Visa stamping appointment related question.

[baddy]

Hi,

I changed my status from F1 to H1B in october 2008. When I book an appointment through VFS, it is asking whether "I am citizen of India/Bhutan or An Indian citizen resident in US".
Another question is "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*"

I still have F1 stamping which expired in July 2009.
But I changed my status from F1 to H1B in october 2008. I dont have H1B stamping on my passport.
What options should I select for the above questions? Please respond as it is urgent.

Thanks

[sk4ih]

1. option 1, as you're going to apply in India
2. answer 'No'

[shervin143]

I changed my status from F1 to H1B in october 2008. When I book an appointment through VFS, it is asking whether "I am citizen of India/Bhutan or An Indian citizen resident in US".
>>> If you are currently residing in U.S, then you can select "Indian citizen resident in U.S".

Another question is "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*"
>>> This should be "No" since your existing visa in passport is F1 and you are applying for H1B.

[baddy]

I called VFS and they told me to select first option. What should I select .

I am still confused.

[sk4ih]

Second option applies when you're applying in Canada/Mexico (being a resident of US), for example.
So go with option 1.

[baddy]

"shervin143" Are you sure?

"SK4ih" is giving an answer which is different from your answer.

Please reply back.

Thanks.

[abhayg4]

Hi,

Please refer this link

http://www.immihelp.com/forum/showthread.php?t=69034

Just because you were in US does not make you "US Resident".

Thanks and Regards,
Abhay

[milda]

Hi Baddy:

If I share my personal experience, when I went India before 6months, I have selected "An Indian Citizen resident in the US". I was already on H1b and when went there, it was expired on passport, so, went for restamping.

Hopefully, this will clear your doubt as it is my own practical experience as I got my stamping done successfully.

[Note:- I am sharing my views, contact your attorney for the best advice.]

[baddy]

I followed the below link to determine whether I am I am an Indian citizen resident in US or not.

http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html

If I analyze my situation I fall under second option because I stayed here more than 183 days.

Total this year 2010: 86
1/3 of 2009: 120
1/6 of 2008: 60

The total is 266 which is more than 183 days.

Though I have F 1 on my passport, my status changed to h1b in october 2008. So I think my visa is not valid.

This will be helpful to all people who have the same doubt while booking appointment through VFS website.

Thanks

[baddy]

One more thing

Exempt individual for "an Indian citizen resident in US".

Exempt Individual: A student temporarily present in the United States under an "F, " "J, " "M, " or "Q " visa, who substantially complies with the requirements of the visa.

Look at the sentence " who substantially complies with the requirements of the visa". If you change to H1B you no longer comply to requirements of F1.

Note : Dont give unsure answers Mr.sk4ih with out doing any research.

Thanks

[sk4ih]

I didn't understand your last post.
You found answer to your question or still asking the same question?

[abhayg4]

Hi baddy,

If you were in US since OCT'2008 and never went outside since then:
As per the calculations it should be like this:
(A) 2010- From JAN'10 till today - 69 days (which satisfies the first condition that you should be present 31 days during the current year)

(B) For 183 days during the 3-year period that includes the current year and the 2 years immediately before that:

(i) 2010- 69 Days
(ii) 2009- if you were in US all 365 days then 1/3*365 = 121 Days
(iii) 2008 - 1/6 of the DAYS you were in US on H1 which is from OCT'08 to DEC-08 = 1/6 * 92 = 15

So total is = 69 + 121 + 15 = 205 (which is more than 183 days) - so you qualify for the SECOND OPTION.

I am just mentioning it again - because in your calculation - you just doing 1/3 or 1/6 of 365 days but it should be actaully 1/3 or 1/6th of the days you were in US physically on H1.

Also: Please note that this forum is to give veiws /opinions- It is your own duty to do Research and follow what you think is right.
So , please don;t accused others of doing Research before replying.

Thanks and Regards,
Abhay