Just sent out 751 and need to leave us for 1-3 years

[philipo 5]

Hey awesome people, 

 

complicated situation. I received my conditional greencard (May 2015)through K1. I sent out 751 removal of conditions a few days ago, my job wants me to work overseas for 1-3 years approximately. What do I do?  I got confused reading about the n-470 and I-131 I dont know if I should file for both or just one. The company I work for is an outsourcing company, call center globally ( US company). My concern is I dont want to loose my greencard. I can travel every year to the US to make sure I dont lose it, but what do I do and what should I file before leaving the country. I will have a PO box here because the ultimate goal is to come back to the US, im not abandoning my greencard or anything. I am leaving temporarily ( 1-3 years). Please help,  the company expects me to move in a few months. 

[Cadence 20]

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident#abroad

 

Forms-wise it looks like you need an approved I-131, and then when you're overseas, apply for SB-1 (returning resident visa) at a US embassy or consulate. You file n-470 if you want to not "lose" residency time for the purposes of obtaining citizenship, but it's not what you need to be able to re-enter the country. 

 

How soon does your company want you to leave? Can it wait for your biometrics appointment? Is your spouse planning on keeping track of your appointment notices from USCIS? What if you get an interview, will you be prepared to travel back to the US on time for that?

[caliliving 606]

30 minutes ago, philipo said:

Hey awesome people, 

 

complicated situation. I received my conditional greencard (May 2015)through K1. I sent out 751 removal of conditions a few days ago, my job wants me to work overseas for 1-3 years approximately. What do I do?  I got confused reading about the n-470 and I-131 I dont know if I should file for both or just one. The company I work for is an outsourcing company, call center globally ( US company). My concern is I dont want to loose my greencard. I can travel every year to the US to make sure I dont lose it, but what do I do and what should I file before leaving the country. I will have a PO box here because the ultimate goal is to come back to the US, im not abandoning my greencard or anything. I am leaving temporarily ( 1-3 years). Please help,  the company expects me to move in a few months. 

if you leave more then a year you abandon it, so you will need to refile.. i would not work outside the usa without a US passport in hand (especially with everything going on). 

if you want to leave and risk it, by all means do it.. are you still married? where is your spouse going? 

[Hypnos 6,576]

File an I-131 and obtain a re-entry permit. 

 

Maintain US residency (file federal income taxes, maintain a residence/mailbox/insurance policies, etc.) and an SB-1 shouldn't be necessary. 

 

You probably wouldn't get an SB-1 approved anyway. 

Edited February 11, 2017 by Hypnos

[f f 725]

find a new job. ask yourself a few questions. is a call center job worth moving ocerseas and potentially losing your residency? are they paying you less and asking you to move overseas? is the company treating you fairly by asking you to move overseas? you don't need to answer them for us just think about them. how will you get work authorization to work in the other country, that is not the type of job the foreigners need to be imported for.

 

coming to visit the us will not allow you to keep your green card you are supposed to live in the us a visit other countries.

Edited February 11, 2017 by f f

[milimelo 4,481]

~Moved to Removing conditions forum. ~

[philipo 5]

yes I am still married, and my wife will come with me, it's a great opportunity for me to have international experience for the company I work for. I just want to make sure I wont lose my GC, so the I-131 will allow me to be overseas for 2 years without losing my GC? 

[jan22 3,056]

10 hours ago, Cadence said:

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident#abroad

 

Forms-wise it looks like you need an approved I-131, and then when you're overseas, apply for SB-1 (returning resident visa) at a US embassy or consulate. You file n-470 if you want to not "lose" residency time for the purposes of obtaining citizenship, but it's not what you need to be able to re-enter the country. 

 

How soon does your company want you to leave? Can it wait for your biometrics appointment? Is your spouse planning on keeping track of your appointment notices from USCIS? What if you get an interview, will you be prepared to travel back to the US on time for that?

Sorry, but this is bad advice.  An SB-1 is not appropriate and would not be approved -- it is for someone who has remained outside the US for more than a year for reasons that are outside their control (e.g., in an accident and unable to travel, a MI or whose parents kept you outside the US, etc.).  Choosing to work outside the US (unless it'seems something like being in the military and ordered to do so) is not beyond your control.  You need to apply for a re-entry permit prior to leaving the US.

[Ketsuban 1,034]

Personally, I wouldn't do it. Not with what's going on. I know you're not from one of the 7 countries but this just seems like playing with fire. I wouldn't jeopardize my residency status for anything. There are other jobs out there.

[caliliving 606]

yeah, i would not do 

1 minute ago, Ketsuban said:

Personally, I wouldn't do it. Not with what's going on. I know you're not from one of the 7 countries but this just seems like playing with fire. I wouldn't jeopardize my residency status for anything. There are other jobs out there.

+1 i would not do this at all!  

tell your company you are not a USC and your visa does not allow you to work outside the country! sorry, it isnt worth the risk! i am sure u can get a better new job where you are.  

[Hypnos 6,576]

The OP didn't ask for any opinions on whether to take the job or not. 

 

A re-entry permit would allow you to remain outside the US for up to two years without automatically having the presumption of abandoning your residency, yes. 

[Boiler 45,541]

A re entry permit is additional evidence that you re maintaining the US as your Permanent Residence.

[MXcompadre 75]

Speak with your employers HR (Human Resources) Department and ask them to support you in complying with the essential required legal paperwork and filing since they will be responsible for out of the USA work reassignment.  If your employer has call centers located in foreign countries I am certain the corporate HR Department is adept at facilitating the handling of issues such as yours.  Best of luck in your new adventure!      

[caliliving 606]

1 minute ago, MXcompadre said:

Speak with your employers HR (Human Resources) Department and ask them to support you in complying with the essential required legal paperwork and filing since they will be responsible for out of the USA work reassignment.  If your employer has call centers located in foreign countries I am certain the corporate HR Department is adept at facilitating the handling of issues such as yours.  Best of luck in your new adventure!      

I would NEVER trust HR! they don't know much and definitely dont know immigration....

[philipo 5]

21 hours ago, Boiler said:

A re entry permit is additional evidence that you re maintaining the US as your Permanent Residence.

 

I am reading the form but Im not understanding which one I should select: 

 

Part 2 box a I am a permanent resident or a conditional resident of the US and I am applying for a reentry permit 

          box d I am applying for an AP document to allow me to return to the US after a foreign travel

 

Which one is more suitable in my case?