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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8862 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 05:47 pm: |
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Ruj:http://www.musillo.com/2018/01/will-trump-attempt-to-strike- down-6.html?m=1
http://www.musillo.com/2018/01/will-trump-attempt-to-strike- down-6.html?m=1 eee link lo heading need not be worried antunnadu gaa veni.. vidi.. vici..
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Ruj
Megastar Username: Ruj
Post Number: 22008 Registered: 03-2007 Posted From: 73.228.241.243
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 05:45 pm: |
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Jeffa:
Jeffa annai nuvvu ichina linklo 106 dhi heading chaduvu..it is applicable only for applns stuck in lengthy adjudications.. That section is for applns stuck with uscis.. |
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Jeffa
Comedian Username: Jeffa
Post Number: 1246 Registered: 10-2012 Posted From: 65.204.229.13
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 04:12 pm: |
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Whitecollar:http://www.musillo.com/2018/01/will-trump-attempt-to-strike- down-6.html?m=1 This article helpful. He is a good lawyer. Greg siskind confirmed that 3 year extensions are under review. Check his Twitter
in this article, read the following fact. This is what is true. IV email below is false. "Some have mistakenly interpreted AC21. The mistaken interpretation says that Section 106 does not apply if H-1B workers have an approved I-140. This interpretation is wrong. There is no qualifying clause that compels USCIS to only adjudicate green card petitions under Section 104." |
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Jeffa
Comedian Username: Jeffa
Post Number: 1245 Registered: 10-2012 Posted From: 65.204.229.13
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 04:09 pm: |
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Whitecollar:http://www.musillo.com/2018/01/will-trump-attempt-to-strike- down-6.html?m=1 This article helpful. He is a good lawyer. Greg siskind confirmed that 3 year extensions are under review. Check his Twitter
Yes thammi, ide naa vaadana koodaa. But if you read IV email below, it smashes the section 104 and spins 106 eligibility into 104(and its smashed with MAY word in it). I am not agreeing with the IV email content below. |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8834 Registered: 03-2016 Posted From: 172.58.136.209
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 04:04 pm: |
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Jeffa:
http://www.musillo.com/2018/01/will-trump-attempt-to-strike- down-6.html?m=1 This article helpful. He is a good lawyer. Greg siskind confirmed that 3 year extensions are under review. Check his Twitter veni.. vidi.. vici..
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Jeffa
Comedian Username: Jeffa
Post Number: 1244 Registered: 10-2012 Posted From: 73.222.215.160
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 04:02 pm: |
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Ruj:bottom line okate trump without caring for repurcussions if he wants to undo this extensions he can
This is not true for 106(b) as its by statutes with the word SHALL in it. He cant interpret it and must approve one year incremental extn for all Non Immigrant visa holders with labor filed and 365 days passed(regardless of their i140 or any other petitions status) till the GC is allocated. Dump cant give a shit about the Statutes unless and otherwise congress amends it(which is not an easy process). |
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Jeffa
Comedian Username: Jeffa
Post Number: 1243 Registered: 10-2012 Posted From: 73.222.215.160
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 04:00 pm: |
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Ruj:106 is for people waiting due to delayed admin processing(read the heading of the clause)..meaning u applied for labor or I140 and more than 365 days paaed or u have both approved and applied for EAD. but waiting for response that is when 106 gets applied..their idea behind 106 was due to delayed processing with USCIS no one should get deported..
Here is the USCIS link for section 106 : https://www.uscis.gov/ilink/docView/PUBLAW/HTML/PUBLAW/0-0-0 -22204.html Where is the mention of anything beyond labor filed and 365 days passed for one year incremental approval here? Where is the i140/EAD/Approval etc in this section?
Ruj:of if u have both labor and i140 approved but can apply for next step due to per country limitations date not being current what to do.. Then 104c gets applied.and it says only 'one time' approval beyond 6 years..
