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Month: August 2018

Adjustment of Status
Eligibility Criteria for Adjustment of Status Via Employment

Eligibility Criteria for Adjustment of Status Via Employment

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Have you applied for the adjustment of status six months prior to your visa expiry?

If you haven’t, you would get an NTA (Notice to Appear).

The threat of appearing before an immigration judge is a big concern for the immigrants from India, especially.  It also initializes an uncertain deportation by the USCIS (United States Citizenship and Immigration Services).  Simply put, you may be asked to leave the country all of sudden. Also, some penalties could also be imposed.

What is Adjustment of Status?

You need a lawful permanent resident status if you want to live in the USA. The Adjustment of Status can be called a green card application. You could apply to attain the citizenship of America after completion of a certain stay-period.

What eligibilities should you have to file for claiming the Adjustment of Status?

Determining your eligibility for the green card is a first step to initialize the Adjustment of Status. There are a variety of ways to file for this status adjustment. You should choose the way according to your immigrant profile. In other words, you should know the category you’re classified under.

The categories of this visa are grouped under family visa, employment visa, special immigrant visa, refugee or Asylee status, human trafficking and crime victim visa, victims of abuses visa, and others.

Massive number Indian immigrants go there on the H1 or H4 or L1 or L2 employment visa. It allows them to complete six year limit while serving the United States.  Once this limit of visa expires, the immigrant has to check his eligibility for acquiring the green card.

Catch a look of the eligibility criteria for the Adjustment of Status:

  1. For Immigrant Worker: You should be a first preference immigrant worker. It implies that you should:
  • Have an extraordinary ability in the science, arts, education, business or athletics
  • Be a professor or researcher of outstanding abilities
  • Be a multinational manager or executive under certain criteria

You should be a second preference immigrant worker. Under this category, you:

  • Should be a member of profession having advanced degrees
  • Should have advanced skills and abilities in the science, art, or business
  • Should be seeking a national interest waiver

Besides, you should be a third preference immigrant worker. It means that you should be:

  • A skilled worker with more than 2 years of training and work experience
  • A professional with a bachelor degree from the US university or any foreign university
  • An unskilled worker with less than 2 years of training and work experience
  1. For Physician National Interest waiver: This category identifies & permits the visa to the physicians who are a full-stack expert in clinical practices. You should be appointed in an underserved area for a specific period of time. You should possess all abilities that are particularly asked for the same.
  2. For Immigrant Investor: This category is reserved for the big fat investors. If you have invested or are actively involved in the process of investing a huge capital worth $1 million at least in a new commercial unit in the US, you would be eligible for it. You should remember that your investment should create 10 openings of the full-time employees.

Millions of immigrant employees defer the application for this adjustment of status. But now, the USCIS has introduced some stringent rules in this context. In order to promote lawful residency, it has decided to launch a legal trial before a special judge. And, the worst thing is that you can’t leave the country unless the judge passes the verdict or permits for leaving. The situation would be critical because you won’t have the work, neither would have the right to leave.  Besides, it would burn a big hole in your pocket.

Study
Eligibility Criteria for Indian Students to Study in USA

Eligibility Criteria for Indian Students to Study in USA

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Are you aspiring to study abroad?

If yes, you should check whether or not you’re eligible to opt for a desirable course. Since 85,000 applicants apply for visa every year, seeking non-immigrant visa for studying is a hard nut to crack.

Meanwhile, you should have opulent knowledge of the educational sessions, documents required and eligibility criteria. Generally, the universities in the USA conduct admission in two sessions. It mainly starts in January and September. If you really want to get a degree from the US, September is the best intake session when a massive number of students take admission.

Tips to take admission for studying in the USA

  1. Take admission six months prior to the date of joining the course
  2. Appear in the language and aptitude tests at least three months prior to the joining deadline.
  3. The score in the language course should not be less than 7.5.
  4. Utilize last three months in filling the requisite application forms.
  5. Ensure to complete the application process along with appearing for an interview and visa application procedure by the end of June or July month.
  6. Check the intake session of the course that you want to opt for.
  7. Admission in vocational courses often opens in January or May or July.
  8. Get ready with the asset report with CA attestation

Requirements:

  1. English should be a language to have opted in schooling/graduation/post-graduation.
  2. The secured percentage should be 65% or above, 70%-80% or above in Humanities and in Science/Commerce respectively in matriculation.
  3. If you want to join any diploma course, your score can be below 60%.
  4. The age should be 18 years or above.

