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Kuyyo_morro Megastar Username: Kuyyo_morro Post Number: 24224 Registered: 02-2011 Posted From: 209.17.40.38 Rating: N/A |
https://www.forbes.com/sites/stuartanderson/2018/07/11/new-u scis-policy-will-carry-harsh-consequences-for-applicants/#98 486a84615d The leadership of U.S. Citizenship and Immigration Services (USCIS) seems determined to refute the notion that people in the federal government donât work hard. To the contrary, top USCIS officials work around-the-clock to come up with creative ways to make life as difficult as possible for those who submit applications to work or live in the United States. The most recent USCIS effort to discourage or prevent foreign nationals from joining a loved one, making a career in America, or even departing the U.S. without negative consequences is a June 28, 2018, policy memorandum on updated guidance on Notices to Appear (NTAs). As explained below, few Americans likely understand the dire consequences a foreign-born professional placed in deportation proceedings will face under the new policy â even if he or she did nothing more than have an application denied after waiting a long time for a decision. To better understand the new policy and its implications, I interviewed Jennifer Minear, a director in the immigration practice group at McCandlish Holton. Jennifer has practiced immigration law, with an emphasis on employment-based immigration, for more than 14 years. Stuart Anderson: How bad do you think the consequences could be from the USCIS memo on Notices to Appear? Jennifer Minear: The potential harsh consequences as a result of this memo are staggering. Anderson: Before we get to the consequences, letâs start with some basics. What is a Notice to Appear or NTA? Minear: A Notice to Appear is a charging document issued by the Department of Homeland Security through any of its component agencies â Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), or U.S. Citizenship and Immigration Services. The purpose of the Notice to Appear is to place an individual into deportation proceedings. Anderson: How is the new policy different? Minear: In the past, USCIS has generally referred matters of potentially removable foreign nationals to ICE to determine whether removal proceedings should actually be initiated by issuing a Notice to Appear. However, under its new policy memorandum dated June 28, 2018, USCIS has greatly expanded its mandate for issuing NTAs without first consulting ICE. Now, USCIS will issue a Notice to Appear on its own initiative and thereby place individuals in removal proceedings upon denial of an application or petition for immigration benefits if the person is deemed removable at the time of the denial. Anderson: What are the consequences of an individual receiving a Notice to Appear vs. in the past when a person may have decided to depart the United States voluntarily? Minear: Previously, if an application or petition for immigration benefits were to be denied, the foreign national might be able to depart the U.S. relatively quickly and either remain abroad or obtain approval for another visa that would enable him or her to return to the U.S. However, once an individual is issued a Notice to Appear, he or she is legally obligated to remain in the U.S. and appear before an immigration judge. Anderson: What happens if an individual fails to appear? Minear: If the person fails to appear in immigration court in compliance with the Notice to Appear, then a deportation order will be issued against the person. The failure to appear for removal proceedings carries a 5-year bar on re-entry to the United States. While it would be possible to apply for a waiver of that bar, there is no guarantee that the waiver would be granted. Having been previously ordered deported from the U.S. is likely to hamper oneâs chances of being approved for another visa to return. On the other hand, if the individual does remain in the U.S. to contest the removal proceedings â a process that could take years to complete due to the backlogs in immigration courts â he or she is considered âunlawfully presentâ during all of that time. If the individual prevails in the removal proceedings, his or her status will be restored and the unlawful presence will be wiped away. But if the individual loses, he or she will likely be subject to a 10-year bar on re-entering the U.S., depending on how much unlawful presence accrued by the time the final deportation order was entered. Anderson: Can this happen to an H-1B professional whose employer files for an extension? Minear: Yes. Many H-1B professionals whose petitions for initial or extended H-1B status are ultimately denied are likely to be placed into deportation proceedings under this policy. Anderson: What will happen to the careers of individuals placed into deportation proceedings? Are people even allowed to work and support themselves while waiting for their immigration court appearance? Minear: The consequences could be extreme because almost all people in removal proceedings are unable to obtain legal authorization to work. While the individual would be