taking employment outside of USA while in process of applying?

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camp12

Registered Users (C)
so here's a potential issue. currently waiting on my interview (got my fp date already).
my company has been merged. the new company offered me a position in an international office...i know i can probably stretch out my stay here til june/july, but i don't forsee my interview coming any earlier than august.

now- i'll be paid in local dollars, but it is with a US firm-- will this be an issue? i theoretically would ship out in june/july...work out of that office, then come back for my interview/oath/passport etc...

will this be an issue?

intent wise- it is to stay here long term- i own my house here, i have a car here, and both my parents/brother (naturalized citizens) are still here. i'll be keeping my credit cards/cellphone etc...here.

i've otherwise completed all other requirements...

my original plan entailed getting a nice severance, then travelling for a few months before coming back and getting my interview done. since i've been offered a new job- it seems like a lose lose situation. if i don't take the job, i don't get the severance pkg. and won't have a job. if i do get the job, i may lose my ability to get citizenship correct?
 
The only way it works is if you get an N-470 in advance. If not, you put your application at risk, because an open-ended job overseas (i.e. no fixed end date) leaves you open for denial based on demonstrated intent to abandon residency.
 
Bargain for the severance anyway. If they are giving other people severance without requiring them to relocate, you should be getting severance too even if you stay in the US. If you don't want to relocate, let them know you won't relocate because it will have high personal costs including jeopardizing your citizenship, among other reasons. It is unreasonable to expect anybody to relocate internationally to keep their job; if the choice is between no job and overseas job, that's effectively a layoff for most people.
 
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boatbod said:
The only way it works is if you get an N-470 in advance. If not, you put your application at risk, because an open-ended job overseas (i.e. no fixed end date) leaves you open for denial based on demonstrated intent to abandon residency.
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But isn't N470 for periods outside the US longer than 1 year?

on the other hand, it is important to get a job offer letter stating that your employment overseas is temporary and that you will be returning to the US once your assignment is complete.
 
blkhawk said:
But isn't N470 for periods outside the US longer than 1 year?

on the other hand, it is important to get a job offer letter stating that your employment overseas is temporary and that you will be returning to the US once your assignment is complete.
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isn't the n470 meant for those that haven't applied, and are still in the 3/5year residence period?

since i've already applied for citizenship and will essentially be waiting on interview date, then i'm not sure the n470 really applies does it...??
 
camp12 said:
isn't the n470 meant for those that haven't applied, and are still in the 3/5year residence period?

since i've already applied for citizenship and will essentially be waiting on interview date, then i'm not sure the n470 really applies does it...??
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It still applies as you must meet continual residency requirement up until oath.
 
blkhawk said:
But isn't N470 for periods outside the US longer than 1 year?
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You can certainly use an N-470 for periods less than 1yr, but technically you wouldn't need one IF you can prove you never intended to abandon your residency, AND your trip lasted less than 12 months.

An N-470 is however an excellent way to preserve residence, and eliminates all the uncertainty/any element of IO disbelief regarding proof of maintaining a residence when your case gets adjudicated.
 
camp12 said:
isn't the n470 meant for those that haven't applied, and are still in the 3/5year residence period?

since i've already applied for citizenship and will essentially be waiting on interview date, then i'm not sure the n470 really applies does it...??
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All eligibility criteria must be maintained all the way through the application, until the day you take oath. If for example, you case is delayed by 2yrs namecheck, you must continue to observer all the rules of Continuous Residence, Physical Presence and good moral conduct. In addition, if you are applying based on 3yrs marriage to a USC, you must continue to remain married to that USC, regardless of the time frame it takes to get to oath.
 
boatbod said:
All eligibility criteria must be maintained all the way through the application, until the day you take oath. If for example, you case is delayed by 2yrs namecheck, you must continue to observer all the rules of Continuous Residence, Physical Presence and good moral conduct. In addition, if you are applying based on 3yrs marriage to a USC, you must continue to remain married to that USC, regardless of the time frame it takes to get to oath.
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well, that REALLY blows.

so basically i can't take the job then if i want to become a citizen as planned?

if i do take the job i'd essentially have to re-start my 5 yr period when i got back?

either way it's a lose lose situation- take the job so i have income= lose citizenship, take citizenship= going to be out of a job and stress the hell out=/
 
As previously mentioned, the N-470 would help you overcome any suspicion of residency abandonment up until the oath if you decide to take the job.
 
