Re-entry Permit or SB-1 visa

[ctlimo]

We received our green cards a couple of months back. I now have an offer from a new company to locate to India. This company also has locations in the US. I am keen on the offer as it offers great prospects and quick growth and I may be able to relocate back to the US 2-3 years down the line. In this situation is it better to apply for a re-entry permit or go to India and apply for a SB-1 visa. My concern with the SB-1 visa is that a VO might think I have not spent enough time as a LPR in the US. Any pointers are appreciated. Thanks.

[Joe.F]

For an SB-1, the stay abroad would have to be prolonged to no fault of your own.

Rather hard to argue, since it would be you yourself who decided to take up the job.

As a PR, you have to live in the US. All stays abroad have to be temporary in nature.

Taking up a job abroad, and without a clear end date, is a strong indication that you abandoned the GC.

[ctlimo]

Thank you for those valid points. The new job is managing teams in India and US. Since the employee size in India is larger (think 500+) my presence is required in India. I will need to visit US on a regular basis for client/business meetings. 2-3 years down the line, if the company's plans hit the milestones, my presence would then be needed here.

I guess that is the crux of my dilemma and questions. I can go to the embassy in India and give up the green card for a B1/B2 visa. This gives me the possible savings on taxes and I maintain a clean immigration records. 2-3 years on, when my presence is required here, I can come back on a visa and apply for the GC in EB1 (international manager).

What if the US arm of the company hires me and then sends me to India on deputation. Does that make it easier?

[Joe.F]

Originally posted by ctlimo:

Thank you for those valid points. The new job is managing teams in India and US. Since the employee size in India is larger (think 500+) my presence is required in India. I will need to visit US on a regular basis for client/business meetings. 2-3 years down the line, if the company's plans hit the milestones, my presence would then be needed here.

Again, as a PR, you have to live in the US and your trips abroad have to be temporary.

If you visit the US, you without doubt have abandoned the GC.

As a Permanent Resident, you have to live in the US and visit abroad.

[timus]

1. File the travel document (I did too, and it might take about 4-5 months before you actually get it). It will have a validity of 2 years

2. Go take up job in India (I did in Canada), and if you could come back in 2 years, then you'll be good on your PR status, but if longer, then you can give it up, and the company can apply for L1A (since you're a manager).

3. You could come back on L1A, alright, but keep in mind that it doesn't automatically qualify you for EB1 category for PR. You'll need to be a manager abroad (India), AND in USA when you return.

However, if you're going to be making several trips to USA over the course of your employment abroad, I'm not sure if you can give it up PR after 2 years, and try to get L1A. This requires an attorney response.

thanks

Originally posted by ctlimo:

Thank you for those valid points. The new job is managing teams in India and US. Since the employee size in India is larger (think 500+) my presence is required in India. I will need to visit US on a regular basis for client/business meetings. 2-3 years down the line, if the company's plans hit the milestones, my presence would then be needed here.

I guess that is the crux of my dilemma and questions. I can go to the embassy in India and give up the green card for a B1/B2 visa. This gives me the possible savings on taxes and I maintain a clean immigration records. 2-3 years on, when my presence is required here, I can come back on a visa and apply for the GC in EB1 (international manager).

What if the US arm of the company hires me and then sends me to India on deputation. Does that make it easier?