Short H1B converting to GC
Aug 18th 2002, 12:04 am
#1
Guest
Posts: n/a
Short H1B converting to GC
Has anyone done anything similar to this:
I will soon have to leave the country because my six years on H1B status will be
up, and the Labor Certification to support a work-based Green Card will not be
approved in time.
My lawyer is proposing that I leave the country one or two months before the six
years is up, wait for the LC to be approved, then apply for a short H1B visa for the
one or two months, and submit the GC application I-140 and I-485 while back in the
US, because that is faster than doing the whole GC process from overseas.
If I declare my intentions when I apply for the short H1B, will the consulate
issue the visa?
If I hide my intentions and get a GC once in the US on the H1B, when I next try to
reenter will the State Department consider I committed visa fraud on the short H1B?
-- Mal
I will soon have to leave the country because my six years on H1B status will be
up, and the Labor Certification to support a work-based Green Card will not be
approved in time.
My lawyer is proposing that I leave the country one or two months before the six
years is up, wait for the LC to be approved, then apply for a short H1B visa for the
one or two months, and submit the GC application I-140 and I-485 while back in the
US, because that is faster than doing the whole GC process from overseas.
If I declare my intentions when I apply for the short H1B, will the consulate
issue the visa?
If I hide my intentions and get a GC once in the US on the H1B, when I next try to
reenter will the State Department consider I committed visa fraud on the short H1B?
-- Mal
Aug 20th 2002, 12:02 am
#2
Guest
Posts: n/a
Re: Short H1B converting to GC
Mal wrote:
> Has anyone done anything similar to this:
> I will soon have to leave the country because my six years on H1B status will be
> up, and the Labor Certification to support a work-based Green Card will not be
> approved in time.
> My lawyer is proposing that I leave the country one or two months before the six
> years is up, wait for the LC to be approved, then apply for a short H1B visa for
> the one or two months, and submit the GC application I-140 and I-485 while back in
> the US, because that is faster than doing the whole GC process from overseas.
> If I declare my intentions when I apply for the short H1B, will the consulate issue
> the visa?
The consulate will not have any basis on which to deny the H-1B -- that is, any
basis related to intention to apply for permanent resident status. You are
allowed to hold H-1B status and to intend to become a U.S. permanent resident.
It's in the law.
> If I hide my intentions and get a GC once in the US on the H1B, when I next try to
> reenter will the State Department consider I committed visa fraud on the short H1B?
If you lie on the H-1B application form, you are subject to serious penalties. It is
easy for a consular officer to find out through various databases whether a labor
cert application or an I-140 has been filed on your behalf. If you tell the truth,
there is no negative effect.
I think your attorney has a clever idea. I have thought of it before, but have never
known of anyone trying it. You would have to get expedited processing of your
employment authorization document, somehow, because those take 3 months or more from
filing to approval in many places, and 2 months of H-1B status would not authorize
you all the way.
> Has anyone done anything similar to this:
> I will soon have to leave the country because my six years on H1B status will be
> up, and the Labor Certification to support a work-based Green Card will not be
> approved in time.
> My lawyer is proposing that I leave the country one or two months before the six
> years is up, wait for the LC to be approved, then apply for a short H1B visa for
> the one or two months, and submit the GC application I-140 and I-485 while back in
> the US, because that is faster than doing the whole GC process from overseas.
> If I declare my intentions when I apply for the short H1B, will the consulate issue
> the visa?
The consulate will not have any basis on which to deny the H-1B -- that is, any
basis related to intention to apply for permanent resident status. You are
allowed to hold H-1B status and to intend to become a U.S. permanent resident.
It's in the law.
> If I hide my intentions and get a GC once in the US on the H1B, when I next try to
> reenter will the State Department consider I committed visa fraud on the short H1B?
If you lie on the H-1B application form, you are subject to serious penalties. It is
easy for a consular officer to find out through various databases whether a labor
cert application or an I-140 has been filed on your behalf. If you tell the truth,
there is no negative effect.
I think your attorney has a clever idea. I have thought of it before, but have never
known of anyone trying it. You would have to get expedited processing of your
employment authorization document, somehow, because those take 3 months or more from
filing to approval in many places, and 2 months of H-1B status would not authorize
you all the way.
