July 2018 - S2NRI

Guide to Know About DS 160 Form For Visa Application

July 27, 2018 Manoj Sodhani Comments 0 Comment

What is a Non-Immigration Visa?

A person who lives temporarily in the US is a non-immigrant. Plainly speaking, the one might reside in the US for fulfilling the purpose of employment or medical treatment or business or temporary work/study. He would require a non-immigrant visa. It is provided to the non-natives of that country.

You can’t fulfil immigration dreams unless you have a legal permit to live there. It can be procured through a non-immigrant visa, let’s say H1B Visa. But, this is not the only one option you can have to settle there for a few years. Your employer files petition for seeking this visa on your behalf. In the meantime, you undergo several ordeals to get it.

Filling DS 160 Form is also a part of that visa formality. Let’s catch on why it’s essential; how much safe it is and how you can fill this form on the internet.

What is a DS 160 form?

As aforesaid, it’s an electronically available application form. You will have to submit it to the Department of the State. If you look into its layout, it would take a wink to estimate what and why you need to fill it.

Simply telling, it’s a kind of an e-Portfolio wherein you fill the necessary information about yourself. The ultimate motto of seeking this biography is to collect pan information and to send it to the US immigration authority (USCIS). It’s mandatory to fill prior to the visa interview. Once you submit it, the consular officers gain an easy access about you. Thereby, examining whether or not you’re eligible to get the non-immigrant visa becomes a walkover for them.

What are the benefits of DS 160 form?

It provides with an interactive help that doesn’t need any mediator.
In place of Forms DS-156, DS-156K, DS-156V, DS-157, DS-158 and DS-3032, just one form (i.e. DS 160) is to be filled.
As far as privacy is concerned, the consulate officer comes across your information through electronic mode. Thereby, your data remains confidential with him.
If you have filled it flawlessly and accurately, the visa processing won’t take a long. Rather, the officer would gain efficiency in processing your visa application. He would know about you before the screening during an interview. Hence, the delay in the visa processing can be averted.
Since you have the access to this form on the internet, you can easily edit it to serve the accurate details. If you want to edit or revise it the first time, you can do it remotely anytime, as per convenience and requirement.

Where does this form’s information store?

When you fill it online, your data straightly get stored in the robust storage architecture of the Department of State (DoS).

A few years ago, this facility was partially available on the internet. The applicant had to take out its hard copy. Subsequently, he had to visit the consular office in person to submit it. The erstwhile security was based on the barcode scanning. The form consisted of certain code in the form of bars. The officer used to scan it to enter the filled data into the database of the DoS. Thereby, they skip the start to end process of filling and re-filling your information into their database.

Also, you used to go for the interview with the A to Z papers, confirmation sheet and other relevant information in regard of the visa.

How can you skip filling this form?

If you want an employment visa, you will be split into the category of E-2 visa applicants. Then, the DS-160 form is a must. But, if you are a treaty trader or an executive/manager/ crucial employee, your employer will have to fill DS-156E form. When the immigration officer issues DS-161, no other form would be required.

New H1B Visa Rule Directs Deportation if Extension Rejected

July 25, 2018 Manoj Sodhani Comments 0 Comment

The complications of non-residents in the US are likely to rise up. The USCIS has formulated more stringent H1B visa rules. That’s why India diaspora should be ready to undergo severity in America.

As of May 31 this year, the backlog of visa applications exceeds seven lakh cases. It includes petitions for seeking initial visa and its extension. The count of processed applications reached 3.65 lakh till 30 September, 2017.

Let’s have a look over why complexities are going to take a toll. Go through the contradictory scenarios of erstwhile and current happening:

What used to be the USCIS processing time and schedule for H1B visa?

Before introducing new H1B visa rules, you used to have 240-day work authorization. As your tenure expired, your employer could apply for a fresh H1B visa in the next application season. Meanwhile, you could catch a flight for an immediate return to India.

What is now happening?

