somegchuh
10-26 02:56 PM
arnet,
So they took the original I 797 after the itnerview and mailed it back with the passport?
Mihrid,
they should have returned your wife's I797. If she's still in India she can call VFS and follow up to get it. It is important that she gets back the original 797. Sometimes they ask for it at the airport when you land. My wife was asked for it once.
I am asking my wife to call both embassy and VFS to get I797 back. Here's the contact info I have been able to find
Have a question about your NIV application? Contact the NIV unit by the following methods:
Phone: (011-91-11) 2419-8310 from 2:00 p.m. to 3:00 p.m., Monday through Friday
E-mail: nivnd@state.gov
Fax: (011-91-11) 2419-8407
Want to contact VFS? Please use the following methods:
VFS Helpline (Excluding Punjab): 011-4222-0000
VFS Helpline (Punjab): 0181-504-1444
E-mail: infodelhi@vfs-usa.co.in
VFS’ agents respond to phone calls from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on Indian holidays observed by U.S. missions. E-mailed inquiries are responded to Monday through Friday, within two working days.
If you are calling from outside India, please call VFS at 011-91-44-4231-6767.
our experience:
they will mail back those.
my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.
I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.
it took 3 days after interview date to get the stamped passport and documents through courier.
If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.
So they took the original I 797 after the itnerview and mailed it back with the passport?
Mihrid,
they should have returned your wife's I797. If she's still in India she can call VFS and follow up to get it. It is important that she gets back the original 797. Sometimes they ask for it at the airport when you land. My wife was asked for it once.
I am asking my wife to call both embassy and VFS to get I797 back. Here's the contact info I have been able to find
Have a question about your NIV application? Contact the NIV unit by the following methods:
Phone: (011-91-11) 2419-8310 from 2:00 p.m. to 3:00 p.m., Monday through Friday
E-mail: nivnd@state.gov
Fax: (011-91-11) 2419-8407
Want to contact VFS? Please use the following methods:
VFS Helpline (Excluding Punjab): 011-4222-0000
VFS Helpline (Punjab): 0181-504-1444
E-mail: infodelhi@vfs-usa.co.in
VFS’ agents respond to phone calls from 8:00 a.m. to 4:00 p.m., Monday through Friday, except on Indian holidays observed by U.S. missions. E-mailed inquiries are responded to Monday through Friday, within two working days.
If you are calling from outside India, please call VFS at 011-91-44-4231-6767.
our experience:
they will mail back those.
my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.
I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.
it took 3 days after interview date to get the stamped passport and documents through courier.
If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.
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justareader
09-14 02:49 PM
Count me in !
sunny1000
12-14 12:15 AM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.
If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.
I assume that you both are Indian citizens.
If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).
If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).
If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.
Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.
Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.
From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.
Good luck.
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Desertfox
04-28 04:11 PM
The new administration has definitely something to do with this. Being an AZ resident for a while, I noticed how popular Janet Napolitano was here as a governor, even in this strongly republican state. I am sure her nomination as DHS secretary will bring more positive changes for us.
more...
sanju_dba
09-14 01:27 PM
If you feel IV is our only hope/interpreter, then lets fuel it.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.
Please take your poll above.
Experts can add suggestions to help it construct.
geevikram
07-03 09:44 AM
This would be another form of civil disobedience movement that Gandhiji started against Britishers. We should call it market disobedience. Nice idea., btw I have already started this. I, on a month to month basis have started investing money in Indian accounts (FDs,MF and stocks) which I would have otherwise invested here. I'm doing this for the past 1.5 years. As long as I do not have a visibility on when I will get my GC, there is no point in investing here. I'm actually sorry to say this because this country now, of all times, needs any money that they can get. I love US, so not being to be able to help kinda hurts. But hey......, you know why. :rolleyes:
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mbartosik
09-05 09:09 PM
So how about a fax campaign in favor.
That should not be too distracting from rally preparations.
Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.
That should not be too distracting from rally preparations.
Specifically we should highlight support for the increase in greencards. Other provision in STRIVE may have more enemies. Lou Dobbs is already all over it.
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freedom_fighter
01-14 09:26 PM
i used hopeforhaiti.com, they use paypal.
more...
singhsa3
08-19 10:13 AM
Admin/Moderators and other distinguish members,
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
Can we use this site for networking and socializing with people in similar situation and/or sharing similar vocations....
This would mainly include invitation for a public gathering and encourage others to come forward. Examples of nature of such public gathering:
1. Say people in finance sector meet and exchange thoughts
2. Religious in nature but will not be solicitation.
3. General meeting etc...
What do people in this forum think?
Thanks
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anilsal
10-30 04:42 PM
I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.
I think if the person misspelt Stanford once, it is fine. If there have been multiple references and he misspelt all of them, then there is a problem.
My opinion (and mine only) is that if we claim high skills/higher education for our immigration, then we should be able to type decent english even with eyes closed. ;)
I think if the person misspelt Stanford once, it is fine. If there have been multiple references and he misspelt all of them, then there is a problem.
