Preserving U.S Residency while working in India

B

balachandrannn

New Member
I got my Green Card in 2002 March. Since then, I have maintained continuos residency in the U.S (i.e, none of my stays outside U.S exceeded 6 months).

My company (U.S employer) is asking me to go to India and work in their Indian office(Indian operations of the U.S company) for the next 3 years.

If I go and work in the Indian Office for the next 3 years, is it possible to preserve my U.S residency to apply for Citizenship? Can I file N-470 petition
and preserve my U.S residency, while I work in India?

If filing N-470 is an option, do I need to be in the payroll of the U.S company while working in India?

What are the supporting documents needed for filing N-470?

Your help will be highly valuable for me.

Thanks,
-Bala Nair.
 
You have to qualify to file N470. ie you have to be doing certain kind of jobs/employment to preserve your residency. Thats the entire answer to your question. If you qualify for N470 (are you a clergyman/work for Fed Govt,research on behalf of the US govt, developer of foreign trade,international public orgn etc) then fantastic. If not tough luck, all residency rules apply (6 months CR, 30 physical presence)

Its good you are thinking about accepting a foreign offer wrt to Citizenship..
 
Just in the worst scenario, you can apply for 2 year reentry permit. I was outside u.s. for four years using two 2year reentry permit. But I could do it when it was good ole days. After 9/11, I doubt you still can do that. But, you can preserve your residency by entering u.s. every six months. I strongly recommend you to carry your employment verification all the time.
 
To be clear, the re-entry permit does NOT preserve residency correct?

And even if you travelled back every 6 months, they might question you at port of entry (they did this for me). So don't get flustered, just be calm and be prepared to explain your business situation abroad repeatedly.

Also, once the three years have passed, you need to take into account that while you may have maintained continuous residency, you may not meet the physical presence requirement to file the N-400. You need to calculate your days out of the USA very carefully to determin that. On the plus side, the re-entry permist allows you to apply with the 4 + 1 rule.

Ratrat
 
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