If your application for visa extension is rejected, you can’t come immediately as you might do erstwhile.
The USCIS authority will issue a Notice-to-Appear (NTA). It notifies that you’ll have to appear for hearing before the special immigration judge, there. However, the procedure of deportation will be initiated since then.
The real trauma will begin when you can’t go to your home country, even if your work-visa is expired. You will have to stay there for trials.
Your presence in the USA post visa-expiry will be marked as unlawful. Therefore, you’ll have to face off harsh consequences. You would have to stay for months in the US even if he no longer holds the job.

The NTA can be issued, but not limited, to those who are caught up in the cases, like fraud, criminal charges or denial asylum or refugee status.

What are the consequences of the new H1B visa rule?

There are two severe consequences that you could face due to visa-extension rejection.

First, you can’t leave the country even though your legal tenure to work there is expired. If you leave, you’ll be barred from re-entry to the US.
Second, if your stay will exceed a year, you could be penalized with a 10-year bar on the re-entry to the American nation.

However, the severity of this USCIS processing time can be challenged in the court. You can appeal for a voluntary departure there.

But, the matter of concern is the trial. You have to be present in the first hearing. The worst thing is that you have to wait for months for letting it happen. Thereupon, you can seek the voluntary departure.

Consider another scenario. If your extension of the visa plea is denied, you can appear against it. The litigation will occur. Although these trials may consume a lot of precious time, yet you may win. If the judge will reverse the rejection, your processing of deportation could also be challenged in the court.

What should be done to avoid such visa penalty and consequences?

You must take into account the expiry date of your visa. Notify that your petition for the extension of visa should be filed before six months at least before the existing visa tenure. Otherwise, you can opt for the premium processing. It definitely would require you to have a deep pocket to bear its cost. But, you can heave a sigh of relief as it triggers a shorter processing time.

In the nutshell, you can premeditate what would be the best time to apply for the adjustment of status. Keep into account that the date should be six months prior to the current visa tenure.

What is H4 EAD And How is It Beneficial for NRIs in US?

July 23, 2018 Manoj Sodhani Comments 0 Comment

The Trump administration in the US is firm to bring ‘America First’ when it comes to the job and its perks. The president played a mind game. His calculative mind adheres to decimate the number of immigrants in the USA. To make it happened he curbed a route to jobs through restrictions, especially on an H1B visa and F1 visa.

This restriction received a huge round of applause from Americans. But practically, the qualified workers there are reaching to epidemic proportion. Especially, the IT firms have been struggling a lot. Now, a record 6.7 million job openings are visibly adding seams for the corporate world there.

However, there is a silver lining in the form of H4 EAD. Let’s have a look over what it is.

What’s H4 EAD?

It’s an immigration law, formulated during Obama’s era. It allows some spouses, who have H4 visa, to get EAD or Employment Authorization Document. Its holders are mostly women. Its holders win an opportunity to do any kind of job there. The previous President of the USA, Obama, had gifted the right to employment to its holders.

The Trump administration would likely to take away this right. But, it has to fight the anger of expats while struggling with the scarcity of inexpensive professionals simultaneously. If so happens, a vacuum would be created in the corporate world there. Nearly 100,000 individuals would have to leave their jobs. It would adversely impact their employers. However, the current administration has kept this decision in the pending list.

Let’s take a cursory look over what benefits it offers.

How is H4 EAD beneficial for the NRIs?

The H4 EAD holders are legally eligible to work full time or part time. They can be designated on any position in any firm or organization. It doesn’t mean that to work is mandatory for them. It purely depends on their willingness.
Such holders can commence any business there. It can be of any type.
Unlike other H1B visa holders, the H4 EAD holders don’t need to have a job offer in their hands.
They don’t need to wait for a précised period to apply for the EAD. Rather, the NRIs can apply for it anytime. Also, there is no quota.

Overall, it’s a perk for those who’re there on the dependent visa.

As it’s aforementioned that only a few are able to get it, catch the guidelines to know who can be that lucky ones:

Who can get H4 EAD?

As it’s available for the spouse, his/her spouse should be working on H1 visa. Also, his/her visa should be valid.

