Working in India after becoming a US citizen

wellsfargo · Post by **wellsfargo** » Sat Jul 14, 2012 3:00 pm

My situation is little wierd. I have applied for my US citizenship when I am working in India. I have an approved N470, 3months residency in the district and 30+ months of physical residency. I am going for my interview next week and hopefully I will clear it as there is little subjectivity over there.

As I am employed by my employer in India, what will be my work status immediately after I acquire my US citizenship. Do I need to resign from my Job until I get a valid work permit(PIO/OCI etc).
What are various options available for me to get to India quickly and resume my job after the oath. The following options are available..
1. Travel back on Indian passport. Not tell anybody at my work place that I have a US citizenship and apply for a OCI card/surrender certificate in India at leisure.
It says in SF consulate web site that it is illegal to travel beyond 3 months on an Indian passport. So technically there is nothing illegal if I travel with in 3 months of getting US citizenship. How do I get legal help to explore this option. Will they ask me for my legal status in India when I apply for OCI in India.
2. Take a business/entry visa and apply for OCI in India. I will not tell my employer about the change. I will not tell in the OCI card application that I am employed. I know this is illegal but you will not get caught.
3. Stay in the US for 3 weeks, work from US without telling the employer about the citizenship change and apply for PIO and return back (same as option 2, something illegal happening)
4. resign from work, come to India or stay in US and apply for valid work permit.

I exactly know how such gap situations are handled in US for OPT, H1, GC candidates. I am not sure of the rules in India. I don't know of immigration lawyers in India not do I know where I need to search for these rules. I guess there might be someone who went through this situation. Any pointers will be helpful Isn't there anyone who got their foreign citizenship while working for their Indian employer..

ak4net · Post by **ak4net** » Wed Aug 01, 2012 3:03 am

Wow...your situation is not that weird...I am in exactly the same spot ..just perhaps only a few days behind. I am working in India and have N-470 and going for natz interview on 10th August....and grappling with the same issues...
Can you please please let me know what you find out?
One option I thought was to get same day USPassport after oath and then renounce India PP and apply for employment visa simultaneously..The employment visa can be used to enter India with USP and then OCI can be applied in India... this of course requires help/ support of employer which I can get...but does require longer stay on US soil...and is more expensive (Visa then OCI)...
also this does not address the issue that there is the "exposure" of x days between oath and getting the visa ...while being employed by Indian company ...but while being on US soil...to me that seemed like OK ..?!?

raofamilyrox · Post by **raofamilyrox** » Thu Aug 16, 2012 4:07 pm

we just returned from US. we got our naturaliztion in mid July. My husband was already working in India. so once we got naturalized, we applied for our same day passport which was no problem at all. thereafter we immediately applied for his employment visa. since we had time, we referred the travisaoutsourcing.com website, which comprehensively details all the docs you need for the visa. he put together everything and we applied for the visa in washington. believe it or not, we got the empl visa in a day. and thereafer i applied for the entry visa for me and my daughter. everything was perfect on time, and we are now in Gurgaon.

ak4net · Post by **ak4net** » Sat Aug 18, 2012 1:22 am

raofamilyrox;470713we just returned from US. we got our naturaliztion in mid July. My husband was already working in India. so once we got naturalized, we applied for our same day passport which was no problem at all. thereafter we immediately applied for his employment visa. since we had time, we referred the travisaoutsourcing.com website, which comprehensively details all the docs you need for the visa. he put together everything and we applied for the visa in washington. believe it or not, we got the empl visa in a day. and thereafer i applied for the entry visa for me and my daughter. everything was perfect on time, and we are now in Gurgaon.

Excellent...I consulted more people after that post and got same approach as answer...thanks a lot for confirming it worked for you!!!!

One question- The "tax letter" or the "justification letter" for the employment visa ...can't remember which... has a weird clause which says that my employer will have to certify (among other things) that they will not hire more than 1% of thier workforce as expats....and this 1% cannot be more than 20 people!! Then it goes onto say that if it is >20 people but <1% (this is my case) then one should expect a delay !!! Can I please ask did you need to get this certification? If so what category did you fall in?

ak4net · Post by **ak4net** » Sat Aug 18, 2012 1:23 am

Oh and since we are so similarly placed and we are also in Gurgaon....please let me know if you are ok to connect in real life ...and if so we can exchange cell/ e-mail numbers on private message....

raofamilyrox · Post by **raofamilyrox** » Tue Aug 21, 2012 1:23 pm

I can check that for you. will have to go back to the documents deck..

ak4net;470921Excellent...I consulted more people after that post and got same approach as answer...thanks a lot for confirming it worked for you!!!!

One question- The "tax letter" or the "justification letter" for the employment visa ...can't remember which... has a weird clause which says that my employer will have to certify (among other things) that they will not hire more than 1% of thier workforce as expats....and this 1% cannot be more than 20 people!! Then it goes onto say that if it is >20 people but <1% (this is my case) then one should expect a delay !!! Can I please ask did you need to get this certification? If so what category did you fall in?

ak4net · Post by **ak4net** » Sat Aug 25, 2012 11:21 pm

raofamilyrox;471403I can check that for you. will have to go back to the documents deck..

Raofamilyrox...can you please check..? I am leaving for US for my oath soon (i/view completed in last trip) and would appreciate the additional tips/help...thanks

nish0357 · Post by **nish0357** » Sun Sep 09, 2012 5:52 pm

Hi, I was looking for this information. I am in the same boat as well. We r2i and I started working with the same American company. I have approved N470 as well as re-entry permit. I came to know that we can get naturalization while working in India. I fulfill all the naturalization requirements but still have doubt on 90 day residency requirement.

[LIST=1]

First of all has someone successfully got naturalized while working in India on approved N470 and re-entry permit? I am planning to come to USA for biometrics and interview/oath.

We were staying in the same jurisdiction before r2i for 4+ years. Does it meet residency requirement.

How was your interview experience? What kind of documentations, do you guys took for an interview?

How long does it takes for Indian visa?

Any useful tips?
[/LIST]
Appreciate your help. Thanks!

nish0357 · Post by **nish0357** » Thu Sep 13, 2012 2:12 pm

Can someone please reply. Thanks!

nish0357 · Post by **nish0357** » Wed Sep 19, 2012 12:29 pm

I will appreciate if someone can provide their experience. We are planning to start the process soon. Thanks a lot!