OCI vs. PIO Comparison - Advantages and Disadvantages

I am considering taking up employment in India. The company is a branch of an American company. Is it better to be on PIO or OCI. On one of the sticky threads in this same forum posted by PIO1, (http://forums.immigration.com/showthread.php?t=209468) I read that:

[Please note PIO cardholders are allowed to work, but OCI is yet to be officially confirmed, though there does not seem to be a problem - especially as the OCI legislation provides parity with NRIs in this regard.]

Although OCI's dont have to register, I am concerned about the lack of official clarity regarding OCI's taking up employment in India.

Any thoughts?

This comment seems to be an opinion of an individual poster and not an official stance of the government. However, it has raised a doubt in your head and I know it will be hard to believe it until you see any evidence to the contrary.

This link although not official says you can work (search within browser for work)

This link from MHA lists the few things you can not do, but it is a very small list.

Then see this thread from a competing board.

And here's a link from the US Embassy in New Delhi saying OCI allows people to work in India indefinitely.

Unfortunately, I could not find a single document from the Indian government clearly spelling this out. However, based on my status, a few of my friend's status, and the other links I listed above, I think you will be fine unless you work relates to mountaineering or high-end research.
 
PIO vs OCI

Hi all:

My wife and I became US citizens on Nov 19, and we have applied for passport. I was comparing OCI vs PIO schemes at CGISF.org website and it says that PIO fee is $370 per adult whereas OCI fee is $275 per person.

Is this information correct, and if so, why would anyone want to apply for PIO which is more expensive and has an expiration date in comparison to OCI?
 
Hi all:

My wife and I became US citizens on Nov 19, and we have applied for passport. I was comparing OCI vs PIO schemes at CGISF.org website and it says that PIO fee is $370 per adult whereas OCI fee is $275 per person.

Is this information correct, and if so, why would anyone want to apply for PIO which is more expensive and has an expiration date in comparison to OCI?

For one, certain categories of people are not eligible for OCI, but may be eligible for PIO.
 
High level security clearance for certain government jobs could be a tad bit easier with a PIO than with OCI although the impact is very minor since a lot of other factors go into that decision.
 
Personally, it is more pragmatic to go in for the OCI than the PIO. The structure, the benefits, and the word "citizen" makes it more compelling than the PIO. Also, the OCI did come out way after the PIO and I feel covered the gaps versus the PIO.
Maybe down the line they will come out with something more comprehensive than the above two!
For someone who wants to go back(India) forever the OCI seems a no brainer at present.
Best of luck! :)
 
My wife and I applied for passport on 11/20/2009, and today our online status says:

"We have finished processing your passport, and it has been mailed to you.

You paid for overnight delivery. This means you should receive your passport on or about 12/02/2009."

We have a trip to India scheduled on 12/26/2009.

1) Is there any chance that we can apply for OCI on Dec 2 and get it by Dec 24? San Francisco jurisdiction.

2) If we apply for OCI and do not have it in hand be Dec 23, can we still apply for same day visa in SF?
 
1) Is there any chance that we can apply for OCI on Dec 2 and get it by Dec 24? San Francisco jurisdiction.

... Possible but risky. In my opinion unlikely in most consulates, except SFO has been moving quite fast for some reason.

2) If we apply for OCI and do not have it in hand be Dec 23, can we still apply for same day visa in SF?

... Yes, you can. Check the work days / holidays before. Safer to apply Dec 22.
 
1) Is there any chance that we can apply for OCI on Dec 2 and get it by Dec 24? San Francisco jurisdiction.

... Possible but risky. In my opinion unlikely in most consulates, except SFO has been moving quite fast for some reason.

2) If we apply for OCI and do not have it in hand be Dec 23, can we still apply for same day visa in SF?

... Yes, you can. Check the work days / holidays before. Safer to apply Dec 22.

Thanks. Is there any risk to the strategy of applying for OCI first and then for visa if need be at last minute? Do we have to submit US passport along with OCI application?
 
