QUESTION
Can he get his green card re-instated, if not, can he re-use his old H1b's remaining time or he needs to apply for a new one?
Asked on Jun 23rd, 2014 on Immigration - Texas
More details to this question:
I have a friend who was here on H1b in 1997-1998, then he got a green card in 2001. He went back to India in 2004. He surrendered his green card also.
5 ANSWERS
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If he was working for an American company during his entire absence from the U.S., he may be able to get his residency status reinstated. Otherwise, as long as his H-1B status is still valid he should be able to reenter the U.S.
Answered on Jun 26th, 2014 at 10:18 PM
Your friend's H-1b visa and "green card" are no longer valid, and he would need to apply anew for immigration benefits.
Answered on Jun 26th, 2014 at 10:18 PM
No, he lost the green card due to abandonment but if he has a basis for being petitioned for the green card again, then it can certainly be started again. As far as the H-1B, he would need to be petitioned for a new H-1B by an employer on the basis of a valid job offer.
Answered on Jun 26th, 2014 at 10:18 PM
I do not think so. He has to start the process again.
Answered on Jun 26th, 2014 at 10:18 PM
Adebola O. Asekun
Provided he can find a willing employer, he may be eligible to return to the US with an H1B but with respect to the Green card, it is fairly certain that he has abandoned his residence and may not use the card he has surrendered to return to the US as an LPR.
Answered on Jun 26th, 2014 at 10:18 PM