Legal Question in Immigration Law in Wisconsin

spouse working temporarily in USA

My husband is a US citizen. I am currently in the US on an H1B visa but would like to switch to a visa that gives me more freedom to choose employers and change jobs (ie no specialty occupation requirement). We are planning to leave the US in a couple years time therefore I don't want to apply for a green card as I know I would lose it and possibly complicate matters if I wished to apply in the future.

Can you recommend a visa?

Asked on 5/05/08, 12:48 am

3 Answers from Attorneys

Re: spouse working temporarily in USA

Before anything else, thanks for writing me at

You can keep your visa and change when you want. I don't see problem. Later, you can get a tourist visa and when you find a good job you can change your visa. Is an option.

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Any doubt or another question, let me know it please.

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Answered on 5/07/08, 9:45 pm
Glen Prior Pacific Law, Inc., P.S.

Re: spouse working temporarily in USA

Usually a good strategy is to obtain a green card while still in the U.S., that is , adjust your status to that of U.S. permanent resident. If you are planning on leaving the U.S. you could apply for a reentry permit allowing you to live abroad for two years without abandoning your green card. Three years after you acquire the green card you could apply for U.S. citizenship if you remain married to a U.S. citizen and live together. The green card gives the most freedom to an immigrant to travel back and forth without so many restrictions. Glen

see (a free service) end403.

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Answered on 5/05/08, 6:45 pm
Brian Brophy Sipsma, Hahn, & Brophy L.L.C.

Re: spouse working temporarily in USA

I agree that a green card (lawful permanent resident card) would give you expansive job flexibility. You must take extra steps to make sure that you maintain the validity of your green card before, during and after your periods of travel, but that is workable.

Without more information about your current job, your educational background, your employment history and your skill set, it is difficult to determine which visas you might be eligible for. However, most employment visas are occupation-specific. Since a gree card allows you to accept employment in ANY field without restrictions, it will give you the highest degree of flexibility.

If you have questions, feel free to contact me at [email protected]

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Answered on 5/09/08, 11:15 am

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