GC Retention advice:

N

nvcr

Registered Users (C)
My I-485 details are:
RD: 12/14/02
ND: 12/26/02

By God’s/INS/BCIS grace, hopefully my I-485 will be approved in the next one or two months. I am currently away in Tokyo on a 2 yr long-term assignment with a fly-back trip to USA once in two months. It did not matter so far because I am technically on H1B visa.

I heard that to retain GC status, the GC holder has to be physically present in the country for more than 6 months in a year. My company’s immigration specialist seems to think otherwise. She says “I think based on all of you having regular fly backs to the US, there is not going to be a need to file re-entry permits. The official rule is that if you are outside more than 365 days without a reentry to the US, you loose your PR status in the US. Again, because of your regular trips back home, neither of you should have any problems”.

Can you guide me to the appropriate INS website that talks about GC retention criteria and any other paper work that should be filed in the event the GC holder has to be away from the country for more than 6 months a year. Thanks in advance for your help
 
http://www.murthy.com/UDac21qa.html#1
Maintanning status
Question 4. How long can I remain outside the U.S. without jeopardizing my Permanent Residency Status? TOP

Abandonment of Intention to Maintain LPR status; a GC holder has to spend at least 6 months a year in the U.S. to maintain PR status. If one just makes a once-a-year or once-every-6-months visit to the U.S., it may appear over time that the person is spending more time abroad than in the U.S. and is living and working abroad, he or she is at risk of losing LPR status. If the person plans on an extended stay outside the U.S., it is possible to apply, before leaving the U.S., for a reentry permit valid for a maximum period of 2 years. Such a permit would greatly facilitate reentry to the U.S.
 
nvcr,

what company do you work for? i am also in tokyo on assignment and we have the same RD and ND!
 
Thanks amitgreen for your response. That info confirms my apprehensions. Thanks again
 
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