General Green Card

Recording for May 15, 2025, Conference Call with Rajiv S. Khanna

Immigration.com

Green Card

FAQs:

1. H-1B extension beyond six years. PD is now current. I changed employer. Options.



2. Employer deducted H-1B premium fee — Will this affect visa stamping or POE?



Other Topics :

Port of Entry (POE) risk for a green card holder with a concurrent employment history?

Question details

I had a green card and worked for two remote employers simultaneously for two years without knowing each other. Got two W2s for two years. But for the last year, working for only one employer. Planning on vacation outside of the country. Do I have any issues at POE because I am employed at multiple places at the same time?

 

Video URL
FAQ Transcript

A green card holder working two remote jobs simultaneously without their knowledge, receiving two W2s and presumably paying taxes, has likely committed a potential violation of their employment contracts (a civil matter), but it should not impact their green card status or ability to travel, assuming their overall green card history is clean.

Recording for March 20, 2025, Conference Call with Rajiv S. Khanna

FAQs: 

Others:

Mother's I-485 pending: Advance parole for travel to India - Will it affect filing? || Cap-exempt H-1B I-140/PERM, OPT employer (Upwork), STEM OPT use, and F-1 travel to Canada || Employer-sponsored NIW I-140, FOIA request, self-petitioning, and petition validity || F-1 OPT, cap-exempt H-1B, changing to cap-subject H-1B, and H-4 EAD timing || Can I get a new H-1B visa stamp after extension approval? Travel with two valid visas? || K-1 visa for Indian fiancé: Required documents, marriage after entry, and filing for green card/EAD/advance parole || K-1 visa processing, B-1 visa travel risks, timeline, and relationship evidence ||H-1B transfer approved - How long until payroll must start? What are my options?

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Immigration.com

Relocating to India with GC, how to apply for US citizenship?

Question details

We primarily have questions on relocation to India and possibilities.

My wife and I want to retain our Green Cards and eventually get US citizenship. We are just 3 years away from getting our US citizenship.

However, we want to relocate to India for our aging parents. We want to be able to relocate to India now for a few years (5 years), but we also don’t want to miss out on the citizenship opportunity when we are this close to getting our US citizenship. Is this even possible without the hassle of staying 6 months in the US and 6 months in India, and would there be any tax implications if one of us continues to work for the same employer in the US remotely from India?

We are aware that we can take 2 years' permission by filing Form I-131 and staying outside the US for 2 years. However, we need more than 2 years to stay outside the US. Also, the citizenship clock resets if we take this option. Is there a way to avoid this?

 

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FAQ Transcript

If you plan to relocate to India with a green card before obtaining U.S. citizenship, it can significantly complicate the naturalization process. To apply for U.S. citizenship, you must meet physical presence requirements: at least 2.5 years in the U.S. over the last five years and no single absence of a year or more. If you stay outside the U.S. for over six months but less than a year, you may need to provide an explanation.

A re-entry permit (Form I-131) allows you to stay outside the U.S. for up to two years without losing your green card, but it does not help with citizenship requirements. Form N-470 can protect your eligibility in limited cases, such as working for a U.S. company’s foreign branch, but it does not guarantee naturalization.

If you stay abroad for more than a year, you will likely need to restart your five-year residency requirement (or four years and one day if a re-entry permit was used). While re-entry permits can be renewed in certain cases, they do not protect your citizenship timeline.

Best advice: Obtain U.S. citizenship first and then relocate, as naturalized citizens can live abroad indefinitely without affecting their status. Please consult your lawyer regarding this.