Document requirements:

  1. For Bachelors:
  • Attested photocopies of 10th and 12th classes’ mark sheet
  • Photocopies of score in GMAT/GRE/IELTs/TOFEL
  • Portfolio (if you did architecture programs/design course)
  • Extra-Curricular activities certificate (if there is any)
  • Funds report
  • Health Insurance
  • Valid Non-Immigrant Visa & Passport
  • Transcript
  1. For Masters:
  • Attested photocopies of the bachelor’s degree
  • Two reference letters from the professors who would have taught recently.
  • Two letters of recommendation from the employer (if you possess any work experience)
  • Statement of purpose
  • Curriculum Vitae
  • Fund Report
  • Health Insurance
  • Valid Non-Immigrant Visa & Passport
  • Transcript
  1. For Doctorate:
  • Attested photocopies of the Masters
  • Two reference letters from the professors who would have taught recently.
  • Two letters of recommendation from the employer (if you possess any work experience)
  • Statement of purpose
  • Curriculum Vitae
  • Fund report
  • Health Insurance
  • Valid Non-Immigrant Visa & Passport
  • Transcript

What tests must you give?

  • English language skill test, like IELTS, TOFEL; Secure at least 7.5 in the score card
  • Good score in GMAT (Graduation Management Admission Test)/GRE (Graduation Record Examination)/SAT for admission in the graduation course.
  • Portfolio Plus TOFEL, if you’re likely to opt for the fine art or any other creative art/course
  • Medical College Admission Test (MCAT) for Medicine students
  • Pharmacy College Admission Test (PCAT) for Pharmacy students
  • Dental Admission Test (DAT) for dental course
  • Veterinary College Aptitude Test (VCAT) for animal medicine course
  • Law School Admission Test (SAT) for graduation in law
  • Certified Public Account Accountant Examination (CPA)
  • United States Medical Licencing Examination (USMLE)
  • Council for Graduation of Foreign Nursing School (for Para-medicine)

NRI
NRIs Protest Against No Right to File RTI, Centre Rejects

NRIs Protest Against No Right to File RTI, Centre Rejects

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Have you ever heard about RTI?

If yes, then might not know that NRIs are excluded from this right. The non-residents of India (NRI) can’t file the RTI. It’s what the Lok Sabha publicized on Wednesday.

What’s an RTI?

If you elaborate, it stands for the Right to Information. All citizens of India have this right. If you look at its current status, nearly 2,200 public authorities have been deployed to look into its processing and reply online, MoS PMO Jitender Singh came with this fact.

The Parliament of India replaced the Freedom to Right Act, 2002 with the Right to Information Act on 12 October, 2005. It explicitly empowers any citizen of India to seek information from a ‘Public Authority’. In return, the authority shall have to reply expeditiously. The duration for processing RTI should not be longer than 30 days.

This Act mandates digitization of all records of every public authority so that it can be disseminated proactively under a certain categories of information.

What does Lok Sabha say about the NRIs right to file the RTI?

A negative reply in writing was sent by the Union Minister Jitendra Singh. He said, “RTI is not a right of the non-residents as they don’t cover under the provisions of the right to information Act, 2005. Therefore, they are not eligible to use this right.”

Every day witnesses almost 4,800 RTIs. Since its commencement, over 17, 500,000 writs have been received online.

How do NRIs protest against prohibiting the RTI Act for them?  

  1. Disqualifying NRIs from RTI Act is a shame:

An NRI from Onam stated on the news minute that the government doesn’t equate them with the other citizens of India.

Full with the grudge, the NRI asked why they can’t be facilitated with the right that people living in India can enjoy. He further asked why this right doesn’t mean for them if they ask the questions that bracket under its right. He wanted to seek the answer over why vulnerability to this Act is unavailable online for us.

  1. Difficult to visit embassy for seeking information:

The non-residents find it extremely tough to visit the far located embassy in the foreign country. For them, it’s very impractical to drive down the place and take away the requisite information.

  1. It’s a kind of discrimination:

The Indian legislation doesn’t have any provision for NRIs to cast their vote. During elections, they are treated just like a foreigner. They don’t have this right either. They seek it as a kind of discrimination. On one hand, the central government iterates for promoting ‘Digital India’ movement. For participation in the Pravasi Bhartiya Divas, they have to register online only. But, when it comes to awarding the accessibility to information online, it’s not available yet.

Erstwhile, an amendment was introduced for the emigrants. They had to get orange-colour passport for Emigration Clearance Required category. It belonged to those who fly abroad for employment. But later, the government had to take it back.