Its true for one time 3 yrs extn after initial 6 years done: https://www.uscis.gov/ilink/docView/PUBLAW/HTML/PUBLAW/0-0-0 -22204.html So, 106(b) is always applicable regardless of 104(c) applicability. IV email is spinning back end forth to make even 106(b) is also useless. |
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Starc
Side Hero Username: Starc
Post Number: 6539 Registered: 03-2015 Posted From: 146.243.120.1
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 03:29 pm: |
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Ekkado chadiva.. if you have ead, you should use ead not H1b ani |
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Ruj
Megastar Username: Ruj
Post Number: 22007 Registered: 03-2007 Posted From: 170.202.222.2
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 03:25 pm: |
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Ruj:of if u have both labor and i140 approved but can apply for next step due to per country limitations date not being current what to do..
sorry for all typos..'but can't' |
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Ruj
Megastar Username: Ruj
Post Number: 22006 Registered: 03-2007 Posted From: 170.202.222.2
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 03:24 pm: |
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Jeffa:This is what confusing me. I read the AC21 sections from govt web site.. this was not mentioned. (i140 approval indirectly pushes to 104(c) which is at the stake of attorney general will and wish(indirectly i140 approval is a sin for the candidate) ... this is not true so far.
vunkle.. 106 is for people waiting due to delayed admin processing(read the heading of the clause)..meaning u applied for labor or I140 and more than 365 days paaed or u have both approved and applied for EAD. but waiting for response that is when 106 gets applied..their idea behind 106 was due to delayed processing with USCIS no one should get deported.. of if u have both labor and i140 approved but can apply for next step due to per country limitations date not being current what to do.. Then 104c gets applied.and it says only 'one time' approval beyond 6 years.. obviously when they made this law they did not anticipate the current situation of so much backlog...anduke even though it says 'one time extension beyond 6 years' for people stuck in backlog due to per country limit still they kept on extending our visas.. bottom line okate trump without caring for repurcussions if he wants to undo this extensions he can. lawsuits paduthaya ante ys paduthayi which might temporarily delay things but not stop him..law is clear anipistha undi naaku ayithe |
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Jeffa
Comedian Username: Jeffa
Post Number: 1242 Registered: 10-2012 Posted From: 73.222.215.160
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 03:11 pm: |
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Brodipet_baadshah:naadhi april,2019 varaku vundhi h1b validity...appatiki clear picture vachesthundhigaa?vundaloo povaalooo
H1B validity or status is being maintained NOT BY YOU, but BY YOUR H1B employer. Having said that, the piece of paper in your hand with the life time validity doesnt mean anything for you. It does mean to one of the US Employer to keep that (H1) status for you by paying the prevailing wages etc. The only piece that you are(already passed) responsibility is being eligible(your academics, experience etc) along with no anti-american/crmiminal record on your file. So, dont just sleep with that piece of paper under your pillow. Keep on with you a good H1B employer always.. |
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Brodipet_baadshah
Side Hero Username: Brodipet_baadshah
Post Number: 4989 Registered: 12-2014 Posted From: 167.121.4.37
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 03:03 pm: |
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Whitecollar:I think you are safe if you already got extension recently till 2020.
naadhi april,2019 varaku vundhi h1b validity...appatiki clear picture vachesthundhigaa?vundaloo povaalooo |
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Jeffa
Comedian Username: Jeffa
Post Number: 1241 Registered: 10-2012 Posted From: 73.222.215.160
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 02:36 pm: |
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Whitecollar:But already approved unte ledhu ani antunnaru
This is what confusing me. I read the AC21 sections from govt web site.. this was not mentioned. (i140 approval indirectly pushes to 104(c) which is at the stake of attorney general will and wish(indirectly i140 approval is a sin for the candidate) ... this is not true so far. |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8830 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 02:00 pm: |
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Jeffa:I have been doing considerable research on this clause("and your i-140 is not yet approved") statement of 106(b). Didnt find this clause anywhere else. It looks like Aman might have interpreted it.
But this section is just for the people who have either filed Perm or I-140 or 485 for 365 days or more without decision. Vallaki matram 1 year ivvochu.. But already approved unte ledhu ani antunnaru veni.. vidi.. vici..
