WORK OUTSIDE THE US

[AlexFlorida2010 0]

Hello,

I just spoke with a USCIS representative and they have confirmed the following:

- a green card holder can work outside the US

- You of course need to declare your foreign income in your US tax return

- If you do not intend to stay outside the US for more that 12 months COUNTINOUSLY, there is no need to apply for a re-entry permit

Can someone please confirm from her/his experience what above?

I have been offered a job overseas but my wife and kids (all US citizens) will remain in USA and I will visit them at least once every two months for a period of 3-7 days each time.

Thanks!

Alex

[Inky 1,111]

Constant leaving and re-entery can be seen as abuse of the GC and can be revoked by the customs officers if they see fit.

[JohnR! 5,495]

Hello,

I just spoke with a USCIS representative and they have confirmed the following:

- a green card holder can work outside the US

- You of course need to declare your foreign income in your US tax return

- If you do not intend to stay outside the US for more that 12 months COUNTINOUSLY, there is no need to apply for a re-entry permit

Can someone please confirm from her/his experience what above?

I have been offered a job overseas but my wife and kids (all US citizens) will remain in USA and I will visit them at least once every two months for a period of 3-7 days each time.

Thanks!

Alex

You should have no issue as long as you are still living in the US, i.e. as long as your country of residence remains the US.

Edited August 23, 2012 by Gegel

[AlexFlorida2010 0]

Constant leaving and re-entery can be seen as abuse of the GC and can be revoked by the customs officers if they see fit.

Thank you for your reply.

Could you please articulate a little more? Where would be the abuse exactly? If I work abroad and I regularly declare taxes in US, and If I keep my US address and my wife and kids are living in Us

what is that immigration officers could object?

[akihon 129]

Thank you for your reply.

Could you please articulate a little more? Where would be the abuse exactly? If I work abroad and I regularly declare taxes in US, and If I keep my US address and my wife and kids are living in Us

what is that immigration officers could object?

A GC signifies intent to work and reside in the USA. with your job overseas, you clearly will not be living full-time in the USA and this may become a problem with the constant leaving and re-entering. It is possible that the immigration officers at border control will ask you why you leave and enter so often and you can tell them that you have a job overseas but your US citizen wife and children are in the US. No guarantees on whether they won't revoke your status or not.

I don't think it's so much the maintaining a US address and filing taxes.

Edited August 23, 2012 by mebbe

[AlexFlorida2010 0]

A GC signifies intent to work and reside in the USA. with your job overseas, you clearly will not be living full-time in the USA and this may become a problem with the constant leaving and re-entering. It is possible that the immigration officers at border control will ask you why you leave and enter so often and you can tell them that you have a job overseas but your US citizen wife and children are in the US. No guarantees on whether they won't revoke your status or not.

I don't think it's so much the maintaining a US address and filing taxes.

Noted. Still why is that when you call the USCIS contact number they just tell you that problems arise when you are outside the country for 1 year straight? Concerning taxes I actually thought that it was a very relevant

subject and the best prove of your intention to keep your resident status.

[Penguin_ie 5,996]

The issue is how long you will be working abroad- if you plan on doing this for 11 months or so, no problem, especially with the frequent visits back to the USA. But if you plan on doing this for longer than a year, even the frequent-but-short visits home to the family in the USA may not be enough.

[JohnR! 5,495]

The issue is how long you will be working abroad- if you plan on doing this for 11 months or so, no problem, especially with the frequent visits back to the USA. But if you plan on doing this for longer than a year, even the frequent-but-short visits home to the family in the USA may not be enough.

It the OP is being paid in the US and working abroad i.e. secondment, as seems to be the case, the USCIS is more lenient with the absences, because they are justified as being part of his job. So long as he keeps coming back stateside in the intervals he mentions he should have no issues.

They may have an issue if he has accepted a job overseas, under a foreign contract, which would be viewed less favorably.

Edited August 24, 2012 by Gegel

[akihon 129]

personally, I would avoid taking foreign job contracts until you have your citizenship. Like Gegel pointed out, if you were expatriated by a US company, you are likely to have less issues with your GC and border control. if this is a foreign company with a foreign contract, that will be a big yikes.

[AlexFlorida2010 0]

personally, I would avoid taking foreign job contracts until you have your citizenship. Like Gegel pointed out, if you were expatriated by a US company, you are likely to have less issues with your GC and border control. if this is a foreign company with a foreign contract, that will be a big yikes.

