Job Opportunity - Will it work with my Greencard?

[Oban 1]

Hi all!

As some maybe know from the removal of conditions forum, I am currently trying to get the 10 year greencard. Under the assumption that all will work out I might have a new job opportunity in front of me.

Currently I am with a company here in the US, and also work in the US. This new opportunity would still be with a US company (out of Houston), but they would send me overseas for the employment (contract) period, which would be around 1 year.

To be more specific (not knowing if details make any difference):

I am in procurement and contract management. The job would lead me to Iraq and the Middle East as a civil contractor.

My concern is: I would leave the US for a long time, but don't want to have them take my greencard away. Or is it okay to leave for such a long time, because my US employer send me abroad?

I hope anyone here can clarify the legal aspect.

Regards,

Oban

[payxibka 10,044]

You may wish to get a re-entry permit before you leave in the event the job takes you out for one year or more...

google "maintaining permanent residence" to see what is required of you to maintain your residency during absences

[Oban 1]

I understand that a re-entry permit is needed if you leave because it is your own choice. But if you are employed in the US, and you live in the US, however your job requires you to leave I believe it is a difference.

The guys joining the armed forces are also sent overseas. Even some who are non-US citizen and only LPR. They have to leave for sometimes longer than a year. Would that not create a contradiction within the law?

[payxibka 10,044]

I understand that a re-entry permit is needed if you leave because it is your own choice. But if you are employed in the US, and you live in the US, however your job requires you to leave I believe it is a difference.

The guys joining the armed forces are also sent overseas. Even some who are non-US citizen and only LPR. They have to leave for sometimes longer than a year. Would that not create a contradiction within the law?

If you are military or a government contractor, exceptions always apply. I do not see a private employer exception

Edited February 12, 2010 by payxibka

[Oban 1]

So what about a company that is under government contract to support our troops, and you are employed with said company?

Based on what you are saying that means that in theory no private US company can send an employee who happens to be an LPR to a branch overseas for 1+ year (let's say to establish a new business branch in another country, etc).

[payxibka 10,044]

So what about a company that is under government contract to support our troops, and you are employed with said company?

Based on what you are saying that means that in theory no private US company can send an employee who happens to be an LPR to a branch overseas for 1+ year (let's say to establish a new business branch in another country, etc).

There are way to maintain your residency even if when you are absent for extended period of time.... One way is called a re-entry permit

In addition, always file your taxes

Edited February 12, 2010 by payxibka

[Oban 1]

Hmm... I see...

Okay, let me be more specific given the re-entry permit thing. How it would work in my case:

Assignment duration would be one year. During that year I would be in the Middle East, but with breaks. Meaning: 4 months over seas, one week back in the US, 4 months over seas, one week in the US, and so on and so forth.

So how would that work with a re-entry permit? I assume it would look weird when I am back in the US for one week every four months. What would be the best approach?

And in addition: if I do this whole job thing, would I kill my chances to apply for citizenship?

[payxibka 10,044]

Hmm... I see...

Okay, let me be more specific given the re-entry permit thing. How it would work in my case:

Assignment duration would be one year. During that year I would be in the Middle East, but with breaks. Meaning: 4 months over seas, one week back in the US, 4 months over seas, one week in the US, and so on and so forth.

So how would that work with a re-entry permit? I assume it would look weird when I am back in the US for one week every four months. What would be the best approach?

And in addition: if I do this whole job thing, would I kill my chances to apply for citizenship?

You don't need a re-entry permit because the re-entry permit is needed if the stay is contiguously outside the USA

[Kathryn41 3,205]

You may still want to have a re-entry permit, though. Your contract is for a year and while you currently expect the 4 months on, one week off, something might happen while you are overseas to change that. The majority of your year will still be outside of the US and the re-entry permit will be proof that your intentions are to maintain US residency during that year. The last thing you need is for some overly officious border official to comment that you are spending more time out of the US than in the US and that they think you have abandoned residency. Having the re-entry permit is insurance that proves your intentions. Sometimes it is just easier to do the obvious steps rather than hope that your circumstances will explain themselves, especially with some of the people who work the border. It may be a nuisance to get the re-entry permit but it will probably be a lot less hassle than if you are challenged for not having one.

edited - to correct 4 weeks to 4 months

Edited February 13, 2010 by Kathryn41

[Oban 1]

I understand. Thank you.

It actually is 4 months on, 1 week off. Not 4 weeks. Anyway though, the fact that I would be over there as civil contractor supporting the US troops should help (I hope!).

Any opinions?

[Brother Hesekiel 2,235]

Kathrin is, as always, spot on. Understand that the reentry permit was created for LPRs who have a good reason to be outside the US for a predetermined amount of time, yet have every intention to maintain their status. You'll be fine, since you are able to outline exactly how long you need to be abroad, and for what reason (being transferred temporarily by your US employer). Make sure you document all of this thoroughly.

[Boiler 43,596]

There is an exception for employees of US Corporations. Get your employer to sort it out for you.