absent over 6 mons/year but return to the US less than 6mons?

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CALVIN_LJQ

Registered Users (C)
I had a H1-b Visa& F1 (student) visa before I got my green card in 2010. But I was unemployed the most of the 2010 until I got a job offer in China, so I went there to work on Sept 2010. I came back to visit(10 days) my parents twice (one in Feb and one in July) in these 9 months. And I got a note “out 4mons” each time at the customs.

The custom officer told me that it is OK if I can return to the US every time within 6 months, but it’s better to a Reentry Permit (RP). And actually I am applying a Reentry Permit this time while I am in the US(I am having finger print appointment next week).

However, I heard some friends told me it would be an issue if I live in the US less than 180days in a year (which I did in this 2011). (question#1)Is it correct?

Question#2:
Even though I am applying RP now, I still may get the approval in about 4-6months. But I am leaving back to China for work right after the finger print, and will return to the US in this September, will it be a problem for me to come back to the US without a RP in September？

Any advice will be appreciated!
 
CALVIN_LJQ said:
However, I heard some friends told me it would be an issue if I live in the US less than 180days in a year (which I did in this 2011). (question#1)Is it correct?
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To maintain your green card, you're supposed to be primarily residing in the US. If year after year you are consistently spending more time outside the US than inside the US, that makes it appear that your primary residence is outside the US. If you have a reentry permit they generally don't bother you about this ... unless it's your second or third back-to-back permit and you're still traveling that much.

Question#2:
Even though I am applying RP now, I still may get the approval in about 4-6months. But I am leaving back to China for work right after the finger print, and will return to the US in this September, will it be a problem for me to come back to the US without a RP in September
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The length of the trip won't be a problem, as it's only 2 months from now to October. What might be a problem is the fact that you're working outside the US, especially if it is for a non-US company. Working abroad for a non-US company is very damaging to your chances of keeping your green card, if the work is indefinite ongoing employment, and not just a short-term contract with a specified end date.
 
Thank you Jackolantern for your answers!
Now I decided to go back to China in a week and then quit the job, do some traveling before returning to the US in September for good.(I may not get the RP at that time yet). Do you think it will be a problem in entering the US customs in Sept?

Thanks for any advice!
 
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