Travelling to India for 5 to 6 months on Business - after GC

A

anshul

Registered Users (C)
My company is planning to send me to India for 5 to 6 months ( not greater then 6 months) to work with our outsourcing partners in Bangalore and get the projects started there.

I got my GC two years back and have not travelled outside USA since. I have the plastic card. My wife who will also be going with me just got approved a month back. She has got her passport stamped and I have a daughter who is born in US.

During this period I am planning to give up my apartment and put all my belongigs in a storage. Can this become a problem with BCIS during re-entry.

Has anyone been to India after GC for a extended assignment. If yes please share your experinece as what what all documents the officer asked for at the POE , what all questions they asked.

My understanding is that if the stay is less then 6 months there will be no consequences on the status of my GC and later naturalization.

As I will be paid my salary here and paid cost of living in India, will this have any tax consequences in India?

Anshul
 
why no one replied to this question

no one replied

i would also like to know what to do
 
From the threads I have been reading in some Forums, there is no problem if you go outside for upto a year. If you are questioned regarding having maintained your residence in the US, you may have to provide your Credit Card details having shown that you have been maintaining them, as well as your Bank Account credits (like US Salary), Pay-slips, as well as any Utility Bills or other bills you have been paying in the US. This will prove that you had every intention to return to the US and maintain residence here.
I had spoken to my Attorney just last week regarding extended stay outside the US and in my case, maybe upto 2 years, so he has suggested that I apply for a Re-entry Permit in the US before I leave, since I will not be paying taxes here in the US and that is considered abandonment of your Permanent Resident Card. Once you get the Re-entry Permit approved, then you can stay for upto 2 years from the Approval date.
 
some more questions

I agree that u have to file ur US tax returns


i have other questions

a> can u abandon ur residence and move everything to
storage?? what address can u give for AR11 form
can u give ur friends address. I mean u r goin to be gone less then 6 months so it should be ok ??



b> what kinda documenation u need on ur way back??
 
I strongly suggest contacting your Immigration Attorney regarding this and posting it here. I have no reason to doubt what my attorney says. I do not think that you should be making your decisions based on some posts over here, but contacting someone who actually knows the laws and can give you a good answer.

I had contacted my Attorney and here is part of his email to me:

You can work in India for XXXXX; but if you pay taxes only in India, you will be considered non-resident alien for U.S. residence purposes. You will be considered to have abandoned your 'green card'. Even if you visit the U.S. once a year, you could be stopped the second time if you use your 'green card'.

The best way is to get a re-entry permit for 2 years, which will hold your option to return to the U.S. if things don't work out exactly the way you envisioned, or you get an irresistible opportunity here. If you don't wish to file for citizenship, then whether you stay 180 days, more, or less, should not be an issue.
 
There are no tax implications for upto 6 months

My company hired E&Y to get some answers on tax issues. In my scenario where company is paying US salary in US and expenses in India there are no tax issues for stay upto 6 months. I will continue to pay taxes on the US income here in US and expenses are tax free in US and in India. Regarding immigration and naturalization issues I am scheduled to talk to my attorney next week. I am pretty sure that there will be no issues for stay upto 6 months, but I will anyway talk to the attorney as the company is paying for it.
 
Spoke to the Attorney

This morning I discussed with my immigration attorney, the impact of my staying outside USA for the extended period of time, on my immigration status in USA. The outcome of the discussion is that I can stay outside the country for upto 1 year without any adverse effect on my immigration status, as long as I continue to have a job in USA, pay my taxes here and continue to maintain possessions here like bank accounts (which I will)..

This is what she had to say about staying outside USA for upto 6 months Vs 6 months to upto a year....

It does not matter whether you stay six or eight months as long as you are
not out of the country for a year and you maintain evidence of your lawful
permanent residence in the U.S.-tax returns, driver's license, bank
accounts, etc.. The only time that there would be a distinction is between
an absence of 180 days or less and 180 days or more for a lawful permanent
resident who has a ground of inadmissibility-criminal conviction, contagious
disease, security/terrorism etc. In your case, there should be no different
actions required for a 6 month or 8 month absence.
 
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