Bobsmyth said:
As previously mentioned, the N-470 would help you overcome any suspicion of residency abandonment up until the oath if you decide to take the job.
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so i can go to my fingerprinting next month- then file the n470- head out to the job...then, come back when my interview date is and interview??

i guess the other 'grey' area question- what if i have the employer pay me USD - and simply ship me out to hong kong for the time being whereby i'm working on a short term project?

my bank acct would reflect usd, and for all intents and purposes i'm simply an international consultant....?
 
Even without filing the N-470 you shouldn't have a problem since

a)It's a US firm offering you an oversee assignment in US dollars
b)Your house (and mortgage) will remain in the US while you're oversees
c)Your immediate family (parents) will remain in the US
d) Your bank account and finances will remain in the US

Worst case scenario is that if your assignment oversees approaches 1 year and you hadn't had your interview or oath yet, you can always apply for N-470 at that time (before you officially break continuous residency requirement at the 1 year mark).
 
camp12 said:
is there a listing out there?

this company is definitely considered American...
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The determination if it is a US firm is based on ownership and the percentage (at least 50%) of US owned stock the company or subsidiary holds.

An important thing to remember if filing for the N-470 is :

1) you cannot have been employed with the US firm previous to you obtaining your permanent residency
2) you cannot have left the US at all during one full year after obtaining your permanent residency
 
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camp12 said:
this company is definitely considered american...
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If it is on the stock market, is it exclusively traded on US stock exchanges? If not, is it more than 50% owned by US citizens? I don't remember all the exact criteria and don't know where to find them right now, but those are the sort of conditions. Some companies that you think are American are actually headquartered in Dubai or the Cayman Islands and are owned mostly by non-Americans even though most of their employees are in the US.
 
Bobsmyth said:
2) you cannot have left the US at all during the first year of obtaining your permanent residency
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You only need to have one unbroken year of presence in the US since obtaining the green card. It doesn't have to be the first year or the most recent year.
 
Jackolantern said:
You only need to have one unbroken year of presence in the US since obtaining the green card. It doesn't have to be the first year or the most recent year.
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Yes, you are correct..one year of uninterrupted physical presence in the US after you obtain GC..it doesn't have to be in the first year of obtaining your GC.
 
Jackolantern said:
If it is on the stock market, is it exclusively traded on US stock exchanges? If not, is it more than 50% owned by US citizens? I don't remember all the exact criteria and don't know where to find them right now, but those are the sort of conditions. Some companies that you think are American are actually headquartered in Dubai or the Cayman Islands and are owned mostly by non-Americans even though most of their employees are in the US.
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traded on nyse- basically without going into it, it's as american as nike or microsoft (cept way older)...

as far as the 1 yr requirement- i've had my GC for 15 yrs- came over wtih my parents as a kid- went to middle/high/college here.....the past 5 years i've obviously taken vacations here and there, but for the most part no more than 3-4weeks per year out of the US (max)....just checked- btn end of 2001 and middle of 2003 i didn't leave the country (probbaly cause i was a poor just out of college kid)

based off of what's going on though, i don't think i need the n470- i think if i can get the employer to pay me (for the time being) in usd, then i should be finre....esp. since the rest of my life is here, and i'm theoretically only going there due to what happened at my present company and us being eaten up by the 'new' co...
 
camp12 said:
based off of what's going on though, i don't think i need the n470- i think if i can get the employer to pay me (for the time being) in usd, then i should be finre....esp. since the rest of my life is here, and i'm theoretically only going there due to what happened at my present company and us being eaten up by the 'new' co...
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You should be fine without N-470 as long as you stay less than 1 years oversees and that you are ready to provide document (US mortgage , US tax receipts, US bank account, and letter from employer) at the interview.
 
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