free to appeal a denial of the visa petition or other application that resulted in them being placed into removal proceedings and that may ultimately result in their status and employment authorization being reinstated and their deportation proceedings terminated, there is no work authorization generally available to those who are awaiting the conclusion of removal proceedings. For most people, being placed in proceedings is a legal limbo where you are not lawfully present, yet not able to leave without triggering a bar on re-entry, and not able to work legally. Anderson: Can you walk through how the new USCIS policy memo could affect an H-1B visa holder? Minear: For example, an H-1B professional who has been legally employed in the U.S. in H-1B status in the past is permitted by federal regulation to continue living in the U.S. and working for the sponsoring employer for up to 240 days while an extension petition is pending â as long as the extension petition is filed prior to the expiration of the prior H-1B petition. However, due to significant processing backlogs, USCIS very often takes 6 months or longer to adjudicate H-1B extension petitions. During that time the previous H-1B petition may expire, leaving the H-1B professional solely dependent on the 240 days of work authorization permitted under the regulation â and without any underlying H-1B status unless/until the H-1B extension petition is approved. If the petition is ultimately denied, then such a person would be deemed unlawfully present as of the date of the denial and, under this new policy, an NTA would be issued. This is a very real scenario. The number of H-1B denials is increasing. That is due at least in part to changes in adjudications policies that, for example, now do not grant any deference to prior approvals of H-1B petitions filed by the same company on behalf of the same professional doing the same job identified in the prior petition. Anderson: How could an international student be affected by the USCIS policy memo on Notices to Appear? Minear: A number of international students who have entered the country to attend U.S. colleges and universities may also be placed in deportation proceedings under this new policy. This is because USCIS has also recently published another new policy that will take effect on August 9, 2018. That policy redefines âunlawful presenceâ to include any violation of student status. [See âUSCIS Policy Change Could Bar Many International Students.â] For example, if USCIS determines in the course of adjudicating an application for an immigration benefit that a studentâs employment was unauthorized, or that the studentâs school failed to update or maintain the studentâs records, then USCIS could deny the application for immigration benefits, make a finding that the student is unlawfully present, and issue a Notice to Appear to the student. This is particularly alarming in that the student may have no prior warning that he has done anything to violate the terms of student status before removal proceedings are initiated against him. Anderson: What about managers and executives? Minear: Multinational managers or executives who have been transferred to the U.S. to work for U.S. offices of foreign companies may also become deportable under this new policy. When such executives apply for a green card, their employers must file an immigrant petition for them â and the processing times can take many months. If the manager or executiveâs underlying temporary work visa (called an L-1A and which can only be maintained for a maximum of 7 years) expires while the immigrant petition and green card application are pending, and then USCIS denies the immigrant petition, the manager or executive and his family members will be issued NTAs and placed into removal proceedings â even if the denial of the petition was a clear error and there is a valid basis for appeal. Anderson: What are the likely resource impacts of this new policy? Minear: This will be an overwhelming administrative burden for an agency that is already struggling with ever increasing processing times and backlogs across all application types. USCIS can also expect increased litigation over denied applications and petitions now that the consequences of those denials are even more severe due to the virtual certainty of being placed in deportation proceedings. In addition, the immigration court backlog is already over 700,000 cases as of May 2018. This new Notice to Appear policy from USCIS will only further contribute to the already enormous backlogs. Right now, many cases are not calendared for merits hearings until sometimes years after the NTA is issued. Those backlogs will likely grow exponentially given the number of new cases that will be added to the docket as a result of this policy. Anderson: What advice do you have for individuals? Minear: Foreign nationals need to take all possible precautions to ensure that their work visa petitions are filed and adjudicated to completion before the foreign nationalâs existing status expires, so that if the petition is denied, the foreign national will still be in another status and can avoid