alternative is to give up the
    > >>GC. It is all about your priorities. IMNSHO, there are things in life that are
    > >>more important than a GC.
    >
    >
    > > This is exactly the reason. I was one of those "thousands who would climb Mt.
    > > Everest to get a GC". Now that I have it, I realize that I can not marry someone
    > > I love(not necessarily from home country) just because I have the GC as if it's a
    > > punishment. How can you expect people be married by being apart 5-6 years ? We
    > > hear a lot of Family Unification/Life Enactment type of phrases but nothing for
    > > this specific case. I am sure there a lot of people who are in the same boat, who
    > > simply want to obey the laws but can't find a way with the current practice.
    > >
    > > So, there you have it. And no, I am not smoking anything. If anybody has any
    > > suggestion for a workaround or anything at all, I am all ears.
    > >
    > > PS. I presume the answer to my original question is I would have only 2 years
    > > left on H-1. Is that correct ?
    >
    >
    > Here is a suggestion for a workaround:
    >
    > Get a competent immigration attorney who is particularly experienced with
    > consulates and is also aggressive. Possibly an arrangement may be made for you to
    > re-immigrate through an essentially duplicate employment-based immigrant petition.
    >
    > Your employer would file another I-140, asking for consular processing, and it
    > would be approved. You would marry. You would appear for a consular interview
    > appointment, and abandon your present permanent resident status by filing Form
    > I-407, Application for Abandonment of Lawful Permanent Resident Status (this can be
    > filed only outside the U.S.). You and your wife would immediately be issued
    > immigrant visas.
    >
    > This entire procedure must be disclosed to, and agreed to by, the consulate
    > beforehand. Negotiations will be tricky. The consulate is not obligated to take the
    > case, and will be inclined against it because every post is so busy.
    >
    > The process is not for the faint-hearted. I have personally known three people who
    > did it. The attorneys charged several thousand dollars for assisting with the
    > maneuver.

Sounds like this is worth a shot. However, I no longer work for the company that
originally sponsored me for GC. I am working for another employer now. Would the
duplicate employment-based immigrant petition work for my case ? Who files it, my old
or new employer ?

Thank you,

Sylvia Ottemoel

Perm2Perm wrote:

    > Sylvia Ottemoeller <[email protected]> wrote in message
    > news:<[email protected]>...
    >
    >>Perm2Perm wrote:

    >>>So, there you have it. And no, I am not smoking anything. If anybody has any
    >>>suggestion for a workaround or anything at all, I am all ears.
    >>>
    >>>PS. I presume the answer to my original question is I would have only 2 years left
    >>> on H-1. Is that correct ?
    >>>
    >>
    >>Here is a suggestion for a workaround:
    >>
    >>Get a competent immigration attorney who is particularly experienced with
    >>consulates and is also aggressive. Possibly an arrangement may be made for you to
    >>re-immigrate through an essentially duplicate employment-based immigrant petition.
    >>
    >>Your employer would file another I-140, asking for consular processing, and it
    >>would be approved. You would marry. You would appear for a consular interview
    >>appointment, and abandon your present permanent resident status by filing Form
    >>I-407, Application for Abandonment of Lawful Permanent Resident Status (this can be
    >>filed only outside the U.S.). You and your wife would immediately be issued
    >>immigrant visas.
    >>
    >>This entire procedure must be disclosed to, and agreed to by, the consulate
    >>beforehand. Negotiations will be tricky. The consulate is not obligated to take the
    >>case, and will be inclined against it because every post is so busy.
    >>
    >>The process is not for the faint-hearted. I have personally known three people who
    >>did it. The attorneys charged several thousand dollars for assisting with the
    >>maneuver.
    >>
    >
    > Sounds like this is worth a shot. However, I no longer work for the company that
    > originally sponsored me for GC. I am working for another employer now. Would the
    > duplicate employment-based immigrant petition work for my case ? Who files it, my
    > old or new employer ?

Your new employer would have to do it. The employment-based immigrant petition must
be correct at the time you use it. If you qualify for EB-1 extraordinary ability or
EB-2 national interest waiver, you could self-petition.