Opt Extension Case Meedha Review --Must Read Some Important Points

[vasu123]

What ideas sir ji?

Cpt theesukovadam manchi idea na in this case

[vasu123]

---

[phatposts]

aaithe nannu dec ki grad aaipomantava?!! problem emm undaduga??

Ala evvaru cheppaleru. Evaranna cheppi nuvvu nammithe, adi nee tappu. 

Blunt gaa cheppanu ani saavagottakandi malli. No one knows what happens in Immigration.

 

Emanna CPT options unte inkoncham extend cheyyataniki try cheyyi. Leka pote grad ayyi hope for the best.

[k2s]

 

FURTHER HEARTBREAK FOR EB-2 INDIAN AND CHINESE NATIONALS

 

During a week where another leading  technology company (Google) promoted an immigrant to CEO, the United States continues it antiquated quota system of granting green cards to high skilled employees.   Once again there is retrogression for Indian and Chinese nationals.   The State Department ("DOS") released the Visa Bulletin for September 2015   There was forward movement in most employment- and family-based visa categories.  However the employment-based second preference categories for mainland China and India retrogressed to January 1, 2006, from December 15, 2013, and October 1, 2008, respectively.

 

Why did this happen?

 

The September retrogression of EB-2 China and India can primarily be attributed to skyrocketing demand for EB-2 Worldwide, which has left fewer numbers available for India and China. Currently, the availability of visas for India and China is largely driven by Worldwide demand. Earlier this year, EB-2 Worldwide demand was around 2,400 per month and started creeping up steadily in March. In June, demand peaked at 6,700, and with July usage totaling 4,400 it was necessary for the State Department  to take corrective action for EB-2 China and India to limit future  use.

 

Similarly, fewer EB-1 numbers are available to fall down to EB-2 China and India. During the second quarter of the fiscal year, 9,300 EB-1 numbers were used. That jumped to 13,500 EB-1 numbers in the third quarter.

 

In particular, overall EB-2 India usage is down significantly this year due to the fact that fewer unused numbers are available for this category. Last fiscal year, EB-2 India used approximately 23,000 numbers. This year, it is expected that EB-2 India will use approximately 7,500 numbers. This is approximately 9,700 fewer numbers than that which were used in FY 2013.

 

What do we expect in the future ?

 

Charles ("Charlie") Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, expects that  EB-2 dates will advance in October as we enter the new fiscal year.  

 

 

 

JUDGE INVALIDATES 17 MONTH STEM OPT PERIOD; STAYS ORDER UNTIL 2/12/16

 

The court held that a 2008  Department of Homeland Security (“DHS”)  rule extending the period of post-graduation optional practical training (OPT) by 17 months for STEM students on F-1 visas was invalid, because DHS promulgated the rule without notice and comment. The court found, however, that vacating the rule immediately would cause substantial hardship for F-1 STEM students and would create a major labor disruption for the technology sector. As such, the court ordered that the 2008 rule and its subsequent amendments be vacated, but that the vacatur be stayed until February 12, 2016, during which time DHS may submit the rule for proper notice and comment.

 

Currently, foreign students are authorized to work for a 12-month period after graduation from a U.S. degree program.  Foreign students graduating from Science, Technology, Engineering and Math (STEM) degree programs are granted an additional 17 months of employment if employed  with an e-verify company.    

 

DHS promulgated this rule in 2008 without notice and comment. In justifying this decision, the agency cited 5 U.S.C. § 553( B), which allows an agency to dispense with the notice-and-comment requirement “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.”The agency explained that 30,205 F-1 students were on OPT status that would expire between April 1 and July 31, 2008, that those students “will need to leave the United States unless they are able to obtain an H-1B visa for FY09 or otherwise maintain their lawful nonimmigrant status,” and that the 17-month extension “has the potential to add tens of thousands of OPT workers to the total population of OPT workers in STEM occupations in the U.S. economy.”    

 

Effect on a current valid OPT ?

 

Current STEM 17 month OPT’s remain valid.   One can also apply for an OPT STEM extension.   The Court has provided DHS  until February 12, 2016 to satisfy  the proper notice and comment periods.

