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Reddy & Neumann, P.C. on H1B

Chalanachithram.com DB » New TF Industry Related » Archive through January 05, 2018 » Reddy & Neumann, P.C. on H1B « Previous Next »
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Sesani
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Post Number: 56936
Registered: 08-2014
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Posted on Wednesday, January 03, 2018 - 10:00 am:       


Sasibabu:

he said even if they see a delay, they said will change him to H4 EAD as his spouse is already I-140 approved and in 8th year of h1B. so the period will be reclaimed and can get approved


H4 EAD legustundi ani talk... inka etla chestaadu H4 EAd
 

Sannayi_nokkulu
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Posted on Wednesday, January 03, 2018 - 12:06 am:       


Ruj:

Trump gadu talchukunte manaki ittadi avuddhi..law is clear..


king thinks no scarcity of hitting...Ade Raju talchuk u nte debbalaki kodavaledu
sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT
 

Ruj
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Posted on Tuesday, January 02, 2018 - 10:57 pm:       

Trump gadu talchukunte manaki ittadi avuddhi..law is clear..
 

Ruj
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Posted on Tuesday, January 02, 2018 - 10:56 pm:       


Gotcha:


got it..106 is only applicable for cases in case of lengthy adjudications..


104 is per country limit cases..and as per law 104 is supposed to be only 1 time extension post 6yrs..adhi kooda 'may' extend 1 time..

intha clear law ettukuni kooda immi lawyers ki artham kavatledu ante god bless..
 

Sasibabu
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Posted on Tuesday, January 02, 2018 - 10:54 pm:       

off topic but related to immigration....

Friend is in 6th year of h1b ...current employer applied for labor an year back but got RFE and still in process for more than a year

He got a full time position now and the new employer willing to do labor and I-140 and confident that they will get approved as there is 11 months time approx
he said even if they see a delay, they said will change him to H4 EAD as his spouse is already I-140 approved and in 8th year of h1B. so the period will be reclaimed and can get approved

ok antaaraa
 

Bharat
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Posted on Tuesday, January 02, 2018 - 10:52 pm:       

If you read the plain text of AC21, IV interpretation is more logical. If Trump wants, he can ask USCIS to issue a new guidance memo and change the policy. No need for even a new rule. Hopefully he won't do it or pray that we can win in a lawsuit.
 

Sannayi_nokkulu
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Posted on Tuesday, January 02, 2018 - 10:49 pm:       


Rediff:


true natakalu dengutnnaru... Elaanti konede gallani tokkalo
I first
.
sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT
 

Gotcha
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Username: Gotcha

Post Number: 28322
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Posted on Tuesday, January 02, 2018 - 10:47 pm:       


Ruj:


kadu IV is saying if two statements contradict each other then courts will look for intent:

There is explicit Supreme Court doctrine called the "surplusage canon" - the presumption that each word Congress uses is there for a reason. Since Congress specifically said that applicants waiting due to Per-Country Limits must apply for an H-1B extension beyond 6th year under Section 104(c), and the law requires that USCIS cannot grant you H-1B visa extension under Section 106(b).
Therefore, if your I-140 is approved and your dates are not current due to Per-Country Limits, then the Attorney General has the authority to decide not to extend your H-1B visa beyond 6th year.
And if online immigration lawyers are correct that Section 106(b) governs the matter, then under "surplusage canon" there would be zero need for Section 104(c), that would render Section 104(c) useless - which specifically discusses the extension of H-1B visa for cases delayed due to Per-Country Limits. That is not an interpretation the courts will accept. The "may" problem in Section 104(c) is VERY REAL, and we will need to fight with all our energy to stop this from happening (especially by pushing to enact HR 392).
...
 

Sp1234
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Posted on Tuesday, January 02, 2018 - 10:43 pm:       


Twitter:

if you have approved 140 then first time you will get 3 years and after that they may stop givig extension or give only 1 year.



This is contradicting the rest..

If this is true..inevitable is only delayed for 1-3 yrs at max and then deported... don’t expect PD to be current in that time frame as essentially they are going to indirectly freeze that process too which anyways the same case now
 

Ruj
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Posted on Tuesday, January 02, 2018 - 10:41 pm:       


Gotcha:




vunkle aa 106 law prakaram 1yr extensions will be provided until a decision is made on aliens permanent residency ani undi..

and also no where it says pending labor or I140 application..


