Maintaining EB-2 Based GC


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I would like to stay abroad in my home country over next year due to my parent’s medical condition. While doing so, ideally, I’d like to ensure that I don’t jeopardize my continuous stay situation and be able to file for my US citizenship.

What are my options?

Things I have thought about,

1) Setting up a LLC in USA that would do export business in my home country and set up an off-site office in the home country and stay there to run the business. Is it a feasible option, if yes, what all do I need to do to ensure any or all points are considered to ensure safe Port of Entry (POE) reentry as well as maintaining my continuous stay for US citizenship?

2) Working for a US employer’s off shore office in the foreign country.

a. How does this work?
i. Do I have to be employed by a certain size company?
ii. Does the company need to have revenue in the foreign country?
iii. Should the company be paying me salary, if yes, should it be in USD or INR? Is there a requirement for it?
iv. What other precautions are necessary?

3) Third and last option…
a. Just leave the country by filing re-entry permit? Would I be questioned for my extended absence on the reason for medical care for parents?
b. What if one just leaves the country without filing a reentry permit and has to stay beyond a one year period abroad prior to reentry attempt again?
c. Since my GC is based on employment based EB2, do I have any obligations to meet for my employer as well as USCIS in maintaining my GC status?
d. What other precautions are necessary?

4) What if the dependent of an employment based GC holder has to leave the country in an emergency such as parent health care issue on a short notice and doesn’t have a chance to file for reentry permit?
a. Does it affect his or her reentry beyond one year of stay abroad?
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