Entry to US subsequent to losing GC

[stl1859]

Apologize if this has been posted before .

What I wanted to know was, suppose a person has lost his/her PR status [by being out of the country too long , for example] . Is it possible for that person to enter the US at a later date on another visa ? say H1 , L1 or B1 ? Will the fact that the person gave up PR status in the past affect his/her getting these type of visas?

Further to this , if the person enters on H1 or L1 , can the employer sponsor the person for PR status again?

Any information on this would be very helpful and appreciated

Thanks

[JoeF]

Re: Entry to US subsequent to losing GC

Getting a non-immigrant visa (other than H1 or L1) requires that a person does not have immigration intent. Giving up the GC actually is a good indicator for that. But of course, it alone is not enough. Ties to the home country, like a job there, are also required.
Other than that, there is nothing that prevents a former Permanent Resident to get a non-immigrant visa.
And of course, a former Permanent Resident can be sponsored for a GC again.

[stl1859]

Thanks JoeF, for your quick and helpful response [as always] . Let me understand - you are basically saying that for such a person, getting a B1 or tourist visa *could* be a problem - however getting a H1 or L1 should not be at all - is that right ?

[JoeF]

Re: Entry to US subsequent to losing GC

Correct. H1 and L1 allow immigration intent, all other non-immigrant visas do not.
The problem for a tourist visa or any non-immigrant visa other than H1 and L1 (e.g., student visa) is to convince the consular officer that there is no immigration intent.
The consular officers have a lot of discretion to decide if the evidence provided is good enough.
Having given up a GC is one piece of the evidence, nothing more. In such a situation, I would argue that there used to be immigration intent, but not anymore, hence giving up the GC. I have no idea, though, if they would see it this way as well. This fact alone is probably not enough, but it could be a supporting factor.
For H1 and L1, this whole consideration is irrelevant.