Please help - going back to India for MBA after GC - urgent

T

tihomg

Registered Users (C)
Hi All,

I got GC in nov 04. I am planning to do 1 yr MBA in India starting Apr this year. Following the MBA I am planning to return to US for work, but if I dont find a job in US, I may have to work in India for few months (will definitely keep it less than one year). I would greatly appreciate advice on the following :

1. My GC sponsoring employer had laid me off six months after I485 appln and now I have been working with a new employer since 8 months (3 months since GC approval). Do I have any issues because of employment based GC and I am quiting current employer 3 months after GC. I have read other posts regarding this issue, seems like if one had used AC21 and switched jobs to a non-GC employer then this question is moot because employment with GC sponsoring employer ended long back.

2. If I make it a point to visit US once every 6 months and retain US address, bank account, file resident taxes, is it still advisable to file REP (re-entrancy permit)? Or would REP complicate my naturalization as I might have to explain my REP was filed. Basically am I better off just making once in 6 month trips or am I better of with REP?

3. Is education abroad a legitimate reason to file REP? Is it considered temporary.

4. Is full-time studying after GC considered a violation of the premise of EB GC.

Please help, I am in a fix and desperate to know the answers to above. I really value the time and effort spent by the members of this forum.

Thanks alot
 
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As you are staying abroad 1 years, you should get re-entry permit. It does not complicate your naturalization, but rather it's safer than other "tricks" (like coming back to USA after 6 months then going back again). For re-entry permit any reason is fine (whether it's study or job relocation) as long as it is temporary in nature. As you are going for MBA 1 years study, it's definitely temporary stay.

Fulltime study does not violate EB GC (especially when you were laid off).
 
what happens to my continuity for naturalization

Thanks for the response Pralay.

Gurus I have one more question, what happens to my conitinuity of stay for naturalization. I got GC in nov 04, now lets say i stay out of US for 6 months starting apr 05, come back for a week in oct. (before 6 months get over), then again leave for 6 months. When i come back to US after a year, would my citizenship clock reset? or would i have accumlated residence from nov-04 to april-06 (17 months)? I understand that one has to be in US for at least 2.5 yrs of the total five. If I stay conitnously for the next remainder of 43 months in US, would that be enough to file for citizenship?

Thanks in advance, I would really appreciate the input.
 
tihomg said:
Thanks for the response Pralay.

Gurus I have one more question, what happens to my conitinuity of stay for naturalization. I got GC in nov 04, now lets say i stay out of US for 6 months starting apr 05, come back for a week in oct. (before 6 months get over), then again leave for 6 months. When i come back to US after a year, would my citizenship clock reset? or would i have accumlated residence from nov-04 to april-06 (17 months)? I understand that one has to be in US for at least 2.5 yrs of the total five. If I stay conitnously for the next remainder of 43 months in US, would that be enough to file for citizenship?

Thanks in advance, I would really appreciate the input.
Click to expand...

If you come back before 180 days, it's not going to break your continuous residency of five years and you will be eligible to naturalization after you passed five years as GC holder. However, if you stay more than 180 days, it is going to break continuous residency and your 5 year clock resets from the day when you return to USA.
 
one last question

thanks dude, sorry for asking the same question again, but i want to make sure i understand it correctly.

If I am not away for more than 180 days in a single visit to India, even though I will be away for the most of the year, I should still retain my continuity. In other words a week long mid year visit during my year away studying in India should be enough. Right?

Thanks alot....
 
My 2 cents. Even though you manage to be here in US for a week or 2 before 180 day window, still you might have to face some tough questions during Citizenship Application process. So, it is probably better to get valid re-entry permit which would delay your naturalization process but is less cumbersome.

I know a case similar to what your are comprehending, who had issues (and is still trying to fight his case) during application process. During a 18 months period, he was out of US, he was back for couple of weeks every 5 months. But BCIS punched holes in his continuous residency requirement asking him explanations why this 18 months should not be treated as an intent to abandon PR and treat this stay as an "intent" only for the application of citizenship.... so watch out...

Remember, just by visiting US for couple of weeks every 5 or 6 months (but within the 180 day window) doesn't guaruntee to keep your PR status alive. This is true even if you pay your taxes every year in US. There should be a "Strong & Compelling" reason to support and validate your stay outside US for extended periods!

Hope this helps.

Cheers,
G


tihomg said:
thanks dude, sorry for asking the same question again, but i want to make sure i understand it correctly.

If I am not away for more than 180 days in a single visit to India, even though I will be away for the most of the year, I should still retain my continuity. In other words a week long mid year visit during my year away studying in India should be enough. Right?

Thanks alot....
Click to expand...
 
tihomg said:
thanks dude, sorry for asking the same question again, but i want to make sure i understand it correctly.

If I am not away for more than 180 days in a single visit to India, even though I will be away for the most of the year, I should still retain my continuity. In other words a week long mid year visit during my year away studying in India should be enough. Right?

Thanks alot....
Click to expand...

Technically yes. But as you are staying overall one year outside USA, you should obtain reentry-permit (even if you decide to have a week long visit after 180 days). Because, normally that kind of visit does not count for keeping PR status alive. "bvganesh" mentoned one of that kind of incident above. One week long visit after within 180 days can save you from breaking continuous residency, but it may not save you from PR status abandonment accusation (because tehcnically you will be one year outside USA).
 
pralay said:
Technically yes. But as you are staying overall one year outside USA, you should obtain reentry-permit (even if you decide to have a week long visit after 180 days). Because, normally that kind of visit does not count for keeping PR status alive. "bvganesh" mentoned one of that kind of incident above. One week long visit after within 180 days can save you from breaking continuous residency, but it may not save you from PR status abandonment accusation (because tehcnically you will be one year outside USA).
Click to expand...

Is there a web link which details all this info.?

Thanks
 
Thanks a bunch

Thanks a bunch guys for the info.

I will apply for REP. Any idea, how long before I get receipt? I cant leave before I receive the receipt right?
 
Magician said:
Thanks Pralay !! Do you know how much is waiting period when one applies for dual citizenship (after 5 years)?
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If your native country allows to have dual citizenship, then you can have dual citizenship, otherwise not. Many countries don't allow (including India).
See your local district office for naturralization timeline. Most of the offices, it's less than a year.
 
tihomg said:
Thanks a bunch guys for the info.

I will apply for REP. Any idea, how long before I get receipt? I cant leave before I receive the receipt right?
Click to expand...

Yes, you can leave USA once you receive your receipt. You don't need to wait for approval.
 
pralay said:
If your native country allows to have dual citizenship, then you can have dual citizenship, otherwise not. Many countries don't allow (including India).
See your local district office for naturralization timeline. Most of the offices, it's less than a year.
Click to expand...

Pralay,

I thought India allows dual citizenship

http://www.immigration.com/india/dualcitjan05.html

Is there any recent changes??
 
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