Thanks. Is there any risk to the strategy of applying for OCI first and then for visa if need be at last minute? Do we have to submit US passport along with OCI application?

No risk. You need to send your passports only after the OCI sticker has been received in SFO.
 
No risk. You need to send your passports only after the OCI sticker has been received in SFO.

What if the OCI sticker is recieved too late (i.e., after Dec 23). Will they still give me a visa if I am an OCI applicant? I dont want to be in a status of OCI pending, hence ineligible to get a visa at the last minute. Yet, it is tempting to try for OCI now, and avoid unnecessary temp visa app.
 
What if the OCI sticker is recieved too late (i.e., after Dec 23). Will they still give me a visa if I am an OCI applicant? I dont want to be in a status of OCI pending, hence ineligible to get a visa at the last minute. Yet, it is tempting to try for OCI now, and avoid unnecessary temp visa app.

You will get a visa even if you are an OCI applicant.

http://forums.immigration.com/showthread.php?t=247200

http://forums.immigration.com/showthread.php?p=2086610 -- post #97/98

and many others.

Call the consulate ... SFO picked up my calls promptly and were very responsive to my similar questions. They will be able to confirm.

However, despite many success stories in SFO thread in terms of processing times, I personally think it is touch and go - chances are 50:50 to get it done in 3 weeks, less if you are short a day or 2 in these 3 weeks.

While you are OK if OCI is not approved - you go and get a visa, the biggest pain is if OCI is approved, you send in your passports for OCI stamping and then do not hear back for a week. What can you do then?

The inconsistency of tracking (for example, why does DC and NY take 3 times as much as SFO, and why do some applicants get stuck in consulate, and others at MHA) makes people have a lot of worry especially if there is a travel deadline.

Anyway, best of luck whichever way you decide to go.
 
While you are OK if OCI is not approved - you go and get a visa, the biggest pain is if OCI is approved, you send in your passports for OCI stamping and then do not hear back for a week. What can you do then?

.

I had not thought of this point. I guess I will just apply for a visa now and apply for OCI after coming back from India
 
ok, I did some research and as of today and I (we) am thinking of going with PIO (note that I (we) am eligible for OCI) for the following reasons:

- possible USA security clearance issues with OCI
- really didn't like sendng in the passport to consulate to get OCI visa; would have been nice if it was like PIO card
- OCI is not really a citizenship but sort of implies it is; but still GoI may deny cosular access - should something go wrong

Most of my friends went with PIO for the above reasons.

Please note that I haven't applied yet and may change my mind when the day comes to apply. I just wanted to share this with the forum.
 
ok, I did some research and as of today and I (we) am thinking of going with PIO (note that I (we) am eligible for OCI) for the following reasons:

- possible USA security clearance issues with OCI
- really didn't like sendng in the passport to consulate to get OCI visa; would have been nice if it was like PIO card
- OCI is not really a citizenship but sort of implies it is; but still GoI may deny cosular access - should something go wrong

Most of my friends went with PIO for the above reasons.

Please note that I haven't applied yet and may change my mind when the day comes to apply. I just wanted to share this with the forum.

TMC,

This is a good thread. Thank you for compiling the info.
I am yet to take my oath, but have been thinking on the lines of what you did in this thread. My questions though are:
Do you have any real life examples of you or your friends having an OCI and not getting security clearance? What kind of jobs were there looking for to get security clearance?

OCI is not really a citizenship but sort of implies it is; but still GoI may deny cosular access - should something go wrong.

Regarding above statement, why would GOI give consular access to a US citizen? On the other hand, would GOI give consular access (if something were to go wrong) to you as a US citizen, if you have a PIO?

Thanks,
speedy
 
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TMC,

This is a good thread. Thank you for compiling the info.
I am yet to take my oath, but have been thinking on the lines of what you did in this thread. My questions though are:
Do you have any real life examples of you or your friends having an OCI and not getting security clearance? What kind of jobs were there looking for to get security clearance?

