at0474
12-14 01:09 PM
Don't be upset dude. I'm just trying to suggest so that we could think out of the box. I don't think I have a bad taste.
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
--Cheers!
Honestly, we tend to be discuss to much the law here. We are not experts of law and I think we should start calling our lawyers and talk to them about this idea. Let's see what our lawyers will say and then we can share those comments from lawyers.
Please don't be upset.
--Cheers!
wallpaper Kristen Stewart Wallpaper
seahawks
10-04 09:24 AM
as far as I don't agree about the system where people who come in after us get their GC through labor substitution, and the system is being abused. I wish they would count years of stay in America, rather than anything else:)
belmontboy
05-29 06:37 PM
I have been saying this for the past one year, let us forget everything else, let us not come up with new rules or ideas or suggestions (new quotas, fraud detection, sue USCIS fund, exteneded APs etc). Focus all our energies on the one issue that will help everyone from all affected countries....Recapture of Unused Visas.
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
If its recapture, then so be it.
BTW, 120k is just indians. What about chinese, mexicans??
instead of try on our own, why don't we group ourselves - as someone suggested 100-150 should be good enough.
Lets group and mail president, chief of staff, your local senator, and few others (who favor legal immigration).
can some good english pundits draw a sample letter highlighting our cause and need for visa recapture?
Also lets have a poll and get list of participants.
The plan shall be mail one letter to each every week. All it would cost you is a printout, an envelope, a 42cents stamp and 5 minutes. Its not too much asking though
Any body has better suggestions?
Recapture campaign will not divide us in EB 1 Vs 2 Vs 3 or countries. Over the past year a number of people have quit because of the bickering.
Recapture has a precedent because it was approved by Clinton earlier.
Recapture is free of country caps and it does not affect the existing visas. Murthy's article mentions that 120k are stuck in limbo and we know that there are around 400k visas available...i dont know what more motivation people need to fight for this issues.
On our own each one of us can do the following:
a) Try to arrange a meeting with your congressman and senators
b) write a letter to all members of the Judicary committee
after that do whatever IV tells you to do
If its recapture, then so be it.
BTW, 120k is just indians. What about chinese, mexicans??
instead of try on our own, why don't we group ourselves - as someone suggested 100-150 should be good enough.
Lets group and mail president, chief of staff, your local senator, and few others (who favor legal immigration).
can some good english pundits draw a sample letter highlighting our cause and need for visa recapture?
Also lets have a poll and get list of participants.
The plan shall be mail one letter to each every week. All it would cost you is a printout, an envelope, a 42cents stamp and 5 minutes. Its not too much asking though
Any body has better suggestions?
2011 Kristen Stewart wallpapers
Lasantha
02-15 11:48 AM
What Beastia meant was, send your own personal cheques as opposed to getting your employer to send theirs or pay with bank drafts etc. That way like he explained, you will know when USCIS cashed your cheques, and if you have online access to your account you will get to find out your file number way before USCIS sends the receipt notice.
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
Aslo I belive you have to send seperate cheques for each application. One for 485, seperate one for EAD and another for AP. I don't know if that's a rule but that's how my attorney asked me to send the cheques.
Bestia,
First thanks 4 your advice. We'll send 2 separate cheques, one 4 me and one 4 my husband.Is this what U meant when suggesting 2 send "my own cheque"?
Why do U say I have good chance to have my AOS adjudecated? I really needed to hear that. Can U be more specific? Any idea/guess how long could it take to get GC?
About EAD. I 'm on H4, not working yet, that's why I am eager to get EAD. Do U think that there is no chance to get it within the 90 days? My husband is on H1B an he has I40 already approved. He won't leave his job that's for sure.
What "IV" stands for? Where can I found more about it?
more...
ugotdude
09-29 12:14 PM
I just arrived yesterday from Canada with an expired Visa and my extension notice from INS.
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
Can you post the link to the automatic revalidation law link?
I want to take the print
Unfortunatly, they officer was an ignorant pig without any knowledge about immigration. Luckily, I was sent to an office where officers were nice and well trained,
I recommend you to print out the actual law so you can have more arguments and arrive earlier to the airport if you are flying
Can you post the link to the automatic revalidation law link?
I want to take the print
samay
07-29 10:58 AM
Hello Sir,
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
You will have to draft a letter and submit all documents which you submitted for making the change on the passport. If you want assistance you can get in touch with me. These documents will include your marriage certificate, copy of your passport etc.
I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'No Name Given' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.
We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.
Sir, can you please let me know the process of amendment to get name change on the file. What applicaton do I need to fill, and what documents should i send with the form. Can I do it on my own or do i have to go thru a lawyer.
