Visa application question

[mohankul]

I have been getting different respone from different people.

I am in the US. My status changed from F1 to H1b this October.

I plan to travel to India.
For applying for H1-b visa stamping, I am using VFS website.

It asks in the beginning:

Are you a resident of India or Are you Indian citizen resident in the US

What should be the answer?

Thanks,

[shervin143]

A clear answer is been provided to you in your previous post. You need to choose "Indian citizen resident in the US".

http://www.immihelp.com/forum/showthread.php?t=68946

If you still have doubts, then you should call the VFS helpline Number. The VFS helpline number is for any issues that you face while filling the Visa Forms.

[abhayg4]

Hi ,

The actual meaning of the term that "Indian citizen resident in US" is for the people who met one of the two tests for the calendar year:

(a) Green card test - If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws
OR

(b) Substantial presence test - To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year.

This is from the US IRS website-http://www.irs.gov/
It also says that DO NOT COUNT the days for the second test if you are a student temporarily present in the United States with an F, J, M, or Q visa .

So , ideally if you do not qualify for any of the TEST , then you are the RESIDENT OF INDIA.

But for the Visa Interview , I have seen that people have chosen the option - Indian Citizen Resident of US -if they are going for the stamping from US to India and do not qualify for any of the tests and still got the visa without any issues.
As mentioned , call the concerned VFS helpline and confirm from them .


Thanks and regards,
Abhay