jpismahatma Posted August 14, 2015 Author Report Posted August 14, 2015 CPT junk univ a istai..rendo MS kuda thopu univ la seyyalem babayya emi cheyelemu.. ... pHD chesuko.. 1yr cpt istharu kadha aada... 1st master cpt+opt better. .. PHD lo cpt... veela vallakamu chusthu unte.. they will target non immi anipisthundhi,....
tom bhayya Posted August 14, 2015 Report Posted August 14, 2015 Murthy forum lo konni posts untai...assal CPT echey univs lo enduku join itar...H1 lekapotey y dont you go back ani..atuvanti post emo anukunna... 1st MS kuda junk itey oddu ki cheripoyaadu kadha computer mundhu kurchuni ennana chepthaaru
raj_hyd Posted August 14, 2015 Report Posted August 14, 2015 emi cheyelemu.. ... pHD chesuko.. 1yr cpt istharu kadha aada... 1st master cpt+opt better. .. PHD lo cpt... veela vallakamu chusthu unte.. they will target non immi anipisthundhi,.... anni ipoinai bhayya..1st MS..OPT..2nd MS CPT..H1b..stamping...next GC a
raj_hyd Posted August 14, 2015 Report Posted August 14, 2015 oddu ki cheripoyaadu kadha computer mundhu kurchuni ennana chepthaaru voddu chere dhaka voda mallana..voddu cheraka boda mallanna..
jpismahatma Posted August 14, 2015 Author Report Posted August 14, 2015 anni ipoinai bhayya..1st MS..OPT..2nd MS CPT..H1b..stamping...next GC a yeah.. gc tharvatha nalla citizens uu..
Comfort Posted August 14, 2015 Report Posted August 14, 2015 dont study in Junk universities... Murthy Lawyer. Yes, ee problem antha Junk galla valane!
k2s Posted August 14, 2015 Report Posted August 14, 2015 I've read the entire 37 page opinion. In the end, the court held that the USCIS has the authority to make rules with respect to OPT, but in this case they didn't go through proper notice and comment rulemaking. The court has given the USCIS six months to publish notice and comment rules for the 17 month STEM extension. That's it.
k2s Posted August 14, 2015 Report Posted August 14, 2015 The plaintiffs lost. All they were able to accomplish was to get the court to force the USCIS to go through notice and comment rulemaking for the 17 month OPT extension. Once the USCIS does that, it's over.
k2s Posted August 14, 2015 Report Posted August 14, 2015 Ron, Do you think this impacts folks who are currently on a 17 Month OPT extension? Will the EAD's issued remain valid till the printed expiration date? Or will the USCIS withdraw those till this gets resolved? The EADs will remain valid. I don't really see much changing except for the likelihood that the USCIS will now require LCAs for all forms of practical training.
jpismahatma Posted August 14, 2015 Author Report Posted August 14, 2015 Yes, ee problem antha Junk galla valane! i feel pity on these guys.. even after 1st ms... h1b opt lo rakapothe.. shani... g lo baga undhi ani ardhamu...
k2s Posted August 14, 2015 Report Posted August 14, 2015 I think there are few things to consider in this case: Since this OPT extension is specifically given to STEM graduates, the plaintiffs were able to prove that they applied for STEM jobs and many had specifically asked for OPT status. (It is written in the court opinion). Such is not the case for H4 EAD. The plaintiffs could not prove that H4s are a direct competition to them since many H4s are not in IT, or they may even choose not to work. In case of F1 OPT, all F1s are working in STEM and hence, their OPT extensions - that's the difference. In case of I-140EAD/AP, applicants are already in the labor market, they can switch jobs. It can also be argued that this rule will actually make it fair for citizens since some shady employers prefer to hire H1Bs over citizens since they will be stuck in the backlog and they will take less pay etc. Now the playing field will be level. DHS admitted that the reason for increasing the OPT period is to allow STEM grads to remain in this country even if they do not get selected in the lottery and so that they can apply next year. The purpose of extending STEM OPT is just that - continue to keep STEM grads as temporary labor. But that's not what OPT is about. F1s are not dual intent visas - yet. Hence, they are supposed to return after the expiry of their OPTs. DHS openly admitted that the extension is being provided to allow STEM grads to transfer to H1Bs. Finally, in case of H4EAD and I-140EAD/AP, it is being provided to a selected group of people who have significantly moved forward in their immigration process. They have shown "intent to immigrate". Such is not the case for F1 OPTS. The program is strictly for increasing a temporary labor pool with no wage determinations and no US worker protection. I think that is what DHS/USCIS will have to do in their rulemaking. I also believe that this seriously hurts the chances of any other STEM OPT extensions (48 months) that the administration had planned to roll out. Thoughts?
