N470 Related Questions - On track to Citizenship

[govareddy]

Hello,

 

I'm looking for advice/feedback from experts on my status.

 

I received my GC on employment based category EB2 thru consular processing, and I entered the country in November 2013. So, my GC start date is 2 Nov 2013, and I'll be eligible to apply for Citizenship by November 2018.

 

Here are some details regarding my stay in the country after receiving Green Card.

 

1. Stayed continuously for more than 365 days at once.

2. Completed a stay 25 months out of required 30 months in five year period.

3. Have been filing, and will continue to file taxes as US resident. Will never claim status as non-resident.

4. I have bank accounts, 401K account, credit cards, apartment lease agreements, and I will continue to maintain them. 

 

Here is my current employment situation. I work for A US based IT services/consulting Company with operations in various parts of the world - India, Europe, Australia, South Africa, Middle East. In the next 2-3 years, my current role would require me to travel extensively to these locations to build teams, primarily India. I would be spending most of my time outside US, mostly in India.

 

I am aware of N470 and necessary conditions required. I assume that N470 is required when I expect to stay outside of the country for more than 365 days. But, I am pretty sure that I will never be outside of the Country for more than 6 months at a time. I will be coming to US at least once in every six months. As I mentioned above, I have completed 25 months of stay already, and I will be completing required 30 months before November 2018. 

 

My wife (on Green card, but might relinquish it) and kids (both US Citizens) will be staying in India, that way I can spend more time with them, as I will be spending most of my time there.

 

Should I apply for N470 or not? My reasons for asking are as below

 

1. I will be travelling to US at least once in 6 months. But it says N470 is required when I stay continuously for more than 1 year. But, what if an Immigration officer asks me why I was outside the country for 5 months? If I say that my job required me to travel, is that an acceptable answer? is it risky?

 

2. I heard that getting N470 approved is not easy. It states that 'employment purpose' should be one of the below conditions (excluding the other conditions that I don't qualify)

     * An American firm or corporation (or a subsidiary of that firm or corporation) where you engage in developing  the foreign trade and commerce of the United States

     * An American firm or corporation engaged in the development of foreign trade and commerce of the United States, where you protect the property rights outside the United  

       States of that American firm or corporation

 

Does working for a US based IT solutions/services company with operations outside of US sufficiently satisfy this condition? What are the chances of N470 getting approved?

 

3. Let's assume that I apply for N470. If it is approved, that would be perfect. But what if my N470 petition is not approved? what are my options? Can I still continue to travel and spend most of the time outside, but with each stay not exceeding 6 months? Or, will there be significant risk? Will immigration officials raise any red flag that my family is staying in US.

 

Please let me know if my understanding of N470 is correct? Am I missing any obvious points? Are there any precautions I need to take?

 

So, in a nutshell, he is my current plan.

Stay in US until May 2016. After that, travel to India on work, spending 4-5 months at a time outside of US and travelling to US after 4-5 months. Stay in US 1-2 months at a time and then travel back, continuing to do this until July 2018. By that time, my business travel would be done. I will come back to US in early August 2018, and initiate N400 process. 

 

If any experts are out there, please advise. 

 

Thanks a lot