a Notice to Appear. Petitions for nonimmigrant (temporary) visas may be filed up to 6 months in advance of the anticipated work start date. Extensions may be filed up to 6 months in advance of the expiration date of the current petition. Employers should plan to file petitions at the earliest possible moment. When available, the petition should be filed with a request for âpremium processing,â which requires USCIS to take action on the petition within 15 days of filing. Anderson: What about advice for employers? Minear: Similarly, employers should consider sponsoring their workers for green cards at the earliest possible moment in order to maximize the chances the green card may be approved before the employeeâs underlying temporary work visa expires or is denied for extension. Where premium processing is not an option to ensure expeditious decision-making from USCIS, employers and foreign nationals may need to consider filing mandamus actions against USCIS to compel the adjudication of the application or petition for immigration benefit before the foreign nationalâs underlying immigration status expires. Anderson: What does this USCIS memo on Notices to Appear and its consequences say about the state of immigration policy in America today? Minear: I think this policy memo represents another piece of a well-organized and systematic effort by the current administration to make the process of legal immigration to the United States as difficult as possible for both immigrants and the employers who sponsor them. Other recently introduced policies, procedures and adjudication trends within USCIS have injected so much uncertainty and unpredictability into the process of seeking U.S. work authorization it has become almost impossible to advise clients as to what the outcome might be of a particular petition or application for an immigration benefit. I fear that this policy, combined with others previously announced, will discourage the best and brightest minds from around the world from wanting to come to our country and contribute to our economy and culture. Indeed, that appears to be the intent of these policies â to frustrate and frighten people enough that they will not even attempt to navigate the process of coming here legally. Even if that is not the intent, that is sure to be the result. | ||
Siloan Legend Username: Siloan Post Number: 57220 Registered: 03-2008 Posted From: 132.174.20.41 Rating: N/A |
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Sannayi_nokkulu Megastar Username: Sannayi_nokkulu Post Number: 28122 Registered: 06-2014 Posted From: 68.100.232.143 Rating: N/A |
ittanti leegal kochens ki manodiki kada answers sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT | ||
Tombrady Legend Username: Tombrady Post Number: 58923 Registered: 05-2012 Posted From: 216.163.220.32 Rating: N/A |
lying lekundane andaru h-1b vachese gc lu kottesara saar anyway melaina ni ampali ante udukontavem ela vahcindhi madam valla parents ki citizenship lu  | ||
Jai_ycp Hero Username: Jai_ycp Post Number: 13439 Registered: 04-2015 Posted From: 100.36.224.18 Rating: N/A |
lying on citizenship application ki nuvvu vesina post kalipesava? adhhi US emiti ee country lo aina lie chetshe bokklaene vetsharu.  | ||
Sannayi_nokkulu Megastar Username: Sannayi_nokkulu Post Number: 28121 Registered: 06-2014 Posted From: 68.100.232.143 Rating: N/A |
avunj annayi vedu edo gc lu fast chestadu anukunnam gosi peektadu anukoledu ga sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT | ||
Tombrady Legend Username: Tombrady Post Number: 58918 Registered: 05-2012 Posted From: 216.163.220.32 Rating: N/A |
yup, biggest hyprocrite inka aa mindset tho vunna fans ki ilantidi tagilithe telusddi
nee bonda fact adi nakkanews neo lazi news lu follow avvaku https://www.npr.org/2018/07/04/625980910/white-house-launche s-effort-to-take-citizenship-from-those-who-lied-to-get-it | ||
Rgb Side Hero Username: Rgb Post Number: 5369 Registered: 06-2014 Posted From: 137.188.108.203 Rating: N/A |
Enti paapam kondaru last elections lo Trump supporters kooda kasta padutunnaru. Mana daaka vasthe kaani telavadhu Immigration lo generally he is doing a good job. Kaani saraina procedures levu. So some officers doing whatever they can think - This leads to abuses | ||
Jai_ycp Hero Username: Jai_ycp Post Number: 13437 Registered: 04-2015 Posted From: 100.36.224.18 Rating: N/A |
ayanedho kadupu ubbaram tho ante dhani nijamu anukunnava  | ||
Jai_ycp Hero Username: Jai_ycp Post Number: 13436 Registered: 04-2015 Posted From: 100.36.224.18 Rating: N/A |
india nunchi kuda DB lo post veyyaleru antava | ||
Airliner Side Hero Username: Airliner Post Number: 5126 Registered: 11-2011 Posted From: 137.37.48.75 Rating: N/A |
ee lekkana mundu aadi pellannni pampaali .. sodipoo gadu You are not born a winner. Nor are you born a loser. You are born a chooser. Choose to win. | ||
Tombrady Legend Username: Tombrady Post Number: 58916 Registered: 05-2012 Posted From: 216.163.220.32 Rating: N/A |
denaturalization task force pettadu citizens evarina fake pettunte leputharu so mana gc pothe db lo posts kooda veyyalem, hope dump team handles them right | ||