Regarding above statement, why would GOI give consular access to a US citizen? On the other hand, would GOI give consular access (if something were to go wrong) to you as a US citizen, if you have a PIO?

Thanks,
speedy

Only what I read in the forums. Although Security clearance officals seem to have a good idea that OCI is not dual citizenship, some clearance level seem to require that you do not hold a permanent visa of any type to another country. So, in that aspect OCI may be a problem. One of my friends avoided OCI especially for this.

Note that India might cliam that OCI is a "sort of" citizen and deny you US consular access.

http://en.wikipedia.org/wiki/Overseas_Citizen_of_India#Overseas_Citizenship_of_India (search for "Hague")

http://www.immihelp.com/nri/pio-vs-oci.html
(note that US says yes, but GoI says no)

Please note that I am telling you what I know and that i could be wrong. This is all murky until we have a solid evidence that explains it.
 
Only what I read in the forums. Although Security clearance officals seem to have a good idea that OCI is not dual citizenship, some clearance level seem to require that you do not hold a permanent visa of any type to another country. So, in that aspect OCI may be a problem. One of my friends avoided OCI especially for this.
Note that India might cliam that OCI is a "sort of" citizen and deny you US consular access.
http://en.wikipedia.org/wiki/Overseas_Citizen_of_India#Overseas_Citizenship_of_India (search for "Hague")
http://www.immihelp.com/nri/pio-vs-oci.html
(note that US says yes, but GoI says no)
Please note that I am telling you what I know and that i could be wrong. This is all murky until we have a solid evidence that explains it.

Well,I wouldn't think that either "wiki" or "immi" are the final authority on deciding what GOI can or cannot do
with a person who has an OCI(if that individual gets into trouble). I believe those sites are providing one
interpretation of the murky law put forward by GOI. Unfortunately it looks like not even the GOI is clear in its own
promulgation/implementation of the laws with respect to OCI. Do you know if there is any link to the GOI official
web sites which state that GOI has the right to deny consular access?

Also, if getting security clearance in US and denial of US consular access (in case of trouble) by GOI are the only 2 reasons
for not going for OCI, then should those reasons cause concern for a larger desi immigrant population?
What % of folks would seek such security clearance in their day to day lives? Even if they seek,it is only that the process could be
dealyed...but not rejected?? Secondly, denial of consular access by GOI scenario arises only if an individual gets into trouble.
Although there can be many ways of getting into trouble (either voluntarily or involuntarily), I would imagine if one were
to keep their wits, it won't be that difficult to stay out of that kind of trouble which requires a consular access.

Can any one think of any other pressing/concerning reasons to opt for PIO over OCI?

On the other hand, an individual who opts for PIO over OCI needs to register with the nearest FRRO every 180 days?? To me
that translates into nothing but the amount of bribe one needs to give for the "registration" each time. That seems to be more of a
hassle (if one opts/needs to reside in India for an extended period for any reason) than the 2 reasons above(ie., security clearance and/or potential
denial of consular access). So, I would prefer opting for OCI over PIO.

Please note that above is "my" personal reasoning based on the broad range of laws/parameters available in the recent time frame.
If I apply and am granted an OCI, don't know how that decision might turn out to be in future:)


Thanks,
speedy
 
for minors, another reason why PIO is better than OCI (info may be outdated though):

http://www.r2iclubforums.com/forums/f19/renewing-childrens-ocis-10769/#post170305

Again, this is a mixed bag. Regulations say one thing, implementation is another. So could not the same ambiguity happen to PIO? I am sure an abuse of 180 day FRRO registration could be written to be the most draconian thing ever to happen.

BTW, the Pravasi Bharatiya Divas is in the next couple of weeks. If they announce any new SOPs for OCI/PIO, this is when. I am not very hopeful because the pace of such sops or reforms has slowed down recently. However, given that this is the first year of a new government which is not a staggering coalition, you never know.

What would you like to see fixed this time?
 
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