 

What may happen by February 12, 2016 ?

 

In June, 2015, the Obama administration  proposed an OPT period for up to six years for STEM graduates and for three years for non STEM graduates.   The proposal would allow foreign student graduates to remain in the United States if they are unable to be selected in the H-1B lottery.   This past fiscal year we witnessed about 233,000 applications for the 85,000 quota.   The hope would be that the administration now has the impetus to move forward with this proposal and “kill two birds with one stone”  by February 12, 2016. 

 

If DHS is unable to enact this rule in a timely manner,   the result would be the elimination of thousands of jobs for persons on their STEM OPT extension.    The consequences would be even more devastating  because these employees would not be able to work pending  an H-1B petition filed in next year’s cap.   I would assume the Obama Administration will act in a timely manner to avoid the substantial loss for U.S. companies and foreign students.

 

 

 

REMINDER:   FILE AN AMENDED H-1B PETITION FOR ANY LOCATION CHANGE AFTER AUGUST 18TH

 

Based on the Simeio Solutions court decision and recent USCIS memo, a  company must file an amended H-1B petition  for any employee that moves to another Metropolitan Statistical Area.  

 

Below is a summary of the actions a company must undertake based on the revised final guidance:

 

 

The USCIS released a memo providing final guidance on amended H-1B petitions as a result of the Simeio Solutions court decision.  

 

 Below is a summary of the actions a company must undertake based on the revised final guidance:

 

 

If the employee changes the work location to a new Metropolitan Statistical Areas (MSA)

             Company Action

On or prior to April 9th

An amended petition is not required to be filed and the USCIS will NOT undertake any adverse action against the company.

Between April 10th and August 18th

An amended petition is required to be filed by January 15, 2016.

After August 18th

An amended petition is required to be filed prior to the employee moving to the new location.

 

 

 

An amended H-1B petition is not required if the employee moves to a new work location within the same metropolitan area and there has been no material change in the job duties of the employee. 

 

An amended petition is not required if the employee is required to travel for a short duration to another metropolitan area for purposes such as meetings, seminars, conferences, trade shows etc.  

 

The amended H-1B petition will require the same or similar documentation as filing the original H-1B petition including end client documentation for consulting companies.  The USCIS confirms that the original petition remains valid if the amended H-1B petition is denied.Shah and Kishore will continue to provide you with updates and analysis.  

 

[torrent]

:3D_Smiles_38:

[iphone7]

Ee december ki grad avdam anukoni ippudu extend chesukuni cpt teesukundam anukunnavallu randi

bro nenu unna emaina better options unte cheppu discuss chedam

[vasu123]

bro nenu unna emaina better options unte cheppu discuss chedam

 

 

cpt theesukoni delay cheyadam better emo grad, cpt theesukoni one class ala register kavachu kada?

[ronitreddy]

 

 

FURTHER HEARTBREAK FOR EB-2 INDIAN AND CHINESE NATIONALS

 

During a week where another leading  technology company (Google) promoted an immigrant to CEO, the United States continues it antiquated quota system of granting green cards to high skilled employees.   Once again there is retrogression for Indian and Chinese nationals.   The State Department ("DOS") released the Visa Bulletin for September 2015   There was forward movement in most employment- and family-based visa categories.  However the employment-based second preference categories for mainland China and India retrogressed to January 1, 2006, from December 15, 2013, and October 1, 2008, respectively.

 

Why did this happen?

 

The September retrogression of EB-2 China and India can primarily be attributed to skyrocketing demand for EB-2 Worldwide, which has left fewer numbers available for India and China. Currently, the availability of visas for India and China is largely driven by Worldwide demand. Earlier this year, EB-2 Worldwide demand was around 2,400 per month and started creeping up steadily in March. In June, demand peaked at 6,700, and with July usage totaling 4,400 it was necessary for the State Department  to take corrective action for EB-2 China and India to limit future  use.

 

Similarly, fewer EB-1 numbers are available to fall down to EB-2 China and India. During the second quarter of the fiscal year, 9,300 EB-1 numbers were used. That jumped to 13,500 EB-1 numbers in the third quarter.