k2s Posted August 14, 2015 Report Posted August 14, 2015 A federal judge made a ruling this week that could force tens of thousands of foreign workers, many of whom are employed at tech companies on student visas, to return to their home countries early next year. This ruling, released Wednesday by U.S. District Court Judge Ellen Huvelle in Washington, found that the government erred by not seeking public comment when it extended the 12-month Optional Practical Training (OPT) program to 29 months for STEM (science, technology, engineering and math) students. The OPT program allows someone to work on a student visa. Huvelle could have invalidated the OPT extension immediately but instead gave the government six months, or until Feb. 12, 2016, to submit the OPT extension rule "for proper notice and comment." Ian Macdonald, an immigration attorney at Greenberg Traurig, said that if the U.S. Department of Homeland Security (DHS), which overseas immigration, doesn't act to fix the problem before the court's Feb. 12 expiration, the OPT extensions "will be terminated with immediate effect and (the visa holders) will have 60 days to pack up their belongings." DHS officials did not respond by deadline to a request for comment. The U.S. extended the OPT program in 2008 to give STEM students more time to secure H-1B visas. The government's argument was that demand for the H-1B visa was so high that it was forced to distribute the visa by way of a lottery. This meant that if someone on a student visa failed to win a temporary work visa in the lottery, the student could be forced to leave the U.S. By extending the OPT program, student visa holders could remain in the U.S. while they tried again to gain an H-1B visa or some other means to remain in the U.S. Critics, meanwhile, assailed the OPT extension as "a back-door H-1B increase." The government's mistake, according to this week's court ruling, was in adopting the extension as an "emergency," and in doing so, it bypassed its own public comment and notice requirements. Huvelle said that there was nothing that made the OPT extension "suddenly urgent." John Miano, the attorney representing the Washington Alliance of Technology Workers, which brought the lawsuit, said the ruling is a "big victory for labor" that "cuts off the back door of using administrative action to bypass Congress." "American workers and the public at large were given no notice that the regulations were even being considered until DHS dropped them fait accompli without notice and comment," said Miano, a programmer who founded the Programmers Guild and later became a lawyer. The OPT program has proved to be increasingly popular. In 2008, the year the extension was adopted, the U.S. approved 28,500 OPT applications. In 2013, it approved 123,000. The court's timeline for fixing the OPT program is going to be "very challenging," Macdonald said, because of various government 30 and 60-day notice periods. "I think everyone is getting ready for DHS to push this rule within the six-month period," he said. There could be political problems as well. By restarting the regulatory approval process, Macdonald said that new challenges will emerge in Congress, as well as in the courts. Political fallout seems possible. One GOP aide for a Senate Judiciary Committee office, who wasn't authorized to speak and could only comment anonymously, said in response to the court ruling: "The Administration's abuse of the OPT program is extraordinary. American workers are paying the price daily." It was the administration of President George W. Bush that pushed through the OPT extension. President Barack Obama's administration supported it, and has extended the definition to STEM to include a broader range of college degrees.
jpismahatma Posted August 14, 2015 Author Report Posted August 14, 2015 I think there are few things to consider in this case: Since this OPT extension is specifically given to STEM graduates, the plaintiffs were able to prove that they applied for STEM jobs and many had specifically asked for OPT status. (It is written in the court opinion). Such is not the case for H4 EAD. The plaintiffs could not prove that H4s are a direct competition to them since many H4s are not in IT, or they may even choose not to work. In case of F1 OPT, all F1s are working in STEM and hence, their OPT extensions - that's the difference. In case of I-140EAD/AP, applicants are already in the labor market, they can switch jobs. It can also be argued that this rule will actually make it fair for citizens since some shady employers prefer to hire H1Bs over citizens since they will be stuck in the backlog and they will take less pay etc. Now the playing field will be level. DHS admitted that the reason for increasing the OPT period is to allow STEM grads to remain in this country even if they do not get selected in the lottery and so that they can apply next year. The purpose of extending STEM OPT is just that - continue to keep STEM grads as temporary labor. But that's not what OPT is about. F1s are not dual intent visas - yet. Hence, they are supposed to return after the expiry of their OPTs. DHS openly admitted that the extension is being provided to allow STEM grads to transfer to H1Bs. Finally, in case of H4EAD and I-140EAD/AP, it is being provided to a selected group of people who have significantly moved forward in their immigration process. They have shown "intent to immigrate". Such is not the case for F1 OPTS. The program is strictly for increasing a temporary labor pool with no wage determinations and no US worker protection. I think that is what DHS/USCIS will have to do in their rulemaking. I also believe that this seriously hurts the chances of any other STEM OPT extensions (48 months) that the administration had planned to roll out. Thoughts? scrooge are you part time lawyer outside ??
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