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Jeffa
Comedian Username: Jeffa
Post Number: 1240 Registered: 10-2012 Posted From: 73.222.215.160
Rating: N/A Votes: 0 (Vote!) | | Posted on Thursday, January 04, 2018 - 01:58 pm: |
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Whitecollar: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
I have been doing considerable research on this clause("and your i-140 is not yet approved") statement of 106(b). Didnt find this clause anywhere else. It looks like Aman might have interpreted it. |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8743 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 11:42 am: |
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Moreover ee lawyer and whatsapp athi choosthunte, They are giving hints to Govt that it is ok to ban 3 year extensions anipisthondhi.. 1 year extensions ante ee lawyer naa konde gallaki too much money.. Bangaru baathu, savam meedha pelaalu.. thupuk.. veni.. vidi.. vici..
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Siloan
Legend Username: Siloan
Post Number: 52877 Registered: 03-2008 Posted From: 132.174.20.41
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:47 am: |
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simpletruth aka jai_ycpee maattadaaali |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8736 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:28 am: |
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Sony:adi floor meedaki ranivaaru mama, march lopala it has to go through voting not possible.
Yes 300+ support unna committe approve cheyyaledhu.. But with <10 support, HR170 ni committee approve chesindhi.. veni.. vidi.. vici..
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Sony
Legend Username: Sony
Post Number: 35765 Registered: 12-2006 Posted From: 170.48.2.185
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:27 am: |
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Jackson: HR 392 lo H1 ee kaadhu inka chaala vunnayi
adi floor meedaki ranivaaru mama, march lopala it has to go through voting not possible. Jan 2017 time ki bill open chesaru by June/July it had enough support to be on floor so technically it should have been on floor in september, yet its not. |
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Sony
Legend Username: Sony
Post Number: 35764 Registered: 12-2006 Posted From: 170.48.2.185
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:26 am: |
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Whitecollar:Veedu cheppinatte H4EAD is gone.
pls explain how is it gone? inta varaku court decision ivaledu which was supposed to be yesterday and yet no result. DHS emo court nunchi bayataki ochestam ani antunaru, rule publish cheyaledu official gaa to take comments why in the hell this IV and reddy and newman guys publishing its gone its gone So called DACA repeal ye full gaa avaledu |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8735 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:23 am: |
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Jackson:already recent ga H1 approve aina vaalaki 3 years vuntundi..vaaladhi kuda cancel chesi deport chestaara or ika nundi extension/transfer apply chese vaalaka?
Oka vela implement cheyyali anukunte first extensions ki ready gaa unna vallaki esthaaru.. I think you are safe if you already got extension recently till 2020. veni.. vidi.. vici..
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Jackson
Megastar Username: Jackson
Post Number: 20034 Registered: 09-2007 Posted From: 173.172.4.13
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:22 am: |
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Whitecollar:ir, ee rule ki there is nothing to pass. It is just re-interpretation of law under AG discretion..
HR 392 lo H1 ee kaadhu inka chaala vunnayi I'm talking about HR 392 ... |
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Jackson
Megastar Username: Jackson
Post Number: 20033 Registered: 09-2007 Posted From: 173.172.4.13
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:21 am: |
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Whitecollar:Also 7th year extensions deny cheyyataniki no need of rule making. It is interpretation of the law.. So, ventane cheseyyochu..
already recent ga H1 approve aina vaalaki 3 years vuntundi..vaaladhi kuda cancel chesi deport chestaara or ika nundi extension/transfer apply chese vaalaka? ... |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8734 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:20 am: |
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Jackson:I feel with so many changes June/July lo Pass avvatam kastam
Sir, ee rule ki there is nothing to pass. It is just re-interpretation of law under AG discretion.. veni.. vidi.. vici..
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Jackson
Megastar Username: Jackson
Post Number: 20032 Registered: 09-2007 Posted From: 173.172.4.13
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:19 am: |
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Sony:
right..and annitiki time 11/18 daaka time ledhu..endukante last 4-5 mons concentration on elections.. so em chesina June/July lopale avvali I feel with so many changes June/July lo Pass avvatam kastam ... |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8731 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:18 am: |
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Also 7th year extensions deny cheyyataniki no need of rule making. It is interpretation of the law.. So, ventane cheseyyochu.. veni.. vidi.. vici..
