Employment-based green card

[Roopsman]

Country of birth and citizenship: We are all Indian born and Australian citizens, with exception to my daughter, she is Australian born and Australian citizen.

 

Employment visa: I came to the USA in 2016 on the E3 visa, I am the main applicant, my husband and 2 kids (daughter is 18 years and son is 14 years old) are on E3D 

 

140 filing: Our 140 under EB3 was filed and approved in May 2018

 

Priority date: 07/26/2017

 

EB3 to EB2 upgrade: I am eligible now to upgrade, appreciate suggestions if I should upgrade to EB2

 

We are moving back to Australia this year and we have following questions related to green card processing:

1. If the priority date becomes the current filing date while we are overseas, can you still proceed with the green card process? If so, do I still need to be employed with my current employer throughout the time or can I rejoin any employer/same employer in the same role? Can this process be done even from Australia without all of us coming to the USA?
2. What will happen if the priority date is not current for the action date before she turns 21. What's the likelihood of her getting the green card prior to her turning 21, if the priority date becomes current this year, and we start processing. 
3. Can I still be in Australia from the filing date being current until the action date becomes current?
4. Once the action date becomes current, can we complete the process from Australia?
5. From the data the action date becomes current, how long do we have to initiate the process/paperwork?
6. Once green card is approved, do we all have to spend 180 days minimum every year or is there any exception that exempts from this rule (for example, in Australia once the PR is approved the applicant has up to 3 years where he/she doesn't have to comply to 180 days rule, after that he/she must otherwise they will lose their PR status)

[JoeF]

You are misunderstanding the "180 days rule."

As a US LPR you have to live in the US. The US is your home. You can temporarily, e.g., for vacation, be outside the US, but you can not live anywhere else. That means having Permanent Residency somewhere else is not compatible with US Permanent Residency and you could lose your US Greencard.

All trips abroad have to be temporary in nature. You could lose the GC after 1 day abroad if the trip is not temporary.

After 180 days abroad, the assumption is that you abandoned the GC. You'd have to convince the officer at the POE otherwise. After 1 year abroad the GC is considered abandoned, unless you have gotten a reentry permit before leaving. A reentry permit pushes the limit to 2 years.

Also, as a US LPR, you have to report your worldwide income on your US tax returns.