 

In particular, overall EB-2 India usage is down significantly this year due to the fact that fewer unused numbers are available for this category. Last fiscal year, EB-2 India used approximately 23,000 numbers. This year, it is expected that EB-2 India will use approximately 7,500 numbers. This is approximately 9,700 fewer numbers than that which were used in FY 2013.

 

What do we expect in the future ?

 

Charles ("Charlie") Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, expects that  EB-2 dates will advance in October as we enter the new fiscal year.  

 

 

 

JUDGE INVALIDATES 17 MONTH STEM OPT PERIOD; STAYS ORDER UNTIL 2/12/16

 

The court held that a 2008  Department of Homeland Security (“DHS”)  rule extending the period of post-graduation optional practical training (OPT) by 17 months for STEM students on F-1 visas was invalid, because DHS promulgated the rule without notice and comment. The court found, however, that vacating the rule immediately would cause substantial hardship for F-1 STEM students and would create a major labor disruption for the technology sector. As such, the court ordered that the 2008 rule and its subsequent amendments be vacated, but that the vacatur be stayed until February 12, 2016, during which time DHS may submit the rule for proper notice and comment.

 

Currently, foreign students are authorized to work for a 12-month period after graduation from a U.S. degree program.  Foreign students graduating from Science, Technology, Engineering and Math (STEM) degree programs are granted an additional 17 months of employment if employed  with an e-verify company.    

 

DHS promulgated this rule in 2008 without notice and comment. In justifying this decision, the agency cited 5 U.S.C. § 553( B), which allows an agency to dispense with the notice-and-comment requirement “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.”The agency explained that 30,205 F-1 students were on OPT status that would expire between April 1 and July 31, 2008, that those students “will need to leave the United States unless they are able to obtain an H-1B visa for FY09 or otherwise maintain their lawful nonimmigrant status,” and that the 17-month extension “has the potential to add tens of thousands of OPT workers to the total population of OPT workers in STEM occupations in the U.S. economy.”    

 

Effect on a current valid OPT ?

 

Current STEM 17 month OPT’s remain valid.   One can also apply for an OPT STEM extension.   The Court has provided DHS  until February 12, 2016 to satisfy  the proper notice and comment periods.

 

What may happen by February 12, 2016 ?

 

In June, 2015, the Obama administration  proposed an OPT period for up to six years for STEM graduates and for three years for non STEM graduates.   The proposal would allow foreign student graduates to remain in the United States if they are unable to be selected in the H-1B lottery.   This past fiscal year we witnessed about 233,000 applications for the 85,000 quota.   The hope would be that the administration now has the impetus to move forward with this proposal and “kill two birds with one stone”  by February 12, 2016. 

 

If DHS is unable to enact this rule in a timely manner,   the result would be the elimination of thousands of jobs for persons on their STEM OPT extension.    The consequences would be even more devastating  because these employees would not be able to work pending  an H-1B petition filed in next year’s cap.   I would assume the Obama Administration will act in a timely manner to avoid the substantial loss for U.S. companies and foreign students.

 

 

 

REMINDER:   FILE AN AMENDED H-1B PETITION FOR ANY LOCATION CHANGE AFTER AUGUST 18TH

 

Based on the Simeio Solutions court decision and recent USCIS memo, a  company must file an amended H-1B petition  for any employee that moves to another Metropolitan Statistical Area.  

 

Below is a summary of the actions a company must undertake based on the revised final guidance:

 

 

The USCIS released a memo providing final guidance on amended H-1B petitions as a result of the Simeio Solutions court decision.  

 

 Below is a summary of the actions a company must undertake based on the revised final guidance:

 

 

If the employee changes the work location to a new Metropolitan Statistical Areas (MSA)

             Company Action

On or prior to April 9th

An amended petition is not required to be filed and the USCIS will NOT undertake any adverse action against the company.

Between April 10th and August 18th

An amended petition is required to be filed by January 15, 2016.