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8730 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:17 am: |
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Sony:monati daka H4EAD ee roju emo h1b lolli, create fear and make money simple moto
Sony saab..Veedu cheppinatte H4EAD is gone. Eedu tongue chala powerful (-ve things lo).. veni.. vidi.. vici..
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Getafix
Megastar Username: Getafix
Post Number: 20680 Registered: 02-2008 Posted From: 216.146.94.34
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:07 am: |
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Sony:
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Sony
Legend Username: Sony
Post Number: 35762 Registered: 12-2006 Posted From: 170.48.2.185
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 10:03 am: |
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Getafix:sony.. naakesinattena?
em avadu, antha political drama....money making by lawyers aa trump chudu, daca complete gaa etteyakunda, sagam sagam ettesi, dems eti cheyaledu daca ki maa republicans ye chestaru, hispanics please come and vote for us ani ninna tweet chesadu H1b ni mutukunte, Apple, microsoft lanti companies ochi tantaru, yearly they are filing close to 40K and over last 10 years there are around 100K-200K people in these companies how in the hell those companies will accept this, trump gaadu ettesina anni jobs offshore pamputara, feasible ye naa inka all companies ayite close to 500K-600K untaru, just not possible monati daka H4EAD ee roju emo h1b lolli, create fear and make money simple moto |
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Getafix
Megastar Username: Getafix
Post Number: 20678 Registered: 02-2008 Posted From: 216.146.94.34
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:59 am: |
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Sony:
sony.. naakesinattena? |
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Reentry
Side Hero Username: Reentry
Post Number: 5242 Registered: 06-2009 Posted From: 167.224.65.230
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:58 am: |
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Ninna Reddy Newmann thread lo Tella lawyer tolded in the worst case meeku one year extn untundhi ani |
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Sony
Legend Username: Sony
Post Number: 35761 Registered: 12-2006 Posted From: 170.48.2.185
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:56 am: |
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quote:we will need to fight with all our energy to stop this from happening (especially by pushing to enact HR 392).
clear gaa undi gaa money kavali ani asking Raju saab, meeru t-shirt esukuni Washington DC lo rally ki ready alike in 2007  |
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Hero
Hero Username: Hero
Post Number: 11219 Registered: 09-2009 Posted From: 38.101.193.194
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:56 am: |
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Whitecollar: Immigration Voice thinks that some immigration lawyers are adopting a reassuring attitude online so they can appear sympathetic to immigrants for the purposes of attracting business when they are actually spreading misinformation. We do not think our members should trust these wolves in sheep's clothing.
reddy vs aman |
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Getafix
Megastar Username: Getafix
Post Number: 20674 Registered: 02-2008 Posted From: 216.146.94.34
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:33 am: |
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Whitecollar: But 7th year extensions gurinchi first cheppindhi veede..
cheppundochu.. kani kurrod clearly driving fear in us h1bs. I will wait for Fragomen news letter on this.. appativaraku ee Aman kurrodini  |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8729 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:32 am: |
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Ruj:vadu DACA tho deeni kalapali ani chebuthunadu
HR 392 pass ayithe emi avvudhi? 2013 varaku vasthundha? if no 7th year extensions, this is still an issue veni.. vidi.. vici..
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Starc
Side Hero Username: Starc
Post Number: 6526 Registered: 03-2015 Posted From: 170.63.120.78
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:31 am: |
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At least now we know our future.. |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8728 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:31 am: |
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Getafix:
But 7th year extensions gurinchi first cheppindhi veede.. veni.. vidi.. vici..
