Excellent opportunity outside US!

[Zia]

Hi guys,

I have had GC for the past 3 years and should be eligible for applying for citizenship in 2008. I have an excellent offer overseas through a company based in the US.

I would like to know your thoughts on how I can take the offer, keep the GC and apply for citizenship without any issues. I would be travelling to the US often for short periods although that does not help, I guess.

The opportunity is really good for me to pass. My wife would be citizen this year and I guess I can count on that to start the GC process all over again through her.

I have something about N-600 or something that one can use to maintain thier residency and also coutn the time stayed outside towards the citizenship requirement.

Thanks...

Zia.

[Zia]

****,

Thanks for the lightning response. I am not clear from the response if I can take the offer or not. I have had the GC for the past 3 years of which, I think I have maintained atleast 1 full year of physical presence.

Thanks...

Zia.

[bonafide]

**** -

How can you be telling this guy that this is all possible and that you just need reentry and maintain ties?

According to your posts the guy needs to be careful for example not to get drivers licence in the new country. Also you absolutely need to be paid by the US company. If somebody discovers you are working for somebody abroad you could be screwed etc. etc. So in reality you take a big risk.

True intentions and temporary nature do not help. Reentry does not matter either. Because it is all a risk out there. I can't believe **** that on one thread you say this and then on the next one you say totally different thing. Please be consistent and tell people that getting employed abroad even for temporary period with clear ending date is a big risk.

And if the country you are going to requires you to have a local drivers licence then too bad - the law conflicts with the US law - so you are screwed. You need to research all of this according to ****. And if you discover all of this once you have left then too bad. You are double screwed.

And then you will have problems with claiming foreign income exclusion because you will have to say that one of your tax homes is the foreign country and that is a no go. So I gather from ****'s posts it is impossible to get foreign income exclusion.

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I am not a lawyer. Use this advice at your own risk.

[qili]

I wouldn't too much about interpreting ****'s comments: most times they are just uninterperttable.

to the original poster, you are in good company. I have seen plenty of people taking such assignments, sometimes working directly for a foreign company. You have a very good argument here in that you are working for a US company, getting paid out of the US, and getting frequent trips back home. Just make sure that you do all you can to maintain a presence in the US, as if you were working in the states.

I wouldn't worry too much about it.

[bonafide]

**** -

You told me that in the previous thread that if a person goes on an assignment from a US company and gets paid by the local office and the person gets drivers licence then the GC is at a huge risk. This is despite 3 things:
- temporary assignment with clear evidence (contract, witnesses etc).
- reentry permit that is approved
- ties to the US (furniture in storage, house, residence address, car, credit cards, savings in the US, taxes, keep in touch with friends, paying bills, mortgage)

You said that the ties, temp assignment, reentry is good but when you weigh it against the fact that you had to get a drivers licence in the new country and the fact that you got paid by the local office - you might be screwed. Genuine intent here does not matter at all.

So next time - let's tell people that they can go on a temp assignment ONLY and ONLY if they do not get the drivers licence and they get paid by US office in US currency to US bank account. Otherwise they are screwed. Come on - please look at the previous thread. At least this is exactly what I gathered - if you are backing out of this - please say so.

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I am not a lawyer

[Zia]

Thanks for all the respoonse. However, I think I did a "boo-boo" on the post. The company has a huge presence in the US but is it is HQ in India.

Does that change things now? Howver,

1) I would be paid in the US though.
2) I will be coming back every 6 months for short visits.
3) I can maintain a residence since my in-laws are in the US.
4) Married to a GC who has applied for citizenship and FP is just got done.
5) Children are citizens.

Will need to apply for a drivers license in the middle-east where the opportunity is.


Zia.

[qili]

Originally Posted by Zia

The company has a huge presence in the US but is it is HQ in India.

Does that change things now? Howver,

1) I would be paid in the US though.

I take that to mean you will be paid by the US entity of the Indian company. In that sense, you are working for a US company as the US entity is incorporated in the states. As such, it doesn't change what I said earlier.

If you are, however, paid in US dollars by the Indian company in India, that would weaken your argument about the temporary nature of the assignment.

Originally Posted by Zia

2) I will be coming back every 6 months for short visits.
3) I can maintain a residence since my in-laws are in the US.
4) Married to a GC who has applied for citizenship and FP is just got done.
5) Children are citizens.

Those are all positive factors for you.

Originally Posted by Zia

Will need to apply for a drivers license in the middle-east where the opportunity is.

regardless of what the self-proclaimed resident "expert" said before, it doesn't hurt you. I have foreign driver's licenses and own properties overseas myself. No problem whatsoever.

[bonafide]

**** -

You say:
"Getting paid by the local office by definition is not an assignment from the US company. It is employment by the local company. These are two different legal entities."

Well I am not sure where you get this from. I have my friend's contract with a top US company. The agreement is as follows:
1) Agreement A - The US company is sending employee overseas to its subsidiary to start a department over there for 18 months. The US company will rehire back the employee after the 18 months are over. The subsidiary will be responsible for paying the wages for the 18 months.
2) Agreement B - is with the subsidiary for only 18 months with consent for the employee to move back to the US. Then there is talk about salary and all the local laws, non compete and the like.

So I don't know what you call assignment or not. And what is the exact legal definition and how this affects everything. The BOTTOM LINE is that the assignment is clearly temporary with a clear path to come back to the US.

A reentry permit got issued and both documents (Agreement A and B) got sent to INS. On the reentry permit it got emphasized that the person will be paid in local currency by subsidiary. And INS still issued the reentry.

The ties are there to the US (house, drovers licence, mortgage, savings, bills, taxes, furniture etc). The ties to the US were also explained on reentry application.

But the person here is screwed because the person would get paid in the local currency and who knows they may have to get a local drivers licence for that period. That is according to you.

And in the end the trip although genuinely temporary - will likely lead to revocation of GC according to ****.

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I am not a lawyer

[bonafide]

Anyways - I wish there was a lawyer moderating this column. I am almost sure that temporary employment like the one described, reentry permit, ties to the US should be sufficient to keep GC.

Did not learn much from this forum and the discussion was biased I think.

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I am not a lawyer

[Zia]

Thank you all for alll the responses. I am close to taking the deal and will be discussing with a lawyer (besides the company lawyer) to make sure all grounds are covered.

Could someone outline, what I need to do from my side like - apply for ren-entry permit, have a lease, pay bills, taxes, etc...to make sure nothing gets screwed up.

Also, does a week trip to Canada count against me applying for N-470?

Thanks a bunch.

Zia.