Entry visa and work

[obelix]

All

I am currently on a temporary job transfer to India and I work for my US employer from India. I still get my paycheck in the US. I have a N470 and I am going through the USC process. If my USC is approved, I understand I need to surrender my Indian passports and obtain an entry visa.

Now, am I allowed to come back and work with my Entry Visa? I am planning to apply for OCI immediately after I land in India.

[cafeconleche]

Legally, you cannot work. Will your employer check during the gap between being an Indian citizen and an OCI holder? I doubt it. Still, you might want to talk to the employer and see if you can, at least officially, be considered to be on leave during that time, or something.

Also, I did not realise you can apply for citizenship while you are abroad. The N470 preserves your residence for naturalisation purposes, but as far as I know, you must return to the US permanently after the job that is keeping you abroad ends.

Where are you in the N400 process? Have you been interviewed?

[obelix]

Legally, you cannot work. Will your employer check during the gap between being an Indian citizen and an OCI holder? I doubt it. Still, you might want to talk to the employer and see if you can, at least officially, be considered to be on leave during that time, or something.

Also, I did not realise you can apply for citizenship while you are abroad. The N470 preserves your residence for naturalisation purposes, but as far as I know, you must return to the US permanently after the job that is keeping you abroad ends.

Where are you in the N400 process? Have you been interviewed?

Thanks for the reply.

My employer should be cool with it. I can work out a leave of absence as well.

You can apply for citizenship, in fact my N400 states both my US address as well as my Indian address. I have applied for my N400 and finger printed last month, interview should happen next month or so.

My chances of getting the citizenship are 50/50, but I know two other cases who have done what I have done and got their USC. I am not sure when my overseas employment would end and I think that it would be my burden to prove that I will return to the US. But since I still get paid in the US, maintain assets in the US, I think I have a fair chance.

[cafeconleche]

Sorry, I meant I didn't realise you could apply for citizenship while still LIVING abroad. But, since you've already begun, it'd be interesting to know how things go, so please keep us posted.

By the way, since you're being paid in the US anyway, it might be possible just to keep working anyway. I don't know the details of your job, but it looks like you've a nice and flexible work policy.

Good luck.

[obelix]

Sorry, I meant I didn't realise you could apply for citizenship while still LIVING abroad. But, since you've already begun, it'd be interesting to know how things go, so please keep us posted.

By the way, since you're being paid in the US anyway, it might be possible just to keep working anyway. I don't know the details of your job, but it looks like you've a nice and flexible work policy.

Good luck.

Thanks. Yes, you can. But it depends on the officer. Remember the "you should be resident for 90 days before applying" clause? It's grey area. It can be argued both ways. But I have seen more success than failure. Time will tell.

The irony of my situation is I can't even get an Employment Visa since I am not employed in India . Entry visa is my only choice. In any case, I could use a real long vacation .

[cafeconleche]

Well, in that case, you can probably keep working as long as you don't tell immigration. Remember, if you only show your PAN card, they won't even know you're a foreigner.

[obelix]

Well, in that case, you can probably keep working as long as you don't tell immigration. Remember, if you only show your PAN card, they won't even know you're a foreigner.

Thanks.