A curtain raiser to NRIs RTI right:

The central government is alleged to amend the RTI Act. The veterans of law and politicians assumed it a hapless act.

In the absence of the Chief Information Commissioner R.K. Mathur, the Information Commissioner Sridhar Acharyulu passed the deficiencies in the RTI bill in writing to the senior most Commissioner-Yashovardhan Azad.

All Commissioners unanimously rejected the bill that cites changes in the Right to Information bill, 2018.

Get Transcript from Delhi University
Steps to Get Transcript from Delhi University

Steps to Get Transcript from Delhi University

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Do you have documentation done in studying abroad?

Your departure to the foreign university may be cancelled due to a trivial reason, i.e. absence of a transcript. Although you would have taken admission in any university overseas, yet it can’t be confirmed unless you provide with a consolidated report of your mark-sheets.

What is a transcript?

The Delhi University issues it at the end of each semester. In all, you receive six mark-sheets after graduation. So, when you move offshore for further education, you must have that consolidated report of scores that you obtained in each semester. This collective report of all mark-sheets is known as a transcript.

Why do you require attesting the transcript?

The foreign universities reject acceptance of the mark-sheets that you provide separately. They require a stamp of authentication. That’s why you should create a master sheet consisting of scores of all semesters separately. Thereafter, it gets attested by the registrar of that university.

It’s noteworthy that you can’t get it done from any university. Rather, you have to approach the varsity where you graduated from. The chancellor or registrar of that university would put the stamp. Subsequently, it would be acceptable across the global universities.

What are the steps to get the transcript online from Delhi University (DU)?

You may be caught up in confusion if you don’t have enough knowledge of how to get the transcript online. I’m taking a case of the Delhi University. But, these steps would be viable and suitable in each case, whether it’s Maharashtra University or Sikkim University.

Let’s catch up the steps to get it online:

  1. Visit the official site of the college/university for transcription. In case of DU, it’s http://exam.du.ac.in/transcript.html
  2. On the home page, select the application form for the official transcript of Marks/Degrees
  3. The click would initiate downloading of the form. Open and save to fill it.
  4. Attach an A4 size paper to mention the title of your papers.
  5. It comprises the instructions to read out and follow up along with the requisite fee.
  6. Feed it with the particulars pertaining to the candidate, like Year, Roll No., Examination Passed, Marks Obtained, Result, Division and Particulars.
  7. Put your signature at the end of the form.
  8. Take it together with the requisite documents and fee.
  9. If you want, you can pay its fee online also.
  10. The Registrar of the University would put his stamp and deliver it to you.

How much time does it take to attest?

It takes around 10 days to deliver this transcript. Otherwise, you can collect the contextual information from the inquiry counter.

How much fee do you pay?

Since it’s not a free service, you have to pay INR 1000 (if applied in India) or US $100 (if applied from abroad). You have to pay additional INR 500 if you withdraw it after 6 years. If you compute this value in dollars, it would be US$150.

Besides, you can apply for more than a copy. But, you have to pay INR 100 for each new copy. Thereby, you need to spend US$10 additionally. It’s worth noticing that the price might vary if it’s revised by the time. It squarely depends on the revamped fee structure.

What document should you carry along with?

  1. All mark-sheets
  2. A copy of the Syllabus (It’s given on the website of the university to download. It would be available only if you’ve been passed out recently. If it’s not there, you can access it from the library of that university.)
  3. University Enrollment number/Degree Certificate
  4. If you’ve paid the fee online, the payment slip should be carried along with.
  5. Copy of degree      
  6. Envelope to put the transcript.
  7. Another envelope with complete shipping details for speed post
  8. If you want more than one transcript, enclose more envelopes with your shipping address.
  9. Ensure that the envelope should be addressing as:

“Joint Controller of Examinations

Examination Branch

University of Delhi, South Campus

Benito Juarez Road

New Delhi-110021”

  1. It would take at least 10 days to process.

Is there any outsourcer to outsource transcript? If yes, how can you apply through it?  

Yes, you can go for outsourcing the transcript service. The third party, like S2NRI, has been doing it for years. Therefore, you can:

  • Get registered with the website.
  • Send your query as ‘Transcript’ via an email or online chat.
  • Upload the documents when you’ll be requested.
  • Pay the service fee online.
  • Get it delivered within 10 to 15 days.

NRI Investment Law
Remittance Rules Are Crucial in India’s NRI Investment Law

Remittance Rules Are Crucial in India’s NRI Investment Law

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Do you invest in India from abroad?

Or, do you transfer money from your NRO or NRE account from a foreign country?

