H1B after Greencard expiry

[sun81]

Hello,

If a person A has Greencard but went back to India and did not come back to US for 2 years which can result in invalidation of the Greencard.

In that case, if a person wants to come back to US, what are the options. Does the person has to go for a fresh H1B through lottery or is there a way to renew/re-activate the Greencard after 2 years of going back to India.

Please provide the options.

Thanks!

[Attorney_6]

Generally, you are able to go through the H1B lottery again and pursue a new H1B once you have been outside the U.S. for at least a year.

As for your green card, when a lawful permanent resident spends a year or more outside the U.S. (without first filing for or obtaining a re-entry permit) there is generally a presumption of its abandonment. To obtain specific legal advice as to what your current situation is and what options, if any, you have to possibly reinstate your green card I recommend you schedule a consultation with one of our attorneys.

 

 

[sun81]

Thanks for your response.