Relocating to India on green card - 401K, social security, long term status

[niel2000]

I am a single parent of a 4 year old US citizen. I am on green card for last 1.5 years.

Due to passing of my wife, best way forward seems to be moving to india permanently where my extended family resides.

 

I have my life savings in 401K in US.

 

I was in US for 467 days continuous, then went to india for 50 days and now back in US. I will only be qualified to file for citizenship in Sept 2018 (5 years on green card).

 

1. If I give up green card when in India, US taxes 30% at retirement and India taxes retirement savings too. It seems like there IS double taxation in this case despite the treaty. Does anyone know for sure?

2. If I apply for re-entry permit and N470 lets say in June 2015 and I return back to US in May 2017 and then stay till Sept 2018, I would have stayed in US for 937 days in 5 years before application. Is that ok or that's not how it works?

3. In India, I will be working for same company but as Indian employee and I might change jobs too. Do I qualify to apply for N470?

4. I have completed my 40 quarters of social security. If I am not green card holder at retirement, and am in India, do I get my social security benefit?

[pontevecchio]

1. Once no longer a permanent resident, your US Tax obligations cease and any tax on your transferred savings are a subject best discussed with an Indian CPA.

 

2. The instructions for form N470 on the USCIS site are very specific and clear.

 

3. A subject best discussed with your company.

 

4. Yes.