Applying for 3rd re-entry permit

[maverickr77]

My brother is a Green Card holder and works for a Fortune 500 company in a Mgmt position. Roughly 4 years ago his company asked him to relocate to India and he's been managing a team over there. He has been coming to the US every 6 months (or sooner) for the past 4 years. His Indian assignment is slated to continue for atleast another year - if not more. He owns a townhome, has US bank accounts etc - things that show that he has strong physical ties in the US.

He's been using re-entry permits over the past 4 years and has applied for it twice. The second re-entry permit is slated to expire in a couple of months. During his last US trip (earlier this month), he applied for the re-entry permit for the 3rd time and is awaiting a response on it.

However, during his last entry into the US the Immigration officer told him that he should decide quickly (in a matter of months) whether he want to return permanently to US or continue working on the long term assignment in India.

We're wondering to see if anyone else has been in a similar situation where they have been able to renew their re-entry permits 3 or 4 times while successfuly managing to maintain their Green Card while working outside US.

thanks in advance!

[abumiqdad]

My brother is a Green Card holder and works for a Fortune 500 company in a Mgmt position. Roughly 4 years ago his company asked him to relocate to India and he's been managing a team over there. He has been coming to the US every 6 months (or sooner) for the past 4 years. His Indian assignment is slated to continue for atleast another year - if not more. He owns a townhome, has US bank accounts etc - things that show that he has strong physical ties in the US.

He's been using re-entry permits over the past 4 years and has applied for it twice. The second re-entry permit is slated to expire in a couple of months. During his last US trip (earlier this month), he applied for the re-entry permit for the 3rd time and is awaiting a response on it.

However, during his last entry into the US the Immigration officer told him that he should decide quickly (in a matter of months) whether he want to return permanently to US or continue working on the long term assignment in India.

We're wondering to see if anyone else has been in a similar situation where they have been able to renew their re-entry permits 3 or 4 times while successfuly managing to maintain their Green Card while working outside US.

thanks in advance!

Can you ask him to check with his company if this applies to him?

Exception to Disruption - Working for a U.S. Employer Abroad

One of the exceptions to the disruption of residency for naturalization is when a resident works for a U.S. employer abroad. If you already have more than 1 year of physical presence after receiving your residency status, and you want to work abroad for a U.S. company you may be allowed to file a Form N-470 to prevent your disruption of residency. You must show the U.S. company is engaged in the development of foreign trade and commerce, See INA ? 316(b) ? (c). In order to qualify for the exception as an employee of a private U.S. employer, you will need to show either:
Your employer is a subsidiary of a U.S. company, where more than 50% of stock is owned by the U.S. company, or,
Your employer is a publicly held corporation that is incorporated in the U.S. and trades stock exclusively on U.S. exchanges, or,
Your employer does not trade exclusively on the U.S. stock market, but 51% of ownership is U.S.
Moving abroad to work for a private non-U.S. employer will require the resident to follow all of the abandonment and preserving naturalization rules outlined above.

[maverickr77]

Thank you very much for your response.

I forwarded this to my brother and he found out that unfortunately this wont apply to him because of the following stipulations for N-470

1) "One blocker for most people for qualifying is that you need to have had a period of one year since your green card was approved, in which you took no trips outside the U.S. (including one day trips to Canada or Mexico)."
He has always been travelling outside the US since his GC on work asssignments.

2) "This should ideally be filed before your departure from the U.S., but can be filed within one year of departure."

Can you ask him to check with his company if this applies to him?

Exception to Disruption - Working for a U.S. Employer Abroad

One of the exceptions to the disruption of residency for naturalization is when a resident works for a U.S. employer abroad. If you already have more than 1 year of physical presence after receiving your residency status, and you want to work abroad for a U.S. company you may be allowed to file a Form N-470 to prevent your disruption of residency. You must show the U.S. company is engaged in the development of foreign trade and commerce, See INA ? 316(b) ? (c). In order to qualify for the exception as an employee of a private U.S. employer, you will need to show either:
Your employer is a subsidiary of a U.S. company, where more than 50% of stock is owned by the U.S. company, or,
Your employer is a publicly held corporation that is incorporated in the U.S. and trades stock exclusively on U.S. exchanges, or,
Your employer does not trade exclusively on the U.S. stock market, but 51% of ownership is U.S.
Moving abroad to work for a private non-U.S. employer will require the resident to follow all of the abandonment and preserving naturalization rules outlined above.