Making transactions from any bank in the world is permissible. But, you need to know the related rules and regulations. You can remit hundreds to millions of rupees. But at the same time, you should know your transaction limits and taxability. If you want to save your money, you should know about the remittance guidelines.

Yes, an insight of these guidelines would prevent you from uncertain loss via tax. This article will help you to know the nuts and bolts of these norms. Catch them below:

What do you mean by remittance of funds?

Do you send money to parents or any relative in India from overseas?  If yes, your money transfer is known as the remittance of funds. Be it a peer-to-peer bank transfer, or an online delivery, your transaction would be considered the remittance of funds.

In all, it implies the transferability of funds. India’s Reserve Bank (RBI) is the regulator of this kind of foreign and indigenous exchange of money. It has set up separate investment laws non-residents (NRIs), citizens and foreigners to invest in India. The NRIs can invest in many profitable and tax-saving schemes, like PPF. But first, they should be acknowledged of the remittance policy.

Let’s have a look over the defined guidelines for NRIs to transfer money.

Rules Regarding Remittance for NRIs:

  • Defined Limit: The RBI has defined how much amount you could transfer in a financial year (FY). Currently, you (NRI) can remit $250,000 per FY. If your fund transfer falls behind this limit, it’s permissible. But, it must not exceed. (This Apex fund regulation authority can change this limit the next year.) And, you can remit from your current account or capital transaction (that falls under the Liberalized Remittance Scheme or LRS). If you want to know more about LRS, you can check its details from the official website of the RBI (i.e. https://www.rbi.org.in/scripts/NotificationUser.aspx?Id=11255&Mode=0).
  • Defined Status: The Apex Bank regulation authority permits only the citizens of India to transfer funds under the LRS scheme. It has defined the citizens as a person who has been in India for more than 182 days or more in the previous financial year.

If you’ve any doubt to identify your status, you can consider these facts:

  1. A foreigner who has come to an appointment in India or to carry out his business or to accommodate India for an uncertain period will not be deemed the resident of India, although he has been here for more than 182 days.
  2. An Indian who settled abroad on appointment or to carry out business or accommodate a foreign country will not be deemed the resident, although he has been here for more than 182 days.
  • Defined Transactions: The NRI can’t deal in all fund transfer. He can transact for:
  1. Travel expenses outside India
  2. Donations
  3. Gifts
  4. Helping close relative abroad
  5. Business trip
  6. Foreign study
  7. Medical treatment
  8. Foreign immovable property
  9. Foreign investment
  10. Lending Rupees to NRIs/PIOs under certain conditions.
  • Defined Prohibitions: The non-residents are disallowed to transfer money for:
  1. Purchasing lottery ticket
  2. Purchasing foreign convertible bond via an Indian company that deals in foreign market.
  • Defined Relaxation: If you want leniency, you can seek it. But, the limit criterion will be there. It would be $250,000 or less. Here are a few permissible grants:
  1. Medical treatment abroad
  2. Study in the foreign country

If the remittance exceeds the defined limit, you can seek a general permission from the doctor or a university. It would be granted when you would prove that your necessity is genuine.

Transactional Policies for NRIs:

  • Permissible bank accounts: Generally, NRIs are permitted to open account in any of the four types of bank accounts. They are NRE, NRO, FCNR and the special non-resident rupee account. The popular accounts in Indian diaspora are NRE and NRO accounts.
  • Privileges:

The NRE account is meant for the resident Indians who live abroad. It’s repatriable. Also, the foreign citizens who originally belong to India can also open this account. The NRE account holders can remit funds from the foreign country. Even, this remittance covers the income from NRI investment in India, current income and so on.

On the other hand, the NRO account is meant for the non-residents, including the foreigners originated from India. If you have this type of account, the inward remittance is permissible. It means that you can make transactions from overseas. The rental income from Indian property, pension and interest can also be remitted via this account. If you ask about the repatriable amount, the NRO account holders can transfer $1million as per prescribed regulation of the RBI.

How NRIs can comply for paying tax?    

  1. What documents should they have?

The amount that you remit from overseas would be taxable. The amount would be debited to the Indian treasure. You should have all these documents to pay tax:

  • Form A2
  • A Chartered Accountant’s Certificate (Form 15 CB)
  • Self-declaration form (Form 15 CA)
  • PAN card, if you’re remitting amount exceeds $250,000 under the LRS.
  1. Tax on gift:

The relatives of the NRIs can gift anything. But, its valuation should not exceed $250,000 in a FY. Otherwise, it’s taxable.

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