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Ruj
Megastar Username: Ruj
Post Number: 22004 Registered: 03-2007 Posted From: 170.202.222.1
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:30 am: |
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idi assalu agenda lo ne ledu..ekkada in the House.. <<< vadu DACA tho deeni kalapali ani chebuthunadu..that's the only way to get it passed ani..daniki meerem chesthunaru ante confidential antunadu..before u ask us u all should talk to local leaders face to face antunad deni gurinchi..they published a guide on this on what we all have to do.. |
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Getafix
Megastar Username: Getafix
Post Number: 20673 Registered: 02-2008 Posted From: 216.146.94.34
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:29 am: |
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Whitecollar: We believe that many immigration lawyers who rarely see the insides of a courtroom, mostly function as paralegals filling out different immigration forms like I-130, I-140, and I-485 - while trading rumors of the latest adjudication trends.
ee judgemental comments enduku eyatam? Clear ga chala insecure ga unnodu kurrod... if he has a point state it and be done with it.. nene correst verevallu wrong ani cheppi andarini bhayapettatam.. too bad and too worst. |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8727 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:25 am: |
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Rajusk:veedu matram manalni giant wheel ekkisthunnad
Janalu pichi ekkinattu donations isthunnaru veediki.. Vaadi site lo choosthe, prathi vodu recurring monthly donations set chesaaru.. Full money chesukuntunnadu.. Tax returns adigithe arichesthaadu veni.. vidi.. vici..
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Gotcha
Megastar Username: Gotcha
Post Number: 28326 Registered: 02-2008 Posted From: 73.45.2.79
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:24 am: |
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Why does everyone hate this guy in this db. Maa time lo IV did lot if good things kada ... |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8726 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:23 am: |
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Oka 10 years mundhu putti unte, easy gaa GC vachi undedhi.. Oka 10 years late gaa putti unna easy gaa GC vachi undedhi.. Ippudu OPT or fresh H1 ki 6 years lo easy gaa GC vasthundhi.. Bad time anthe.. Na Ghar ka Na Ghat kaa... veni.. vidi.. vici..
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Rajusk
Legend Username: Rajusk
Post Number: 60540 Registered: 02-2008 Posted From: 170.74.248.21
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:23 am: |
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Whitecollar:especially by pushing to enact HR 392).
idi assalu agenda lo ne ledu..ekkada in the House.. veedu matram manalni giant wheel ekkisthunnad |
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8725 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:22 am: |
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veedu manchi chepthe avvadhu kani, -ve things avuthaayi.. Summary is, 1 year extensions kuda dobbavu.. If USCIS decides (most probably), then they can deny all extensions with approved I-140. Pack up ki time daggara padindhi.. veni.. vidi.. vici..
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Whitecollar
Side Hero Username: Whitecollar
Post Number: 8724 Registered: 03-2016 Posted From: 209.184.52.152
Rating: N/A Votes: 0 (Vote!) | | Posted on Wednesday, January 03, 2018 - 09:20 am: |
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We have been hearing that some immigration lawyers are spreading misinformation online that the threat to H-1B extensions beyond the 6th year is not real. Immigration Voice thinks that some immigration lawyers are adopting a reassuring attitude online so they can appear sympathetic to immigrants for the purposes of attracting business when they are actually spreading misinformation. We do not think our members should trust these wolves in sheep's clothing. We believe that many immigration lawyers who rarely see the insides of a courtroom, mostly function as paralegals filling out different immigration forms like I-130, I-140, and I-485 - while trading rumors of the latest adjudication trends. Immigration Voice thinks it is unwise to accept policy advice from such immigration lawyers. Just a few years ago, our community witnessed this phenomenon first hand when some immigration lawyers filed what we believe was a frivolous and nonsensical lawsuit to challenge DHS’s authority to set the criteria for accepting Adjustment of Status applications (the Visa bulletin lawsuit). It is disappointing to see these immigration lawyers looking at this whole issue as a popularity contest when lives and careers of people are on the line. For the benefit of our members, here is the truth about why the threat to H-1B extension beyond the 6th year is VERY REAL. There are two sections of AC21 law, Section 104(c) and Section 106(b), that specifically address the extension of H-1B under two (2) separate situations - 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. Can someone with approved I-140 unable to apply for I-485 (due to Per-Country Limits) apply for a one-year extension under Section 106(b)? If you have approved I-140 and you are unable to apply for Adjustment of Status due to Per-Country Limits (meaning you are born in a backlogged country like India or China), then the Attorney General can decide NOT to extend your H-1B petition. 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). veni.. vidi.. vici..
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