Your answer is highly appriciated.
Thanks,
hydubadi
You will have to draft a letter and submit all documents which you submitted for making the change on the passport. If you want assistance you can get in touch with me. These documents will include your marriage certificate, copy of your passport etc.
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unitednations
02-13 12:08 PM
I'm not sure that your numbers add up. There's no guarantee that anybody would receive a green card before their 90 or 180 day I-94 expires. Leaving the US and reentering to remain in status then runs the risk of putting immigration application in danger. In reality - PERM takes a couple of months to complete with advertising, interviewing, preparing documents and filing. The I-140/485 process takes another 6-8 months assuming that there are no RFEs and your case is processed in the faster service centers. This timescale only works for ROW applicants if they meet the EB-2 standard. This is not an easy standard to meet for many people who have worked at the same employer for a number of years.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
On a separate note, CIS is supposed to meet a standard where most green card applications are evaluated within less than a year. They claim to meet this standard by quickly approving applications whose dates are current and then not including backlogged applications in their calculations. One more example of fuzzy math at the CIS...
This is how the law works:
To file I-485; one has to be admissable and in non immigrant status(not subject to J-1 requirements, no major medical issues, no serious criminal issue). If there is a labor and priority date is current then you go straight to 140/485.
many times a company may have already filed a labor for you before you even get into USA.
There is protection of 245k which basically gives a buffer of 6 months. Essentially; one can file a 485 if they were out of status; worked without authorization or were in non immigrant status within six months of filing 485.
So what this means is if your I-94 card expires in March 31, 2007; you have protection to file 485 until about September 30, 2007. There is more then enough time to be able to file the 485. The big hiccup happens if the priority date moves backwards and you can't file the 485.
Last year there were a few people who had posted on immigration.com who had their 485's retruned by uscis. They came on visitor visa and labor approved but filed in eb3. Their stupid lawyers didn't realize the dates were retrogressed or when they started the process there was word of law change and they figured that by the time labor cleared; the visa dates would be current.
I wouldn't fight this much; it is well established that people do this and it goes on. This is one of the reasons why I was pretty much against filing 485 without priority date being current. There would be a mass flood of people who would file. People who currently file in political asylum or get married to us citizens or people who have family sponsorship and are waiting visa dates would all flip over to employment base and would cause millions of applications with never ending retrogression. it would have pretty much been a disaster.
2010 Kristen Stewart Bella
msp1976
02-19 08:13 AM
EB2 Ind & Chi.. if dates dont move for April (new calendar quarter), we better start donating too
To anyone sitting on the fence, waiting for X event to occur so that they would donate to IV.......
There is no great utopia waiting for you in April.....
Read this whole thread again please......
Now is the time to contribute money, a little bit of your time, a little effort to contact your lawmakers....
You better start 'Contributing' NOW
This is the time window for action...
To anyone sitting on the fence, waiting for X event to occur so that they would donate to IV.......
There is no great utopia waiting for you in April.....
Read this whole thread again please......
Now is the time to contribute money, a little bit of your time, a little effort to contact your lawmakers....
You better start 'Contributing' NOW
This is the time window for action...
more...
nixstor
02-14 03:24 PM
Totally agree. A and B are not mutually exclusive. We need to push for admin fix and in the meantime explore lawsuit possibility WITHOUT using IV name (does not mean IV members cannot participate as individuals in the lawsuit).
Here is my 2 cents on this
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
Here is my 2 cents on this
Lets say the interested muster around plaintiffs and sue USCIS. Also, The court agrees that USCIS did not do its duty. Will the court go to the extent of ruling over INA which clearly says that unused visa numbers cannot be recaptured? Will the courts/judicial system set such a precedent where they will go against law just because the agency failed to implement it correctly? I don't think they will set such a precedent by overruling against the law set up by congress and the President who signed it. By long shot, Can the court recommend congress to fix the situation by changing the law and by allowing recapture? Possibly. Does that help and fix our issue?
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jnayar2006
05-10 10:01 PM
The question of immigration to which country is better would probably yield one and the same answer based on the parameters that appear relevant to most people. However, the comparison of immigration processes and systems is an entirely different question - in theory, an employment based immigration system would be a lot better if it is based on correct assumptions. However, an employmet based system that ties an employee to the same job for the duration of the application process, and which requires that the same application processing be redone every time an employee changes jobs, while curtailing the maximum period of time the employee can work in the country is flawed. If the reasoning behind this is that the employee has to show that he/she is indespensible to that one job (with all the highly specific skills that come attached to the job description) which no US citizen/resident is qualified to do, should statistics not show that the majority of positions for which green cards were applied for and obtained have the same employee continuing in that role long after the said employee gets a green card? I would be very surprised if the numbers show that a significant number of employees stick around for any period longer than a year or so in their current, gc-approved roles (and by that, I mean the exact same role for which the GC was applied for - be it with the same company or elsewhere.). In a dynamic market for labor where "skillability" and "learnability" are much more important than current skills and learning, how important is the applicability of a person's current skills to a job that would anyway keep evolving or even changing altogether, during the 6 years of so that a person is employed in that capacity while waiting for the green card?