It's a US company but 8 years ago they have moved the HQ overseas together with dozens of US executives. My future boss is a US citizen as well. I mean this things happen all the time and my profile makes me a good fit for international assignments rather than making lattes in a local starbucks. I have asked to be enrolled in one of the US subsidiaries but they said no for budget reasons and besides it won't change the fact that my actual office is outside the USA.

The crazy thing is that if they take my GC away I will actually save thousands of $ of US income tax, which I am instead willing to pay.

It cracks me out when I read that one of the facebook founders gave up his US citizenship and moved to Singapore for the only reason to save tax money, and I am actually happy and proud to do the other way round.

[JohnR! 5,495]

It's a US company but 8 years ago they have moved the HQ overseas together with dozens of US executives. My future boss is a US citizen as well. I mean this things happen all the time and my profile makes me a good fit for international assignments rather than making lattes in a local starbucks. I have asked to be enrolled in one of the US subsidiaries but they said no for budget reasons and besides it won't change the fact that my actual office is outside the USA.

The crazy thing is that if they take my GC away I will actually save thousands of $ of US income tax, which I am instead willing to pay.

It cracks me out when I read that one of the facebook founders gave up his US citizenship and moved to Singapore for the only reason to save tax money, and I am actually happy and proud to do the other way round.

Are you seconded to the foreign location or is your contract foreign as well? If you're being seconded, you have no reason to worry. If you're going with a foreign contract your absences may be looked upon less favorably, because, if effect, you're living abroad and can't hold residence in two countries.

[AlexFlorida2010 0]

Are you seconded to the foreign location or is your contract foreign as well? If you're being seconded, you have no reason to worry. If you're going with a foreign contract your absences may be looked upon less favorably, because, if effect, you're living abroad and can't hold residence in two countries.

I need to look into it but most likely I am going to get the same deal as the other US expats. Not sure if they have a contract in USA and then they have been seconded to the foreign branch since that foreign location that used to be the subsidiary is now the HQ instead.

All I know is that my employer doesn't like the idea to incorporate me into the payroll of one of the US locations because i belong to the HQ cost center.

If they could do it I will definetively ended up pay way more taxes but that would not be a problem as long as I have the certainty that I won't have issues when crossing the border.

Last thing I need is that after being fussy and managing to get a US contract from the company, I end up with no GC due to too much time spent abroad.

If I could only get a straight answer from immigration, at least I knew how to properly handle the negotiation phase with my future employer.

[JohnR! 5,495]

I need to look into it but most likely I am going to get the same deal as the other US expats. Not sure if they have a contract in USA and then they have been seconded to the foreign branch since that foreign location that used to be the subsidiary is now the HQ instead.

All I know is that my employer doesn't like the idea to incorporate me into the payroll of one of the US locations because i belong to the HQ cost center.

If they could do it I will definetively ended up pay way more taxes but that would not be a problem as long as I have the certainty that I won't have issues when crossing the border.

Last thing I need is that after being fussy and managing to get a US contract from the company, I end up with no GC due to too much time spent abroad.

If I could only get a straight answer from immigration, at least I knew how to properly handle the negotiation phase with my future employer.

One indication would be where and how you would be paid. Will you still be paid in the US by a US company and paying into US benefits? If so, then your absence is work related.

A word of caution: when employers speak of 'cost centers' to justify making payroll in another country, they are taking you for a ride. You can belong to the cost center on the other side of the world and still receive your salary in the US, by the US branch of the company. In the end, what matters is where the money is coming from, not where it is being disbursed.

If they are using the cost center excuse to get you out of the US payroll, chances are you will get jipped with all your benefits in the US, including SS, disability and health & life insurance.

[Krikit 1,165]

A GC signifies intent to work and reside in the USA.

The above is incorrect. There are many many Canadians who live in the US and commute to work in Canada. I have done it myself. As long as you maintain your US residency and ties you're good to go. Gegel is correct in his information.

[gnasa 3]

Dear OP & others,

In my view, this type of situation is exactly what Re-Entry Permits are for and a little bit of insurance if one is suspected of abandoning residency. REP's are typically awarded for 2 years or until the date of expiration of your GC (whichever is earliest). A valid REP, as I understand it, prevents USCIS from using the time during its validity in it's assessment if you've maintained residency (a requirement of the GC). They can also be possibly renewed.

In order to apply for a REP you MUST be within the US during the application and during the biometrics appointment, but can travel as usual before-inbetween-after these 'times'. It is not 100% clear to me if biometrics can be postponed to a later date or if it's required to issue the REP.

You may also want to look into maintaining residency for immigration purposes. If you are out of US for >6 months, your residency time for citizenship resets to 0.

Hope this helps

Edited August 29, 2012 by gnasa