325 days out of usa

D

dnbev1

Registered Users (C)
I am out of the country for 325 days. I made 4 trips. short ones are 15 and 20 days. Long ones are 175 and 120.

Will there be any problems in the getting the approval?
 
5 years = 12*30*5 = 1800 days

you have to be in USA 1800/2 = 900 days
you can be out for 1800/2 = 900 days (325< 900 ==> you re good)
no trip > 180 days == you re good.

Physical and continous residency are ok. good to go my friend.
 
GCman2005 said:
5 years = 12*30*5 = 1800 days

you have to be in USA 1800/2 = 900 days
you can be out for 1800/2 = 900 days (325< 900 ==> you re good)
no trip > 180 days == you re good.

Physical and continous residency are ok. good to go my friend.
Click to expand...

You have to use calendar years to calculate physical presence requirement, not 1 month = 30 days.
So 365*5=1825/2= 913 days in US in the last 5 years.
 
dnbev1 said:
I am out of the country for 325 days. I made 4 trips. short ones are 15 and 20 days. Long ones are 175 and 120.

Will there be any problems in the getting the approval?
Click to expand...

Are they back to back trips? If not you are 100% safe.
 
Bobsmyth said:
Working outside US for non-US company can be seen as break of residency ties even if the trip was less than 180 days.
Click to expand...

Right Bob, I assumed that OP has used all those trips for personal reasons/vacation only and has no other complications. :)
 
I was out from Jan - Jun ( 2008 ) and Jan - Apr ( 2009).

Though it was vacation, I was getting paid as I am an employee of my wifes company ( S-CORP).
 
I forsee no problems in your case, but an IO might have different ideas. Who vacations that much and still gets paid? :confused: I need such a cushy job too..:)
 
Cushy job? Easy!

That's easy Al Southner, do what dnbev1 did. Ask your wife to incorporate an S-corp company in US and become her employee. Then you can vacation as long as you like while being paid. At least till she kicks you out :)

Man, why didn't I think of this before?:confused:
 
VidhiVidhan said:
That's easy Al Southner, do what dnbev1 did. Ask your wife to incorporate an S-corp company in US and become her employee. Then you can vacation as long as you like while being paid. At least till she kicks you out :)

Man, why didn't I think of this before?:confused:
Click to expand...



Hi,

I am out of USA for 415 days out of last 5 years. Especially I moved to India to work for US Based Financial company on last Oct 1st 2008. After 4 months(i.e Jan 29) , visited NY for 10 days as a business trip (i.e less than 6 months ). Left on Feb 8th to India. Then now re-entered into USA on July 30th and still in USA as of today. Leaving this Sunday. I applied for citizenship on Aug3rd, it was received on Aug 4th, got finger prints for Aug 27th. Today completed finger prints in NJ. Leaving this Sunday to India. I will come for Interview. Expecting interview in less than 45 days. So, you should be fine.

Good luck.
-s
 
sridhy said:
Hi,

I am out of USA for 415 days out of last 5 years. Especially I moved to India to work for US Based Financial company on last Oct 1st 2008. After 4 months(i.e Jan 29) , visited NY for 10 days as a business trip (i.e less than 6 months ). Left on Feb 8th to India. Then now re-entered into USA on July 30th and still in USA as of today. Leaving this Sunday. I applied for citizenship on Aug3rd, it was received on Aug 4th, got finger prints for Aug 27th. Today completed finger prints in NJ. Leaving this Sunday to India. I will come for Interview. Expecting interview in less than 45 days. So, you should be fine.

Good luck.
-s
Click to expand...

One more thing...I moved as a EXPAT for this us based company. So, I can show to IO that I moved temporary (i.e 18 months contract to train people in India etc.,). I never applied for N-470 ( reentry permit etc., ) ...
let's hope i won't face any issues....if yes, what we can do ?????

If we don't get now, obviously we won't get later tooo...
 
sridhy said:
One more thing...I moved as a EXPAT for this us based company. So, I can show to IO that I moved temporary (i.e 18 months contract to train people in India etc.,). I never applied for N-470 ( reentry permit etc., ) ...
let's hope i won't face any issues....if yes, what we can do ?????

If we don't get now, obviously we won't get later tooo...
Click to expand...

This back and forth travel pattern of trips just under 6 months along with the fact you're working in India without an approved N-470 might be an issue and you may be required to provide additional evidence of US residential ties.
 
You must log in or register to reply here.
Top