In case, his/her visa status is invalid, the spouse won’t be allowed to get EAD until and unless the H-1 visa holder spouse wins a valid visa status.

The EAD is available to the spouses who belong to these categories:

H-1 B spouse must be an approved beneficiary of I-140 (the petition for immigrant worker)
Even if the beneficiary moves to another employer after becoming I-140 beneficiary, that will be ok.
The situation would be reverse (not ok) when the approval is not valid. It implies that such individuals can’t apply for the EAD if their I-140 status is cancelled.
The category of the I-140, like EB-1, EB-2, won’t cast any impact since it doesn’t matter.
The H-4 visa holder’s spouse can apply for it soon after his/her I-140 form is approved. There is no particular time to apply for it.
The H-1B visa holder should have an extended visa beyond the initial 6 years in one year increments. It’s what the AC-21 rule states. It is permitted to the H-1 visa holders who have a Perm Labour Certification (LC) or I-140. The visa holder should file for it prior to 365 days at least before the maturity of the 6^th year of H1B visa.
One can have the Employment Authorization Document even if the Perm LC or I-140 is under the approval process.
The applicant can apply for it in any year after 5^th year in the USA. It can be 6^th/ 7^th/8^th or any year.

For now, the Trump administration is lenient. It’s not taking away this right from the H4 visa holders. So, it’s good news for immigrant Indians in the USA.

How Can You Change Your Name Legally in India?

July 13, 2018 Manoj Sodhani Comments 0 Comment

Are you thinking of changing your name?

It’s a ritual in the Indian society that you have to adjust your surname according to your husband’s name. It’s a tradition. It determines that you have to make the necessary updates in your all documents, like Aadhaar Card, Voter ID card, Driving Licence and so on. Otherwise, several frictions will hamper your way to get visa or passport. At the worst, your application for these documents might be rejected.

So, always stay aware of this fact.

This article is really a helpful guide for those who want to change their name legally. If it’s adjusted in a document, you won’t have to wait for long to apply for the passport/visa.

Steps to change your name legally in India:

Get an affidavit:

An affidavit is a sworn statement in a document. The Indian court accepts this vital evidence. The practicing notary lawyer approves it via a notary stamp and his signature. He, usually, drafts it on a non-judicial stamp paper. It costs around INR 20 in India. Once the oath is written, the notary attests it with it while registering its entry into the Notarial Registration Book.

If you’re an NRI, you can follow the same process. Thereafter, you can get it attested by the nearest consulate in your residence country. It’s quite similar to withdrawing CENOMAR before marriage.

Who can attest the affidavit?

Commissioner for oaths by state, according to Section 3(2) (b) of the Oath Act (XLIV, 1969)
Notary recruited under the Notaries Act, 1952
Magistrate of the regional area

What to be written in the affidavit:

As aforesaid, you should take a plain white non-judiciary paper. It should consist of all these details:

Current name
The name that you want to replace the former one with
Father’s name
Husband’s name
Address
Mention the name of the employer, if there is any.
Get the signature, name and address of two witnesses.

Publish publically:

This is a vital step to publicly announce that you have changed your name. The medium will be a newspaper. Choose a column that is specifically dedicated to serve this purpose in one of the reputed newspapers. What points it should read are:

Name of the person (who changed his name)
Old name of the person
Father’s name/husband’s name
Address

When it is published in the newspaper, keep its original copies with you as a proof. It’s paid. You have to pay for this NRI service. They will be used later when you will alter your name in other documents.

To Whom to send the documents:

Once you’ll have the published news of your changed name, you can take it along with other documents, like affidavit. Now, you have to visit the controller of publication. It basically verifies the inquiry regarding any publication in the Gazette in India. If you don’t intend to go in person, you can drop a message in its inbox via acobdep2017@gmail.com.