IV gadu as usual fear mongering dancelu esthunadu anipistondhi..
 

Rediff
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Posted on Tuesday, January 02, 2018 - 10:35 pm:       


Sannayi_nokkulu:

vallaki oka madya velu chupi..adyapakuraliki arthamkakunda..pichalite




Baaga cheppaaru.. Ee edhavalu ITServ ki backbone laaga pani chestunnappudu.. of course technically vaalla clients.. Mana interests doesn't matter to them.. Edo natinchi pabbam gadupukundaamane..
 

Gotcha
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Posted on Tuesday, January 02, 2018 - 10:27 pm:       

Iv vadu baga rasadu:
1.) Section 104(c) – the “may” statute – explicitly applies clearly to “protection under per country ceiling” and to people who are “eligible to be granted that status but for application of the per country limitations applicable to immigrants under those paragraphs”
It means that if you are born in countries that are backlogged (say India or China) and your green card application is pending/delayed due to Per-Country Limits which leads to visa unavailability depending upon country of birth, then, USCIS will apply Section 104(c) to your H-1B extension petition.
Under Section 104(c), extensions are at AT THE ATTORNEY GENERAL’S DISCRETION - which means the Attorney General can decide not to approve your applications for H-1B visa extensions beyond the 6th year if the green card petition is delayed due to Per-Country Limits. Meaning, as per the law, if you are born in a country where dates are backlogged (say India or China) and your I-140 is approved, USCIS has to apply Section 104(c) to grant you H-1B extension beyond 6th year, and the Attorney General (read that DHS/USCIS) can decide not to extend your H-1B status, and it will not require any change in the law by Congress.
2.) Section 106(b) applies to “lengthy adjudications” meaning if your case is pending because of “lengthy Adjudications” -- meaning processing delays of USCIS (not because of Per-Country Limits which is specifically handled separately in the law in Section 104(c)), in that case, you are eligible for H-1B extension under this subsection.
Under Section 106(b), H-1B extensions beyond the 6th year “shall” be granted in one (1) year increment if the Labor Certification for your green card petition was filed more than 365 days, and your I-140 is not yet approved. But if you have approved I-140 but you are unable to apply for Adjustment of Status due to Visa Bulletin being not current for your priority date due to Per country limits, in that case, Congress wants your application to be considered under Section 104(c) and you are not eligible for “lengthy adjudications” by USCIS, meaning your application is not eligible for the H-1B extension under 106(b). You can apply for an extension under Section 104(c), and then it is completely at the discretion of the Attorney General to grant your H-1B extension application
...
 

Twitter
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Posted on Tuesday, January 02, 2018 - 10:10 pm:       


Sesani:




if you have labor or 140 filed > 365 days the administration have to extend h1b beyond 6 years, unless the law is changed no one has right to stop that extension. uscis cannot unilaterally go and stop the extension.

so no fear for beyond 6yrs extension if you have labour or 140 approved.

at this point of time there is no such law that stops the extns beyond 6 years, those are all rumors.

if you have approved or filed labour then you can get 1 year extensions.

if you have approved 140 then first time you will get 3 years and after that they may stop givig extension or give only 1 year.


so whatsapp lo fwd aina news anni just rumors don;t worry h1b guys. ATB
 

Emc2
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Posted on Tuesday, January 02, 2018 - 10:03 pm:       

Video 20 mins undi

$30 pay chesthe cheppu Sannayi chetha summary prttistha

Direct billing no layers
 

Sannayi_nokkulu
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Posted on Tuesday, January 02, 2018 - 10:02 pm:       


Sesani:


vallaki oka madya velu chupi..adyapakuraliki arthamkakunda..pichalite
sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT
 

Sesani
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Posted on Tuesday, January 02, 2018 - 09:46 pm:       

My wife's attorneys veelle.. they made a live video on all the latest rumors.. I didn't see the video yevvaranna soosi summary ettandi..

https://www.facebook.com/rnlawgroupUS/videos/101552988885123 62/

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