Jump to content
listeria

Giving up Green Card

By listeria in Bringing Family Members of Permanent Residents to America

 Share

6 posts in this topic

Recommended Posts

listeria Enthusiast

listeria   14

Posted
Filed: F-2A Visa Country: India
 Timeline
Posted

Hello all,

I could see wealth of information in this forum.

I got my GC in 2008 thro EB1-EA and almost 3 years over now. I got married in India in Nov 2010 and now I got to wait to bring my spouse-waiting could be 2 or 3 or 4 years-no one knows for sure.

I know I can forfeit my GC and get in to H1B visa. This was I can bring my spouse on H4 and reapply for GC under EB1-EA. I understand immigration laws allows me to do this. I checked with my company lawyer who said it is possible. But I need to leave US once H1B petition is approved here, forfeit GC at US embassy and get stamped for H1B visa.

My worry is percentage of chances that I would get a H1B visa at US consulate in India. I have no worries in giving up GC and re-applying as I am confident of getting thro self-petitioned under EB1 category.

I would need your valuable suggestions and please post your experiences.

Thanks

PD: 12/09/2010; Visa Approved: 04/29/2013

Link to comment
Share on other sites
RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Welcome to VJ... I dont have an answer for you and hope someone else will.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Link to comment
Share on other sites
VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

Unlikely that you will get the H1B approved because of immigrant intent. They won't understand why you would give up a GC to turn around and live in the US anyway. They will suspect something (I know I would).

It might be your only chance to get her here though because India doesn't permit dual citizenship (that I can see) so you won't be able to upgrade her once you get USC (unless you WANT to give up your home countries citizenship). Are you sure there's no way for her to get a visa on her own without you downgrading? Student visa? Work visa?

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Link to comment
Share on other sites
  • 4 weeks later...
hobokenworkingman Community Regular

hobokenworkingman   4

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Hello all,

I could see wealth of information in this forum.

I got my GC in 2008 thro EB1-EA and almost 3 years over now. I got married in India in Nov 2010 and now I got to wait to bring my spouse-waiting could be 2 or 3 or 4 years-no one knows for sure.

I know I can forfeit my GC and get in to H1B visa. This was I can bring my spouse on H4 and reapply for GC under EB1-EA. I understand immigration laws allows me to do this. I checked with my company lawyer who said it is possible. But I need to leave US once H1B petition is approved here, forfeit GC at US embassy and get stamped for H1B visa.

My worry is percentage of chances that I would get a H1B visa at US consulate in India. I have no worries in giving up GC and re-applying as I am confident of getting thro self-petitioned under EB1 category.

I would need your valuable suggestions and please post your experiences.

Thanks

Let me ask you this - do you want to get an H1B so that you can get your spouse here on a H4 b/c of the time factor ie, it takes just weeks to get an H4 as opposed to months/years to get a spouse of a GC holder?

Once in awhile, right in the middle of an ordinary life, love gives us a fairy tale - My beautiful wife Soni
Timeline:
USCIS: 10-06-2009: I-130 rec'd by USCIS; 03-16-2010: I-130 APPROVAL (after 5+ friggin months of torture, agony and waiting!)
NVC:
04-29-2010: INTERVIEW ASSIGNED FOR JUNE 10TH IN CHENNAI CONSULATE, INDIA; 06-10-2010: INTERVIEW - VISA APPROVED!!!!!
06-18-2010: Entered US - NEW YORK CITY and 08-16-2010: GC received! (nearly 2 months after PoE) woo hoo!
AOS for permanent 10 yr green card:

04-02-2012: NOA of I-751 and 1 yr extension of temp green card

05-03-2012: Biometrics appointment

12-18-2012: 10 yr Green card approved; 12-22-2012: Green card rec'd

N-400 citizenship:

06-19-2013: N-400 mailed; 06-22-2013: N-400 rec'd at Dallas lockbox

10-3-2013: Interview date - APPROVED!

10-18-2013: NATURALIZED - We are done with USCIS!!!

Link to comment
Share on other sites
twulf Enthusiast

twulf   0

Posted
Filed: F-2A Visa Country: India
 Timeline
Posted

Let me ask you this - do you want to get an H1B so that you can get your spouse here on a H4 b/c of the time factor ie, it takes just weeks to get an H4 as opposed to months/years to get a spouse of a GC holder?

Agree with Vanessa&Tony's post

130 Track:

Apr. 4. 2007: I-130 Sent/Submitted

Apr. 13. 2007: I-130 NOA1

Aug. 11. 2009: I-130 Approved

NVC Track:

Sep 16 2009: NVC Case # assigned

Mar 28 2010: DS3032 received via mail.

Mar 30 2010: DS3032 Entered into NVC sys

Apr 4 2010: AOS fee bill generated

Apr 5 2010: AOS paid online

Apr 6 2010: IV fee bill generated

Apr 13 2010: IV fee bill paid.

May 24 2010: I-864 sent

June 6 2010: DS-230 sent.

July 20 2010: Case complete at NVC

Sep 1 2010: Interview Appt Letter Received

Sep 13 2010: Medical done.

Oct 4 2010: Visa approved

Nov 2010: POE.

Nov 29: Got SSN

Dec 2010: Got Green card

Link to comment
Share on other sites
Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

Playing the immigration system so bluntly is like Russian Roulette with 5 bullet in a 6-chamber revolver.

Best of luck to you. 42 degrees in Mumbai today!

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...