Working abroad with fresh GC

[silee77]

Hello fellow aliens,

Just a couple of days ago we (myself as primary EB2 applicant, my spouse and daughter) received the email about "card prodution ordered" from USCIS, so we are very excited and eagerly waiting for the actual plastic cards

I have also been seriously contemplating going on a 2-3 year foreign assignment/rotation with the same employer (actually, it is the same global firm but I will be on the foreign "member" firm's payroll). Is there a rule of thumb on how long one should wait, if any, to take on such assignment? What are the risks involved given that the GC was literally just approved?

Thank you much for your help with this issue.

Regards,

[victorce79]

This is also my question. I've got our GC last Dec. 2006 and wanted to work overseas.

Is there will be a problem to work overseas with every 3 or 6 month vacation?

Need everybody's comment.

victorce79

[laborvisalaw]

Congrats on your GCs!

You can take the foreign location assignment at any time, there is no restriction. However, you should note that being outside the US may impact, in the worst case, your ability to keep the green card and, in the best case, your naturalization prospects.

Generally, if you are outside of the US for an extended period (more than one year) you may have difficulty in being admitted in the U.S. upon your return based on abandonment. This is why in similar cases we recommend applying for a reentry permit which will allow you to return to the US after a temporary presence abroad. The reentry permit has a 2-year expiration from the date of issuance, so if you are planning to be abroad between one and two years, reentry permit is the way to go. While the presence of such permit is not guarantee of admission after a lengthy absence from the U.S., it will be a strong evidence of your intention not to abandon your green card status. The point-of-entry officer will also likely look at other factors that may have determine whether there was abandonment - e.g. property, purpose of the trip, etc.

Also, very new regulations by USCIS, as of March 5, 2008, require you to file and submit to biometric inspection before you leave the U.S. See here. Thus, you will have to file, wait for the biometrics to be taken, and then you may leave.

If you are outside the U.S. for more than 1 year and you do not obtain the reentry permit, you may be denied admission. In this case you will have to apply at a consulate abroad for an immigrant visa and travel with it and be readmitted as legal permanent resident in the U.S.

Also, absence from the U.S. for an extended period will affect the timing of your naturalization, in case you plan to go for it.

Hope this helps. Best of luck!

[silee77]

Originally Posted by laborvisalaw

Congrats on your GCs!

You can take the foreign location assignment at any time, there is no restriction. However, you should note that being outside the US may impact, in the worst case, your ability to keep the green card and, in the best case, your naturalization prospects.

Generally, if you are outside of the US for an extended period (more than one year) you may have difficulty in being admitted in the U.S. upon your return based on abandonment. This is why in similar cases we recommend applying for a reentry permit which will allow you to return to the US after a temporary presence abroad. The reentry permit has a 2-year expiration from the date of issuance, so if you are planning to be abroad between one and two years, reentry permit is the way to go. While the presence of such permit is not guarantee of admission after a lengthy absence from the U.S., it will be a strong evidence of your intention not to abandon your green card status. The point-of-entry officer will also likely look at other factors that may have determine whether there was abandonment - e.g. property, purpose of the trip, etc.

Also, very new regulations by USCIS, as of March 5, 2008, require you to file and submit to biometric inspection before you leave the U.S. See here. Thus, you will have to file, wait for the biometrics to be taken, and then you may leave.

If you are outside the U.S. for more than 1 year and you do not obtain the reentry permit, you may be denied admission. In this case you will have to apply at a consulate abroad for an immigrant visa and travel with it and be readmitted as legal permanent resident in the U.S.

Also, absence from the U.S. for an extended period will affect the timing of your naturalization, in case you plan to go for it.

Hope this helps. Best of luck!

-
Laborvisalaw,

Thank you so much for your clear and detail information about this issue. The memo dated March 5, 2008 talks about travel documents under I-131...I thought this was for Advance Parole applicable to I-485 applicants waiting for approval of GC. Does this apply to people who already had their I-485 approved?

Thank you again for your time and knowledge sharing!

[laborvisalaw]

Yes, it does apply to people with I-485s approved. I-131 covers not only AP but reentry permits and the biometric requirements apply.

[silee77]

Originally Posted by laborvisalaw

Yes, it does apply to people with I-485s approved. I-131 covers not only AP but reentry permits and the biometric requirements apply.

--
OK, thank you very much!

[victorce79]

what about every 3 or 6 months having a 15 days vacation here in the US, no abandonment, categorized as a contract worker only, is it the same to apply for a re-entry permit?

Thanks,

victorce79

[laborvisalaw]

You can do that, but the cost of travel to the U.S. every six months or so, in all likelihood, will be way higher than applying for the re-entry permit.

[victorce79]

it will be company paid all expenses as a contract worker, family status and or single status say 3/15; 3 months work 15 days vacation.

i will represent the co. and introduce a new product in construction.

Do you think I still need a re-entry permit?

Thanks,

victorce79

[TheRealCanadian]

Originally Posted by victorce79

what about every 3 or 6 months having a 15 days vacation here in the US

If you are merely visiting the US, then by definition you have abandoned residence.

[hannah2]

Originally Posted by TheRealCanadian

If you are merely visiting the US, then by definition you have abandoned residence.

Yeah, you shows not much loyalty to US. How many years you might doing that? You should have regular transactions in US then like paying taxes or active bank accounts.

[victorce79]

a contract worker is not abandoning the residency. it is only for work. a tax free income will apply, but you have to declare your income. for a period of 2 yrs. with x 2 pay equivalent is enough and start again from zero counting for naturalization.

my lawyer advice me to apply for re-entry permit good for 2 yrs.

i had work as a contract worker for 13 yrs. before.

thanks a lot for your comments.

victorce79

[Jackolantern]

Originally Posted by TheRealCanadian

If you are merely visiting the US, then by definition you have abandoned residence.

However, a vacation in one's home country (now the US) isn't necessarily a "visit", it just means one is not working during that time (the poster didn't say "visit"). Before I came to the US in H-1 status, I was on a contract working in another country, and I spent my vacation time in my home country. And when I had an H-1, I also spent most of my vacations outside the US in my home country.