Working abroad with fresh GC

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silee77

Registered Users (C)
Hello fellow aliens,

Just a couple of days ago we (myself as primary EB2 applicant, my spouse and daughter) received the email about "card prodution ordered" from USCIS, so we are very excited and eagerly waiting for the actual plastic cards:D:):D:):D

I have also been seriously contemplating going on a 2-3 year foreign assignment/rotation with the same employer (actually, it is the same global firm but I will be on the foreign "member" firm's payroll). Is there a rule of thumb on how long one should wait, if any, to take on such assignment? What are the risks involved given that the GC was literally just approved?

Thank you much for your help with this issue.

Regards,
 
Well,

This issue actually highlights a problem for you: When you are a permanent resident you are expected to make the US a "center of life" for you. This also includes, but is not limited to, the requirement that you spend at least 6 months of every year in the US. If there are any exceptions to this, the situation you described does not qualify because you will not be directly working for, or directly paid by, a US company. Therefore, you are facing a situation rightfully described by a prominent member of this forum with the old saying "you can't have your cake and eat it too". Bottom line is that if you take this job abroad, you are risking your permanent residency. You have to decide what's more important to you.
 
jk0274 said:
Well,

This issue actually highlights a problem for you: When you are a permanent resident you are expected to make the US a "center of life" for you. This also includes, but is not limited to, the requirement that you spend at least 6 months of every year in the US. If there are any exceptions to this, the situation you described does not qualify because you will not be directly working for, or directly paid by, a US company. Therefore, you are facing a situation rightfully described by a prominent member of this forum with the old saying "you can't have your cake and eat it too". Bottom line is that if you take this job abroad, you are risking your permanent residency. You have to decide what's more important to you.
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Thanks jk0274 for your response. I do recall seeing that prominent member of this forum quoting that old saying about having the cake and eating it too. I also recall rebutting that analogy with the simplest of all concepts for all beings...when the tadpole becomes a frog, do you think it remembers having no legs?

When you wish you had a better paying job, do you really worry about the jobless people in the world? when you dream about getting a bigger home, do the homeless people make you feel guilty? As you hope your chidren will succeed in college, how about those poor couples that cannot even have a child...would they worry about education or just wish they had a child?

I mean, COME ON people, wake up!...there are so many more things to look forward to after the GC...that's what this is all about. Just because we got the GC, it shouldn't mean that we all just roll over and play dead? Is this really the end of your journey in life? Don't get me wrong, I do feel the pain of those who are still waiting to get their GC, but I am not harming them in any way, shape or form by pursuing my dreams...am I?

Just think about it guys...;)
 
OP there are laws.... Of course when you get a GC you can look on a professional development, bigger home, tennis lessons, college graduation of your child or your first grand child birth. But you have to be here in the US those 180 days and have this country as your primary residence.
GCs are not issued with a reason that you can put it in your wallet and move overseas and eventually come back and be eligable to find a work without additional permissions or perhaps file for citizenship.
 
silee77 said:
What are the risks involved given that the GC was literally just approved?
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The question was exactly that - what are the risks involved, and that is what I answered. I never said that the GC is the holy grail in life. What I said, I think correctly, is that a choice has to be made. That's all. I am the last person to pretend that the green card is a trophy or a solution to all life's problems. But if you settle abroad, you will likely lose your right to permanent residency in the US. How or if this affects your future plans is up to you.
 
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jk0274 said:
The question was exactly that - what are the risks involved, and that is what I answered. I never said that the GC is the holy grail in life. What I said, I think correctly, is that a choice has to be made. That's all. I am the last person to pretend that the green card is a trophy or a solution to all life's problems. But if you settle abroad, you will likely lose your right to permanent residency in the US. How or if this affects your future plans is up to you.
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If you are moving for less then two years try using reentry permit. It needs to approved before you move out.

If you stay out side more then year without renetry permit you will loose the green card. You have to start every thing fresh except you may use the priority date.
 
As tammy sez, you should file a re-entry permit. anytime you leave the country for more than 6 months, regardless of the ties you leave behind in US.

If you request a re-entry for more than a year, you will need to justify why it should be granted. Certainly, working abroad for a US compant (particularly your GC sponsor) will carry great weight.
 
nelsona said:
As tammy sez, you should file a re-entry permit. anytime you leave the country for more than 6 months, regardless of the ties you leave behind in US.

If you request a re-entry for more than a year, you will need to justify why it should be granted. Certainly, working abroad for a US compant (particularly your GC sponsor) will carry great weight.
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Tammy2 and nelsona,

Thank you very much for sharing your knowledge on this issue. I will have to do some hard thinking over the weekend to assess whether the risk is worth taking at this point compared with the opportunity and rewards...just like anything else in life.

:)
 
So you are clear, the issue with going abroad is NOT due to your recently acquiring GC. Since you will still be working for your sponsor (either directly or indirectly) there is no danger that the company would try to revoke your GC.

The issue you are facing is the same one ALL GC holders face, when wishing to leave US for an extendeed period.

The only truly safe time to do this, is when you have Natuarlized.
 
...also keep in mind that if you do obtain a Reentry Permit, and spend more than 1 year abroad, that time will count against the "continuous presence" of 5 years of US residency you need to be eligible to apply for citizenship - even if you don't lose your green card.
 
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nelsona said:
So you are clear, the issue with going abroad is NOT due to your recently acquiring GC. Since you will still be working for your sponsor (either directly or indirectly) there is no danger that the company would try to revoke your GC.

The issue you are facing is the same one ALL GC holders face, when wishing to leave US for an extendeed period.

The only truly safe time to do this, is when you have Natuarlized.
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nelsona,

You are absolutely correct - I have been thinking about doing this international rotation for a while (when I was waiting for the AOS approval for the last 21 months) and it is not due to me just getting the GC.

And yes, the firm that I work for has a "member" firm with the same name in that foreign location, so although I would be on that foreign location's payroll (and technically I am resigning from the US member firm), there would be no disgruntled employer at all that could cause problems.

I do understand your advice that there are risks involved with being outside of the US prior to getting the citizenship - I really appreciate your input; THANK YOU!
 
jk0274 said:
...also keep in mind that if you do obtain a Reentry Permit, and spend more than 1 year abroad, that time will count against the "continuous presence" of 5 years of US residency you need to be eligible to apply for citizenship - even if you don't lose your green card.
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great point jk0274...that's something to consider as well. So, if you are out for less than 6 months, then you can count that period as continuous residence in the US even though you were physically outside for that period of time?

Say, I got GC on 1/1/08 then stayed out for 6 months in 2009 and another six months in 2010. Can I claim 5 year continuos residence by the end of 2012or do I need to wait until 2013?
 
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