As long as any amount of faith can be placed on education as an indicator of a person's value to the society, one could contend that a person's level of education and employment *history* (not just the current job) can certainly be used as an excellent proxy for the person's value as an employee to the Nation's economy. Comparing this to the immigration process of Canada etc where the skilled immigrants have not been able to find productive employment commensurate with their titles does not take into account the differences between the two economies. The problem is that skilled immigration and the resultant increase of one factor of production - labor, does not necessarily mean that there is a corresponding increase in another extremely important factor of production - entrepreneurship. Over a period of time, though, this will change - the skilled immigrant population of countries like Canada is still relatively young - eventually, with all the other factors of production coming together, and hopefully, with suitable backing via policies that support a good business climate, things will improve in these countries as well. And this is the main thrust of amny of our arguments to the policy makers - if government policy towards improving the economy using skilled immigration is better in other countries that in the US, then the US is losing some piece of the economic progress pie.
Just my $0.02.
As long as any amount of faith can be placed on education as an indicator of a person's value to the society, one could contend that a person's level of education and employment *history* (not just the current job) can certainly be used as an excellent proxy for the person's value as an employee to the Nation's economy. Comparing this to the immigration process of Canada etc where the skilled immigrants have not been able to find productive employment commensurate with their titles does not take into account the differences between the two economies. The problem is that skilled immigration and the resultant increase of one factor of production - labor, does not necessarily mean that there is a corresponding increase in another extremely important factor of production - entrepreneurship. Over a period of time, though, this will change - the skilled immigrant population of countries like Canada is still relatively young - eventually, with all the other factors of production coming together, and hopefully, with suitable backing via policies that support a good business climate, things will improve in these countries as well. And this is the main thrust of amny of our arguments to the policy makers - if government policy towards improving the economy using skilled immigration is better in other countries that in the US, then the US is losing some piece of the economic progress pie.
Just my $0.02.
more...
lazycis
02-13 08:46 AM
Does any one on this forum happen to know an approximate dollar amount that would cost for if we (IV team) is planning to proceed further with this class action law suite on USCIS?? the reason I am asking for is if we have known dollar amount/target amount in hand it makes it easy for all to start contributing towards this target amount and proceed further with law suite.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.
I am sure someone on IV team would create a separate bucket for this specific class action law suite task and keep track of amount that's been collected...
Yes, I totally support this class action suite and also willing to support as mush as I can financially....
I think the good start is to consult with Rajiv Khanna. He has an experience in class-actions/federal litigation and will tell whether it is feasible to go this way. It will cost $600 (approximately). To file a class-action complaint will cost around $10k. The rest depends on the lenght of the proceedings, but my estimate is another 20-30k. Peanuts comparing to lobbying :) IV may not want to go this way, as Mark Bartosik once explained, it may hurt its other efforts. If that's the case, potential plaintiffs can work with lawyers directly.
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syzygy
02-12 11:08 PM
The good reason is if USCIS was sued and something happened in our favor, the lawyers would lose us from their rugs.
Please all contact your lawyers and AILA why they have not filed a class action lawsuits yet for us?
I can't think of a good reason why they have not till now. We will know if class action lawsuit is a good idea or a bad idea.
Please all contact your lawyers and AILA why they have not filed a class action lawsuits yet for us?
I can't think of a good reason why they have not till now. We will know if class action lawsuit is a good idea or a bad idea.
more...
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Openarms
10-29 04:46 PM
This is one of the dumbest idea ever discovered in this forum.
tattoo Kristen Stewart
chi_shark
09-23 09:00 PM
have you ever considered that you may be too dumb to comprehend it? you can be classified in the same people who called gandhi's idea foolish or idea of a personal computer outlandish etc... if you cannot believe just sit back, relax and enjoy the flight.
i cant believe ppl think this is a brilliant idea..
economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
i cant believe ppl think this is a brilliant idea..
economy is screwed for a while..citizens are on life support..and you want immigrants to be welcomed with open arms..
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Legal
07-23 12:50 PM
Legal,
I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.
that EB3 quota has been used up for this fiscal and will re-open in October only. I assume you're wondering whether some FB spill over would go to EB3. If that's the case they wouldn't have announced EB3 quota is over.
