Working from India after GC -- How to keep GC Live -- Please HELP !!!

A

anilmani

Registered Users (C)
Maintaining GC:

I got my I-485 approved but haven't received the plastic card yet.
I am currently in India on vacation; I have the temp GC stamp on my passport which is good
Till Nov 2007.
My company and I made an arrangement such that I can work from home in India for 6 months and
From our office in US for six month (on-site), they are ok with it.
I will get all the benefits and same salary while in India, so it's really cool with me.
I am planning to do this full time from India (12 months) and my company is ok with that.
My question is how it affects my GC, is there a provision where one is allowed to stay
Out side US for longer period as long as he/she is employed by the US Company and being paid
His US salary (Federal and state taxes etc)
Does any one have any experience doing something like this?
I really like to do this, as this am going to be great financially plus I will get to stay with
My mother too.

How many months of continuous stay do I need in US before filing for US citizenship.

Please provide your valuable suggestions.

thanks
 
You can take up TEMPORARY employment abroad with a clear ending date if you don't want to get your GC status jeopardized. Just visiting US is neve enough to preserve you GC, specially when you are working abroad. All the conditions of maintaining a permanent residency apply:


For Maintaining GC:
1) Temporary relocation abroad is OK, intent is very important. If the USCIS thnks that you decided to live abroad on a permanent basis, they will consider that you have abandoned the GC.
2) Always file US income taxes as a resident.
3) Maintain a house, apt, etc. to show ties to US.
4) Bank accounts, credit cards, utilities bills, etc to show that you didn't decide to live abroad permanently.
5) Take a rentry permit before leaving US, if can be back in < 1 yr. This will allow you to stay abroad for up to 2 yrs.


For Naturalization,
1) Travel abroad of < 6 mos is okay;
2) Travel abroad of > 6 mos, but < 1 year will put the burden on you to prove that it was still temporary, and you will have to show additional document in naturalization interview that you maintained substantial ties to the US.
3) Travel > 1 yr, but < 2 yrs, you will need a reentry permit, and will loose time for naturalization purpose.
4) 5 yrs residency after GC, 30 months physical presence in US.

Check the www.uscis.gov for more information.
 
Thank you so much for time and the detailed info you provided, I really appreciate it.

1) I am going to maintain US address for official communication ( IRS, INS, DMV etc), my uncle's home address.
2) I am going to file US Taxes every year as I am going to paid US Salary.
3) I am going to be outside the US for less than a year ( 6 to 7 months max per trip) each year.
4) I am going to keep broadband phone (vonage) and Cell phone which I use in India but no cable/gas/electice connection.
5) I am going to be working for a the same US based company that sponsopred my GC, and not taking employment outside US, so theoratically I am employed 12 months a year and paying Taxes 12 months a year.


are the above enough?

for Naturalization am I supposed to reside a total of 30 months after GC continuoisly or it can be any 30 months total ?

thanks again for your kind response.


sg_orl said:
You can take up TEMPORARY employment abroad with a clear ending date if you don't want to get your GC status jeopardized. Just visiting US is neve enough to preserve you GC, specially when you are working abroad. All the conditions of maintaining a permanent residency apply:


For Maintaining GC:
1) Temporary relocation abroad is OK, intent is very important. If the USCIS thnks that you decided to live abroad on a permanent basis, they will consider that you have abandoned the GC.
2) Always file US income taxes as a resident.
3) Maintain a house, apt, etc. to show ties to US.
4) Bank accounts, credit cards, utilities bills, etc to show that you didn't decide to live abroad permanently.
5) Take a rentry permit before leaving US, if can be back in < 1 yr. This will allow you to stay abroad for up to 2 yrs.


For Naturalization,
1) Travel abroad of < 6 mos is okay;
2) Travel abroad of > 6 mos, but < 1 year will put the burden on you to prove that it was still temporary, and you will have to show additional document in naturalization interview that you maintained substantial ties to the US.
3) Travel > 1 yr, but < 2 yrs, you will need a reentry permit, and will loose time for naturalization purpose.
4) 5 yrs residency after GC, 30 months physical presence in US.

Check the www.uscis.gov for more information.
Click to expand...
 
You should file for the reentry permit before leaving to India, just to declare you intent to return to US permanently. You may not need to the reentry permit, but it will be good to have.

Get a letter from you company stating the offer to transfer to India, and make sure it has a clear ending date, preferably in 2 yrs or less. If it turns out, you wnat to stay longer, then get another letter with a clear ending date for the assignment.

When traveling, never say that you are working in India. Always state that you are on a temporary working assignment in India for the company you used to work in US. Remember, as GC holder, the burden of proof is always on you to demonstrate that you haven't abandoned the permanent residence. If you keep coming back for short duration after long stay abroad, it will raise a red flag, and pretty soon you will be questioned more extensively in a secondary inspection at the POE.

For naturalization, you have to have physically stay for one half of the total duration ( 30 months out of 5 yrs) at the time you are filing the N-400 form. You also have to stay for a minimum of 3 months in the district office where you will be filing the N-400. If you want to apply for citizenship, then make sure you don't stay abroad on a single trip for more than 6 months, and definitely not over a year. Read closely, if you would qualify to file N-470, an application to preserve time for the naturalization purposes. It's extremely difficult to qualify.

Good luck!
 
Last edited by a moderator:
anilmani said:
Thank you so much for time and the detailed info you provided, I really appreciate it.

1) I am going to maintain US address for official communication ( IRS, INS, DMV etc), my uncle's home address.
2) I am going to file US Taxes every year as I am going to paid US Salary.
3) I am going to be outside the US for less than a year ( 6 to 7 months max per trip) each year.
4) I am going to keep broadband phone (vonage) and Cell phone which I use in India but no cable/gas/electice connection.
5) I am going to be working for a the same US based company that sponsopred my GC, and not taking employment outside US, so theoratically I am employed 12 months a year and paying Taxes 12 months a year.


are the above enough?
Click to expand...

The most important question, which the info provided by you above does not answer is this: How long do you plan to keep the above arrangement? Indefinitely? Or do you plan to come to the U.S. for good in a year or two?
 
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