My opinion (and mine only) is that if we claim high skills/higher education for our immigration, then we should be able to type decent english even with eyes closed. ;)
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bestofall
07-28 04:27 PM
CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008
Is any one would like to join this !
Is any one would like to join this !
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delhirocks
07-22 02:06 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
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reddog
05-22 12:54 PM
Regardless of whether everyone gets their Green Cards or not, the numbers should definitely see a substantial jump.
we are entering into the last quarter, where according to the new rules, everything that has not been allocated will be opened up for retrogressed categories for that FY.
Which actually explained why they pushed EB2 so far back, so that they can bring it forward in the last quarter, i.e. the July bulletin.
On the whole issue of EB retrogression, This current batch of EB based green cards have waited the longest number of years in the history of green cards.
So, sooner or later, someone in the goverment will have to answer why is that they let so many people apply green cards when they did not have a numbers solution ready.
Why were we even allowed to file for Green Cards when they could only issue a certain number based on the Country of Birth, each year.
This is like sell a product to someone, send him an invoice, and he comes back and says, sorry, we have a country wise quota, so even if we bought these goods from you, we wont pay you cos the quota for this year is up.
No, literally, export quotas work that way, they put a quota on sourcing, not on payments.
Why not do the same on Green Cards?
So, this whole mess, what is the right amount of time (in years), that it starts turning into a 'rights' issue from a 'flawed process' issue.
Currently, unless we have some representative in the government, who sees this flaw as a real issue, it is only us non-immigrants who can push this harder, and generate that representative, who instead of sliding this issue along with some big Financial bill, lobbies hard to get this issue resolved, as a separate entity..
ON the hope that OP has generated, personally, Am I hopeful, that I will get my Green Card in July.
Yes, I am always hopeful that I will get my Green Card next month. No, I dont get frustrated, when I dont.
Yes, i definitely get a little bit ticked off, but thats it.
we are entering into the last quarter, where according to the new rules, everything that has not been allocated will be opened up for retrogressed categories for that FY.
Which actually explained why they pushed EB2 so far back, so that they can bring it forward in the last quarter, i.e. the July bulletin.
On the whole issue of EB retrogression, This current batch of EB based green cards have waited the longest number of years in the history of green cards.
So, sooner or later, someone in the goverment will have to answer why is that they let so many people apply green cards when they did not have a numbers solution ready.
Why were we even allowed to file for Green Cards when they could only issue a certain number based on the Country of Birth, each year.
This is like sell a product to someone, send him an invoice, and he comes back and says, sorry, we have a country wise quota, so even if we bought these goods from you, we wont pay you cos the quota for this year is up.
No, literally, export quotas work that way, they put a quota on sourcing, not on payments.
Why not do the same on Green Cards?
So, this whole mess, what is the right amount of time (in years), that it starts turning into a 'rights' issue from a 'flawed process' issue.
Currently, unless we have some representative in the government, who sees this flaw as a real issue, it is only us non-immigrants who can push this harder, and generate that representative, who instead of sliding this issue along with some big Financial bill, lobbies hard to get this issue resolved, as a separate entity..
ON the hope that OP has generated, personally, Am I hopeful, that I will get my Green Card in July.
Yes, I am always hopeful that I will get my Green Card next month. No, I dont get frustrated, when I dont.
Yes, i definitely get a little bit ticked off, but thats it.
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jay75
08-04 12:55 PM
EB3 I - I140 pending , applied on 8/9/2007...sorry for the typo from the subject
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saimrathi
08-22 02:53 PM
Any ideas about this query?
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
Thanks for the reply gc_chahiye.
If i upgrade my H1 to premium, would they upgrade and process my wife's H4 in premium. I know that there is no premium for H4. If i would have opted for PP at the time of submission, both the apps would have been processed in premium, but now since we have separate receipt numbers for H1 and H4, would they be processed at the same time. Any past experiences?????
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tikka
07-08 09:52 PM
anything in specific?
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surabhi
10-17 03:52 PM
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal... I personally could manage 80% of the billing while I was doing consulting...
I agree. 90% of the bill rate never includes the employer taxes portion.
It all adds up. It may not be profitable as one assumes. The relocation costs, medical insurance, unpaid vacation days, unpaid holidays..
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal... I personally could manage 80% of the billing while I was doing consulting...
I agree. 90% of the bill rate never includes the employer taxes portion.
It all adds up. It may not be profitable as one assumes. The relocation costs, medical insurance, unpaid vacation days, unpaid holidays..
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Nil
07-03 11:40 AM
Can we have a conservative idea of the net worth of all folks in the queue.
It can be a compelling arguement on how much folks have built from SCRATCH in this country.
It can be a compelling arguement on how much folks have built from SCRATCH in this country.
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Dipika
08-14 01:10 PM
Not sure what way they are going to approve cases.
But i noticed, All approved cases are clear, means no RFE in any stage.
But i noticed, All approved cases are clear, means no RFE in any stage.
bzuccaro
11-08 05:23 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
manand24
10-15 02:10 PM
Hi,
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
I do not think so, my PD is 2006, I am not even dreaming about GC.
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
I do not think so, my PD is 2006, I am not even dreaming about GC.
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