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ramus
06-28 01:00 PM
Nope... You can send it on Saturday for 2 day delivery so they will get it on Monday.. When you send it on Saturday , make sure you do 2 days delivery..
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
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_TrueFacts
09-04 08:08 PM
I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Kanaka
We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.
Kanaka
We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.
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gagbag
07-03 09:47 PM
http://www.forbes.com/feeds/ap/2007/07/02/ap3879453.html
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ItIsNotFunny
11-06 03:17 PM
Time to push it.. 200K will buy houses is quite believable given the points that we have monies to do it, and given the market. We need a campaign. Also once the new President wins, never forget to congratulate him and at the same time request help.
Lets do this. Contgratulate Obama with proposal of GC for House scheme (need better words though :)).
Lets do this. Contgratulate Obama with proposal of GC for House scheme (need better words though :)).
samay
07-29 08:33 AM
While applying EAD online, by mistake I put family name as first name and first name as last name, Now I have got RFE saying service record indicates my name is different, so send birth certhificate. Do I need to send a cover letter saying this was mistake and I swapped the name by mistake.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
Can It be corrected or it is very seroius mistake.
Yes it can be corrected at this time. You can answer the RFE yourself and explain you mistake or ask your attorney to do so. I would suggest that contact your attorney so that you can prevent any future mistakes.
Jaime
05-12 11:59 PM
Well, I have been on this forum for over a year, and I have been doing my research, you guys have given me a great idea...immigrating to India. I know that right now India might not be as comfortable as Laguna Beach, (but then agan 99% of the world isn't). I think that if I go to India now, work hard, endure a bit of discomfort and do my best that I will be a millionaire in my later years, whereas in the U.S. thigns are declining, and I will have grandkids before I get a Green Card.
This is where India Green Card comes in. So, I am looking for a job in India (non-tech, but rather business/marketing related).I would appreciate any help that you guys could give me. I have researched that I have to find a job and show a contract of employment from the sponsoring company in India, as well as an appointment letter from the sponsoring organization and proof that the organization is registered in India.
Then it allpoints out tome having to apply for an employment visa at the consulate with jurisdiction over my place of residence, and I am awae that my visa may require clearance by the Ministry of Home Affairs or Reserve Bank of India before the visa is issued. My question is on how to contact the MHA for this? Do any of you have their phone/fax numberor address?
Further, I found that in India a foreign national may not change employers. If the foreign national wishes to change employers, the foreign national must leave the country and re-enter with a new visa for that particular new employer. So, I am looking for something really steady before I even set foot in India, and that's why I need your all's help!!!
Since the Ministry of Home Affairs (MHA) reserves discretion to determine the period of validity of the visa, it could really be good for a few months or years, impossible to know before applying. The good thing is that the Foreign Registration Regional Office (FRRO) may grant extensions of up to three months. Upon approval by the MHA, the FRRO may grant an extension of up to one year. Thereafter, the FRRO may grant extensions for four more years on a year-to-year basis.
I am so excited and confused at the same time. India is my future, and I am going to need a lot of your help IV friends! At least I speak English, but I am also thinking of getting a pivate Hindi tutor. Any thoughts woud be VERY VERY appreciated! Thanks!!!!
This is where India Green Card comes in. So, I am looking for a job in India (non-tech, but rather business/marketing related).I would appreciate any help that you guys could give me. I have researched that I have to find a job and show a contract of employment from the sponsoring company in India, as well as an appointment letter from the sponsoring organization and proof that the organization is registered in India.
Then it allpoints out tome having to apply for an employment visa at the consulate with jurisdiction over my place of residence, and I am awae that my visa may require clearance by the Ministry of Home Affairs or Reserve Bank of India before the visa is issued. My question is on how to contact the MHA for this? Do any of you have their phone/fax numberor address?
Further, I found that in India a foreign national may not change employers. If the foreign national wishes to change employers, the foreign national must leave the country and re-enter with a new visa for that particular new employer. So, I am looking for something really steady before I even set foot in India, and that's why I need your all's help!!!
Since the Ministry of Home Affairs (MHA) reserves discretion to determine the period of validity of the visa, it could really be good for a few months or years, impossible to know before applying. The good thing is that the Foreign Registration Regional Office (FRRO) may grant extensions of up to three months. Upon approval by the MHA, the FRRO may grant an extension of up to one year. Thereafter, the FRRO may grant extensions for four more years on a year-to-year basis.
I am so excited and confused at the same time. India is my future, and I am going to need a lot of your help IV friends! At least I speak English, but I am also thinking of getting a pivate Hindi tutor. Any thoughts woud be VERY VERY appreciated! Thanks!!!!