After August 18th

An amended petition is required to be filed prior to the employee moving to the new location.

 

 

 

An amended H-1B petition is not required if the employee moves to a new work location within the same metropolitan area and there has been no material change in the job duties of the employee. 

 

An amended petition is not required if the employee is required to travel for a short duration to another metropolitan area for purposes such as meetings, seminars, conferences, trade shows etc.  

 

The amended H-1B petition will require the same or similar documentation as filing the original H-1B petition including end client documentation for consulting companies.  The USCIS confirms that the original petition remains valid if the amended H-1B petition is denied.Shah and Kishore will continue to provide you with updates and analysis.  

 

 

adi ma lawyer pampinchindu dad..opt extension/GC Dates inka H1 amendment gurinchi..

[vikuba]

kaadu bhayya nenu dec ki graduate avutha. Ma friends andaru eviveo plans vestunaru e sm drop/CPt chesi next sem lo graduate avutharu anta. ela cheste better ga untundi emaina suggestions ivvandi worried about this :(

intelligent friends..nice plan.

 

to be honest...the rule is ..CPT chestey..aa time kuda OPT lo cut chestharu. kaani konni univs they are not doing it. nuvu last sem lo untey CPT isthaara ipdu ?

oka vela isthaaru ankuntey...take CPT (only after 1 yr of studies)..then do CPT..later apply for OPT..

this will extend you stay in america and make the best of it.. as much as u can...

[vasu123]

intelligent friends..nice plan.

 

to be honest...the rule is ..CPT chestey..aa time kuda OPT lo cut chestharu. kaani konni univs they are not doing it. nuvu last sem lo untey CPT isthaara ipdu ?

oka vela isthaaru ankuntey...take CPT (only after 1 yr of studies)..then do CPT..later apply for OPT..

this will extend you stay in america and make the best of it.. as much as u can...

 

 

CPT chesthe OPT enduku cut chestaru man, motham 12 months chesthe cut avutundi opt, 11 months ala CPT chesthe motham OPT time use chesukovachu,  avunu oka sem drop avvocha without register to class and do CPT? only summer term ke break teesukovachu anukunta, ippudu CPT theesukovalante college lo minimum enno classes register avvali ala emina untada? 2 classes migilay anukondi ippudu last sem ki avi register kakunda cpt adagocha? next sem lo avi theesukoni cpt chesthu complete cheyyocha?

[DaleSteyn1]

intelligent friends..nice plan.

to be honest...the rule is ..CPT chestey..aa time kuda OPT lo cut chestharu. kaani konni univs they are not doing it. nuvu last sem lo untey CPT isthaara ipdu ?
oka vela isthaaru ankuntey...take CPT (only after 1 yr of studies)..then do CPT..later apply for OPT..
this will extend you stay in america and make the best of it.. as much as u can...

cpt more than 11 months adhinkooda full time cpt chesthe opt lo nunchi cut avthundhi manollu 20hrs annttu chooinchi cpt naduputhar which doesnt effect opt us immig lo bokkalani manollunpattukunattu evarunpattukoru. Us odu time dorikinappudu patch lu estha untadu

[Connexion]

cpt more than 11 months adhinkooda full time cpt chesthe opt lo nunchi cut avthundhi manollu 20hrs annttu chooinchi cpt naduputhar which doesnt effect opt us immig lo bokkalani manollunpattukunattu evarunpattukoru. Us odu time dorikinappudu patch lu estha untadu

idoti yedsinda 40 hrs cheyadda?

[vasu123]

idoti yedsinda 40 hrs cheyadda?

 

 

summer lo ayithe courses register avvakunda 40 hours kooda rayinchochu man legal ga, normal sem time lo  studies tho patu cpt idi so 20 hours rayali legal ga.

[DaleSteyn1]

idoti yedsinda 40 hrs cheyadda?

nuvvu 40 hrs chey payroll 20 hrs ki run cheyinchko

[vasu123]

nuvvu 40 hrs chey payroll 20 hrs ki run cheyinchko

 

 

offer letter lo 20 hours matrame rayinchu college ki submit chesetappudu cpt ki