switching from green card to H1B

[nanu 0]

I would like to know if it's possible to switch from premanent resident status to H1B status?

The reason I wanted to do this bec' it would be faster for my wife to enter US if I bring her here on H4 than to apply for her green card.

Thanks.

[Dr_LHA 3]

I very much doubt it.

[riblet 0]

Do you mean enter on an H1B and then Adjust Status?

H1B is one of a very very few dual intent visas (i.e. you can have dual intent) - but they only issue so many every year, and I'm not sure how easy it would be to get.

Edited December 6, 2006 by riblet

[Dr_LHA 3]

Do you mean enter on an H1B and then Adjust Status?

No, he means go from a Green Card to an H-1B.

This may sound odd, but there's a good reason. As a green card holder with a non-USC spouse, you cannot bring your wife to join you in the USA. You have to apply for I-130 and then wait many years until the priority date comes up.

However an H-1B visa holder's spouse can get a H-4 visa to be with them.

Its a huge inequality in how the visa system works in the USA.

Edited December 6, 2006 by dr_lha

[riblet 0]

Ah, I had never heard of that. Just another inequality to add to the pile

[Dr_LHA 3]

Ah, I had never heard of that. Just another inequality to add to the pile

To solve it all would be needed would be to create a spousal visa for green card holders. The apply the priority dates purely to the spouse getting a green card. I have no idea why USCIS/State Department don't implement this.

[YuAndDan 153]

How long have you had your LPR status? If getting close to 5 years, then start the process of getting her here on a F2 visa, naturalize and when you do, then get the petition switched to CR-1/IR-1 visa petition.

[Dr_LHA 3]

F-2 visa? What are you one about? That's for spouses of people here on F-1.

[meauxna 15]

I would like to know if it's possible to switch from premanent resident status to H1B status?

The reason I wanted to do this bec' it would be faster for my wife to enter US if I bring her here on H4 than to apply for her green card.

Thanks.

How hard will it be for you to get PR again?

People can and do do this, but you want to make sure *everything* is set up just right before you pull the trigger.

And, have you got an employer who will play ball with you all the way? All the way back to the GC? And, when would you be able to actually get a visa (quota)?

I've never heard of anyone doing this without a lawyer.

[YuAndDan 153]

F-2 visa? What are you one about? That's for spouses of people here on F-1.

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

http://travel.state.gov/visa/immigrants/ty...types_1306.html

[Dr_LHA 3]

Oh, right. You mean the preference category from the visa bulletin. That's not a "F-2 visa", its a completely different thing.

[Dr_LHA 3]

I've never heard of anyone doing this without a lawyer.

This goes without saying, its not possible after all for one to self sponser for a H-1B, a company has to do it.

[Killer_Clown_2009 0]

Yu and Dan

F2 in this case is a category of preference on issuing a VISA NUMBER, it's not a VISA itself. He won't be eligible to apply for an "F2 Visa" for his spouse.

He can apply for an I-130 on behalf of his wife, under F2 category. When that is approved (in several years), he will have to go through the same process as anyone for bringing his spouse to the US.

Edited December 6, 2006 by jane2005

[Killer_Clown_2009 0]

How long have you had your LPR status? If getting close to 5 years, then start the process of getting her here on a F2 visa, naturalize and when you do, then get the petition switched to CR-1/IR-1 visa petition.

He won't be able to "switch" anything to CR-1/IR-1 Visa petition.

If he becomes a Citizen prior to a VISA number becoming available for his wife - he can upgrade his I-130 Pettition to CATEGORY F1 (meaning the visa number is available right away) and then START the CR/IR visa process or file for a K-3.

[Dr_LHA 3]

Actually, not trying to be pedantic here, but the F1 preference category is "Unmarried Sons and Daughters of Citizens". There is no preference category for a spouse of a USC, they don't have to wait for a visa.