switching from green card to H1B

[meauxna 15]

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.

er, aren't spouses IR-1 or CR-1 preference?

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

LIMITED FAMILY-BASED

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

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.

[diadromous mermaid 36]

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.

er, aren't spouses IR-1 or CR-1 preference?

UNLIMITED FAMILY-BASED

Immediate Relatives of U.S. Citizens (IR): The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older.

Returning Residents (SB): Immigrants who lived in the United States previously as lawful permanent residents and are returning to live in the U.S. after a temporary visit of more than one year abroad.

LIMITED FAMILY-BASED

Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

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.

meauxna,

You know I love you all the same, but I don't believe that Immediate Relatives are considered "preference" categorical since they are not subject to availability of a visa.

Per DoS,

Preference System (Immigration Act of 1990) - The nine categories since fiscal year 1992 among which the family-sponsored and employment-based immigrant preference visas are distributed. The family-sponsored preferences are: 1) unmarried sons and daughters of U.S. citizens; 2) spouses, children, and unmarried sons and daughters of permanent resident aliens; 3) married sons and daughters of U.S. citizens; 4) brothers and sisters of U.S. citizens. The employment-based preferences are: 1) priority workers (persons of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers); 2) professionals with advanced degrees or aliens with exceptional ability; 3) skilled workers, professionals (without advanced degrees), and needed unskilled workers; 4) special immigrants; and 5) employment creation immigrants (investors).

[Dr_LHA 3]

meauxna,

You know I love you all the same, but I don't believe that Immediate Relatives are considered "preference" categorical since they are not subject to availability of a visa.

Exactly.

[nanu 0]

Thanks for replies,

But my question still remains the same....

is it possible to change status from premanent resident to H1B?

[YuAndDan 153]

Thanks for replies,

But my question still remains the same....

is it possible to change status from premanent resident to H1B?

Only if you left the country, abandon your LPR status, and then get hired by an American company that needs your skills, You would need to quit any work that you are currently doing, and the hiring company spends quite a lot of $$$ to get you the H1B visa.

There are a limited number of them and individuals cannot apply for them, only businesses can.

So If you know some Human Resource person at some multi national corporation willing to spend big money for someone who abandons their status in the country just to get another visa, you may try. You probably would be living in another country unemployed with no way of returning.

I suspect that you would be much further ahead by staying an LPR and filing for a visa for your spouse in the normal fashion.

[Yodrak 7]

dr_lha,

Because it would require a change in the law, and the USCIS and DoS do not make law they only implement it?

Yodrak

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.

[Dr_LHA 3]

dr_lha,

Because it would require a change in the law, and the USCIS and DoS do not make law they only implement it?

Yeah, I realise that Yodrak. However USCIS/DoS do have some powers to interpret the law pretty broadly, so it might be possible within the framework, some modifed version of the V-1 visa for example.

If it takes a new law, then I'm all for that as well. Families should be kept together.