r2i forum

I am in a rather unique situation. I need to discuss my options with an immigration lawyer who understands India's immigration laws. Can someone recommend me a lawyer in Bangalore?

obelixr2i;477318I am in a rather unique situation. I need to discuss my options with an immigration lawyer who understands India's immigration laws. Can someone recommend me a lawyer in Bangalore?

Unlike western countries, India does not have an immigration policy to attract people from other parts of the world. If you are not an Indian by birth or descent, you need to apply for a Tourist, Business, Employment or Entry visa. There are few other options like student, missionary or Conference visa.

You may be the first person looking for an immigration attorney in India. You may want to check with any family attorney if you are married to a foreigner and want to apply a PIO card based on the marriage.

desipardesi;477329
You may be the first person looking for an immigration attorney in India. You may want to check with any family attorney if you are married to a foreigner and want to apply a PIO card based on the marriage.

Based on obelixr2i's posts elsewhere, he is a GC holder trying to get USC; he is applying from India and he still works for an US employer as US employee is what I gathered from his posts. So he must be searching answers based on this situation that there should not be immigration/residency problem from Indian side later for his employment.

Yeah, my USC interview is next month. Provided I clear it (I hope so, I haven't seen a N470 holder's application rejected yet), I need to figure out the options to return and continue my work.

The difference for me from others is I am still employed at the parent corporation and I want to maintain it that way (for equity reasons). So what I really need isn't a "transfer", but a legal way to work out of India.

The easiest option is PIO, but that's 2-4 weeks of extra stay in the US, may be that's the only choice. But I do read that Employment visa handles my situation as well. Just need a lawyer to clarify this and convert my English documents to legalese that supports this case.

IndiaMike referred me to this:

http://singhania.in/

It would be great if I can get the hold of an individual lawyer.

obelixr2i;477350Yeah, my USC interview is next month. Provided I clear it (I hope so, I haven't seen a N470 holder's application rejected yet), I need to figure out the options to return and continue my work.

The difference for me from others is I am still employed at the parent corporation and I want to maintain it that way (for equity reasons). So what I really need isn't a "transfer", but a legal way to work out of India.

The easiest option is PIO, but that's 2-4 weeks of extra stay in the US, may be that's the only choice. But I do read that Employment visa handles my situation as well. Just need a lawyer to clarify this and convert my English documents to legalese that supports this case.

IndiaMike referred me to this:

http://singhania.in/

It would be great if I can get the hold of an individual lawyer.

Is your employer registered in India?
Were you paying tax in US or in India now for your income? What is your current arrangement?

Employment visa is for foreigners working in India for a company registered in India or for a project executed in India. That's what the website says. From your employer they require documentation for employment contract or offer letter with salary specified, tax liability letter and so on registration information and resume and so on...

PIO is good allows you to work and you could get it in a week or less (one of friend got his in just two days from Chicago consulate, he picked it up manually including renunciation).

Is your oath on the same day as your citizenship interview or you need to wait? If it is same you could get your passport within a day or two citing urgent travel and apply PIO or Employment Visa for India.

Yes, my employer is registered in India, that's how I got the N470. I am paying tax in India (Advance tax) and in US :). Fed allows me to write off tax paid in India, but my state doesn't :).

If PIO is less than a week, that's what I need. The website said 2 - 4 weeks. It took 4 weeks for my kids. But if it's 1 week, I will get it there. But remember that PIO card is now outsourced to travisa.com.

I have prepared all the documents for employment visa, but I have many questions - it isn't really a transfer, but a way for me to work in India, so it isn't a new job offer, so the wordings have be to legalesed.

If it's too much of a hassle, I will suck it up and do the PIO.

All of this is assuming I clear the USC interview :~). And no, I don't know if my oath will be same day or not. Is there a way to find that out ahead of time?

srkpriv;477365Is your employer registered in India?
Were you paying tax in US or in India now for your income? What is your current arrangement?

Employment visa is for foreigners working in India for a company registered in India or for a project executed in India. That's what the website says. From your employer they require documentation for employment contract or offer letter with salary specified, tax liability letter and so on registration information and resume and so on...

PIO is good allows you to work and you could get it in a week or less (one of friend got his in just two days from Chicago consulate, he picked it up manually including renunciation).

Is your oath on the same day as your citizenship interview or you need to wait? If it is same you could get your passport within a day or two citing urgent travel and apply PIO or Employment Visa for India.

obelixr2i;477388All of this is assuming I clear the USC interview :~). And no, I don't know if my oath will be same day or not. Is there a way to find that out ahead of time?