Take these documents for verification:

Attested affidavit/ sworn document
The sworn statement with the details of witnesses
Two passport size photographs
The newspaper wherein the change of name is publically distributed
The printing cost (It can vary due to revised service cost). If you want, pay for it through a demand draft/ Indian Postal Order. Mention the controller of the publication as the name of the recipient.
If you’re an NRI, the service cost will be in ‘K’ or thousands. It includes air mail charges also.
If you want some extra copies of it, you have to bear an additional cost per copy.
You can either scan and mail or visit the publication office physically along with the documents. These documents should not be older than a year.
Always keep this fact in your mind that the documents that you would enclose shall not be returned. So, send them cautiously.
If you’ve adopted the name from another religion, make sure that you’ve submitted an affidavit. It should read that you have named yourself on the other religion but the religion is unchanged. It should be duly attested by the Sub-Divisional Magistrate (SDM). The cost of advertisement of such ads differs from the other one.
Get along two witnesses. The oath statement would be similar (as aforementioned).

What do NRIs do after changing their name?

Many NRIs alter their name after solemnizing marriage with a foreigner. They have to publish the advertisement in a prominent newspaper wherein they live. It can be any foreign country. Remember that they have to specify the permanent address of place in India.

Subsequently, they have to follow the fourth step. Once these formalities will be fulfilled, they can alter the name in your passport or visa. Enclose all the requisite documents while following the steps.

Tips to File an Affidavit of Support

July 4, 2018 Manoj Sodhani Comments 0 Comment

Are you planning to settle in the US as your spouse/parent/relative works there?

Of course, you can go and live there. But, who is going to take your financial responsibility? Have you thought about it?

What is Affidavit of Support?

If you’re not going on the work/travel visa, you can live there permanently. But, drill into your head that you should have a sponsor. It doesn’t matter whether or not you’re employed. You do need to have the sponsor who would take your financial responsibility. He, on your behalf, will file a petition while disclaiming that you’re coming to the US and he will bear your financial burden, there. This is what purpose the Affidavit of Support serves. His signature on this affidavit makes him your sponsor.

This affidavit of support in a nutshell, is legally mandatory. It determines who is going to sponsor any family member to the US.

How long does this sponsorship last?

It takes 40 quarters of work (usually 10 years). Or, this sponsorship is valid until the family member attains the US citizenship. This is what the Immigration and Nationality Act (INA), Sections 212 (a) (4) and 213A state. These provisions are mentioned in the Title 8 of the Code of Federal Regulations (CFR) at CFR 213A.

When do you submit this affidavit for fiancé, spouse or child?

All these relatives are categorized under ‘K’ nonimmigrant visa (K-1 for fiancé, K-3 for spouse and K-2 or K-4 for the child of fiancé or spouse). Such petitioners don’t need to submit this affidavit at the time of submitting Form I-129. It is required only when your fiancé, spouse, or child file for the change of status to permanent US citizens.

Tips/ Requirements to file for the affidavit of support:

First, the petitioner should have scheduled an immigrant visa interview with a consular officer in the US.
If it is the case of the K-status nonimmigrant visa, you need to submit it at the time of adjusting the status with the USCIS.
If you opt for the joint sponsors, each one should submit the complete Form I-864 A. It states the legal acceptance of taking financial responsibility of the petitioner.
As a sponsor, you must provide your US federal income tax return of the current year. Also, you should enclose a proof of the current employment.
In case, you fail to pay the income tax of the recent year, a valid justification of the failed tax payment is a must.
If the income tax report is not submitted, your relative’s visa application would be rejected.
Once all formalities are completed, enclose the Affidavit of Support. Notarize it in the US or from the consul.
Hand over that information to your relative who is a petitioner.
Your sponsorship will be terminated automatically, if the petitioner dies, or, he attains permanent status, or, he departs the USA.

Here is the list of all forms that you may require to attach with your application:

Form I-864 (Affidavit of Support)
Form I-864 A (A contract between a sponsor and the household members)
Form I-864 EZ
Form I-864P (Poverty Guidelines)
Form I-864W (Intending Immigrant’s Affidavit of Support Exemption)

These forms are required on the basis of various conditions. You need to go through each form and its details thoroughly before filling it.

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Month: July 2018