SB-1 Returning Resident Visa

[trishna]

Hi, I got my green card through my company in 2005. For the most part since then I have been working in their India office (except for a year in 2007-2008, I visit US 2-3 times a year). I have been with them for 15 years. Every time I was out for more than 6 months I always filed for a travel re-entry permit. My current travel permit expired on 27-July-2012. I was unable to travel prior to that since we were expecting our second baby - she arrived on 11-Jul-2012. Our initial plan was to move back to US in April/May time but I could not due to my father's medical condition and by the time the treatment was over my wife was in the advanced pregnancy stage and doctor's advised not to travel. We now want to move back permanently to the US as my parent company has offered a
full time position.

I have the following questions:
1. Since my re-entry permit ended on 27-Jul-2012 can I re-entry US? The last time I was in the US was in Dec-Jan 2012 so I haven't been outside the US for more than one year. Can I travel on an expired re-entry permit/but since my stay has been less than a year outside US. Also, I will re-enter with appropriate documents like pregnancy documents, father's treatment paper's etc. and I plan to re-enter in few weeks time
2. Do I need to file for SB-1 returning visa?
3. What are my chances of getting a SB-1 visa? What documentary evidence would I need to provide? I have been filing my tax returns in US regularly showing global income, have active bank, IRA, brokerage, credit card, driver's license and 401K accounts in US, have a sister in US whom I visit almost ever year, have friends there, I studied in the US, working for the same US multi-national for the past 15 years and traveling between the US and India offices, for all extended travel post LPR I always had a re-entry permit and also use my sister's address for all correspondence. Other than owning a house in US I feel I have done everything to ensure that I have never abandoned my ties.
4. However, looking at my travel history (all on VALID re-entry permits) due to employment in India (US multinational) I have been most of the time out of US since LPR. Will this be an issue during SB-1?

[kevinkallis]

Hi, I got my green card through my company in 2005. For the most part since then I have been working in their India office (except for a year in 2007-2008, I visit US 2-3 times a year). I have been with them for 15 years. Every time I was out for more than 6 months I always filed for a travel re-entry permit. My current travel permit expired on 27-July-2012. I was unable to travel prior to that since we were expecting our second baby - she arrived on 11-Jul-2012. Our initial plan was to move back to US in April/May time but I could not due to my father's medical condition and by the time the treatment was over my wife was in the advanced pregnancy stage and doctor's advised not to travel. We now want to move back permanently to the US as my parent company has offered a
full time position.

I have the following questions:
1. Since my re-entry permit ended on 27-Jul-2012 can I re-entry US? The last time I was in the US was in Dec-Jan 2012 so I haven't been outside the US for more than one year. Can I travel on an expired re-entry permit/but since my stay has been less than a year outside US. Also, I will re-enter with appropriate documents like pregnancy documents, father's treatment paper's etc. and I plan to re-enter in few weeks time
2. Do I need to file for SB-1 returning visa?
3. What are my chances of getting a SB-1 visa? What documentary evidence would I need to provide? I have been filing my tax returns in US regularly showing global income, have active bank, IRA, brokerage, credit card, driver's license and 401K accounts in US, have a sister in US whom I visit almost ever year, have friends there, I studied in the US, working for the same US multi-national for the past 15 years and traveling between the US and India offices, for all extended travel post LPR I always had a re-entry permit and also use my sister's address for all correspondence. Other than owning a house in US I feel I have done everything to ensure that I have never abandoned my ties.
4. However, looking at my travel history (all on VALID re-entry permits) due to employment in India (US multinational) I have been most of the time out of US since LPR. Will this be an issue during SB-1?

Apply for a SB-1 visa. You must submit supporting documents that show the following:

1.Dates of travel outside of the U.S. (Examples: airline tickets, passport stamps, etc.)
2. Proof of your ties to the U.S. and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)
3.Proof that your protracted stay outside of the U.S. was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.)