Oath ceremony is scheduled once a month. From the USC interview - to the day I had US passport + OCI/PIO card, it took me several months. What is your calculation on this?

Thanks. Several months, eh?

Travisa says it takes 15 days to issue the PIO card. I have ruled out obtaining OCI while being in the US. I would apply for OCI when I am back in India.

https://indiavisa.travisaoutsourcing.com/pio/processing-times

Just got in touch with a lawyer at Fragomen in Bangalore. The lawyer says it can take 1-2 months to get PIO card in San Francisco :(. I have asked them to help me prepare documents to obtain my employment visa given my situation.

I am also trying to figure out when the Oath ceremony would be held in November in San Jose. Based on that, I can come up with a plan of action.

GutsyGibbon;477404Oath ceremony is scheduled once a month. From the USC interview - to the day I had US passport + OCI/PIO card, it took me several months. What is your calculation on this?

Looks like nothing should change in your case after you become USC except status in India. This you could solve by getting a PIO or OCI. PIO is the best in your case as that is quite faster.

Same day oath depends on the district office. Many offices may not do same day but would do a oath right after interview in a matter of days or week or something, but again, no guarantees though. Looks like SFO / SJC is scheduling in a month's time from interview date. Then you need to apply passport and then PIO. So, roughly 2 to 3 months process after interview (at low end it could all be over within a month too). Don't forget to update your SSN at the SSN office after you become citizen :)

Search for 'US Citizenship Tracker' in google (it will show you the trackitt site where you can see the n400 cases for your office. You can choose your district office and see how it moves).

If working in US until PIO is received is an option you could do that (PIO could take anywhere between 1 and 45 days though). If not, I would advice you to take the tourist/entry visa to get inside India and then apply PIO, assuming you have to be in India for family reasons.

obelixr2i;477388Yes, my employer is registered in India, that's how I got the N470. I am paying tax in India (Advance tax) and in US :). Fed allows me to write off tax paid in India, but my state doesn't :).

If PIO is less than a week, that's what I need. The website said 2 - 4 weeks. It took 4 weeks for my kids. But if it's 1 week, I will get it there. But remember that PIO card is now outsourced to travisa.com.

I have prepared all the documents for employment visa, but I have many questions - it isn't really a transfer, but a way for me to work in India, so it isn't a new job offer, so the wordings have be to legalesed.

If it's too much of a hassle, I will suck it up and do the PIO.

All of this is assuming I clear the USC interview :~). And no, I don't know if my oath will be same day or not. Is there a way to find that out ahead of time?

Right. Nothing changes for me.

If PIO takes 1+ month, it's a no go for me :(. The reason being, me and my wife are taking turns at the USC thing. She got finger printed today. One of us have to be home with the kids.

Thanks, yes, I saw the trackkit site. Looks like San Jose schedules one oath ceremony a month, so depending upon where your interview falls, it could be 1 week to 3 weeks :(. Just to make things interesting, this month they have two events (elections?), so I can't even predict the date :).

http://www.ci.campbell.ca.us/heritagetheatre/events.htm

They have also offered same day oath for rare cases, I am not sure if they will offer me that. If the oath is any longer than 2 weeks, I am planning to return to India and return back.

I spoke to a lawyer at Fragomen yesterday. She said the employment visa can apply to me - as in, I will continue to work for my US company, but still be able to visit the subsidiary and perform "work" that the business visa does not allow. They are going to take a stab at the documents.

Here's what I am thinking. If Fragomen comes up with such documents, I will attempt the Employment Visa first (hopefully within a week), if that fails, I will get the entry visa and enter the country, and go on a personal leave at work. Apply for PIO immediately and once PIO is approved, resume work. Does this make sense?

Wait - does my SSN change? Or just update my SSN to say that I am now a citizen?

srkpriv;477480Looks like nothing should change in your case after you become USC except status in India. This you could solve by getting a PIO or OCI. PIO is the best in your case as that is quite faster.

Same day oath depends on the district office. Many offices may not do same day but would do a oath right after interview in a matter of days or week or something, but again, no guarantees though. Looks like SFO / SJC is scheduling in a month's time from interview date. Then you need to apply passport and then PIO. So, roughly 2 to 3 months process after interview (at low end it could all be over within a month too). Don't forget to update your SSN at the SSN office after you become citizen :)

Search for 'US Citizenship Tracker' in google (it will show you the trackitt site where you can see the n400 cases for your office. You can choose your district office and see how it moves).

If working in US until PIO is received is an option you could do that (PIO could take anywhere between 1 and 45 days though). If not, I would advice you to take the tourist/entry visa to get inside India and then apply PIO, assuming you have to be in India for family reasons.