N 470 Related questions

[2BabyGirls]

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 state 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, 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?

If any experts are out there, please advise.

Thanks a lot

[sharmaramh]

just less than 6 months outside does not guarantees that you do not break continuity of residence or even considered abandonment of residence if you are taking job outside in foreign firm. if you have short gap between two trips the officer can combine them to may a trip - 6 months two trips with 10 days in between can be considered 12 months 10 days trip. So it safe to file N470, it can protect you in worse case in two ways - (1) you have proof that you are working for US company outside and have no intention to abandon your residence (2) even if your back to back trips are more than 6 months your continuity is not broken.

You should try for N470 if your company is American company does not matter where it does work. This what it states "is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation". So is you firm legit and registered in America ? I think you have burden to proof this that it legit firm that owned by American and pay taxes.

"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?"

You are correct.

"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."

It is little risky. But if your family stays in states, lease, and you pay taxes as resident should be fine. But you need good explanation at interview why you made so many and frequent trips. People can have that as part of their jobs such as aircrew members. But you need documentation that you did not break the continuity of residence. The ultimate risks is you may be considered breaking of the continuity and wait for 4 year 1 month to file again.