Jai_ycp Hero Username: Jai_ycp Post Number: 13433 Registered: 04-2015 Posted From: 100.36.224.18 Rating: N/A |
unfortunate. Hope current policies will filter out the unwanted and leave the deserving ones eligible for the visas. Systematic cleanup was being done and needs to continue. for too long, H1B and GC are abused. | ||
Sannayi_nokkulu Megastar Username: Sannayi_nokkulu Post Number: 28119 Registered: 06-2014 Posted From: 68.100.232.143 Rating: N/A |
aa matakosthe asallu naadi pending ee kadu malli janmantu unte chuskovachu let me continue work on h1 with approved 140 analsindi.... sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT | ||
Kuyyo_morro Megastar Username: Kuyyo_morro Post Number: 24221 Registered: 02-2011 Posted From: 209.17.40.38 Rating: N/A |
Naaku padina bokka. C/Ping from the hiring manager who I know from previous work exp, blockchain startup company lo Product mgr role: Dude - thought I'd update you - Boss said no to pending GC....would have been great to have you here. Let me know once you get your GC and we'll try to get you in | ||
Tombrady Legend Username: Tombrady Post Number: 58913 Registered: 05-2012 Posted From: 216.163.220.32 Rating: N/A |
that is common 10 yrs ga comments lo change ledu, US graduation rates n lacism lo change ledu | ||
Tombrady Legend Username: Tombrady Post Number: 58912 Registered: 05-2012 Posted From: 216.163.220.32 Rating: N/A |
guys support cheyyakandi right thing ani they are screwing h-1bs legally using buy american hire american...repu mana daka vasthe telushtundhi don't be so naive akkada edo aa 2 agencies chala honest annattu lol | ||
Sannayi_nokkulu Megastar Username: Sannayi_nokkulu Post Number: 28118 Registered: 06-2014 Posted From: 68.100.232.143 Rating: N/A |
one q here lets say i94 expire ayye oka nela mundu renew chesav and i94 expire aindi kani new application pending lo undi, this only applies if new petition rejected ?? sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT | ||
Kuyyo_morro Megastar Username: Kuyyo_morro Post Number: 24220 Registered: 02-2011 Posted From: 209.17.40.38 Rating: N/A |
DACA ani kadu, manollu (desi firms and consultancies) chesina abuse valla ne kada DALCA situation will be bad going fwd. Easy solution would be to give EAD/extend OPT to anyone who graduates from high school and US univs. Appudu ee situation undadu. | ||
Airliner Side Hero Username: Airliner Post Number: 5124 Registered: 11-2011 Posted From: 136.223.19.6 Rating: N/A |
kinda comments pathetic asala.. You are not born a winner. Nor are you born a loser. You are born a chooser. Choose to win. | ||
Kuyyo_morro Megastar Username: Kuyyo_morro Post Number: 24219 Registered: 02-2011 Posted From: 209.17.40.38 Rating: N/A |
Nothing wrong in this. Prevailing wages undercut chesi h1 ni hire chesthe, they are coming strictly on them. If you are getting a good pay according to your prevailing wage, issue undadu mainly wage level 4+ | ||
Sannayi_nokkulu Megastar Username: Sannayi_nokkulu Post Number: 28115 Registered: 06-2014 Posted From: 68.100.232.143 Rating: N/A |
enti antunnaru 3 pieces lo chepandi sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT | ||
Maverick Legend Username: Maverick Post Number: 69233 Registered: 01-2008 Posted From: 98.225.2.157 Rating: N/A |
her missing H1B lottery is because of system abuse by desi firms ani K_M Offline whatsapped..the original idea behind h1 is to keep such jobs for all year round..definetly desi firms and consultancies lekapoi unte she would have happily secured her h1. in addition to requesing gc clean up, she should also request system clean up There's a cacophony in the truth, A melody in lies and it accompanies one on every journey, From the lows to the highs | ||
Tombrady Legend Username: Tombrady Post Number: 58910 Registered: 05-2012 Posted From: 216.163.220.32 Rating: N/A |
https://news.bloomberglaw.com/daily-labor-report/employers-s eeking-visas-may-tangle-with-labor-dept-over-wages DOL kooda ready to screw us with prevailing wages thing brick by brick dismantling h-1b | ||
Tombrady Legend Username: Tombrady Post Number: 58908 Registered: 05-2012 Posted From: 216.163.220.32 Rating: N/A |
horrible situation, microsoft dream job papam ofcourse h-1b new NTA policy tho ilanti cases manaku vundochu inka | ||
Sannayi_nokkulu Megastar Username: Sannayi_nokkulu Post Number: 28111 Registered: 06-2014 Posted From: 68.100.232.143 Rating: N/A |
papam saami......btw ilantivi enni cheppina vinaru le...ade daca aithe story diff sampoo baga playing oka pakka bills lo emo daca petti dobbatam valla volta kosam tellolaki suyinchukodaniki matram pillalni seperate cheyatam....anduke dem gallu kuda deniki no support incl reps kuda sachipotava , avineethi ga batukutava okkate option ante alochinchakunda chachipotaa ane type cbn - OT | ||
Kuyyo_morro Megastar Username: Kuyyo_morro Post Number: 24218 Registered: 02-2011 Posted From: 209.17.40.38 Rating: N/A |
https://www.yahoo.com/news/microsoft-engineer-shares-her-imm igration-183715806.html Hi. My name is Sri Ponnada - and Iâm a software engineer at Microsoft. At Microsoft I work on products that empower people around the world to maximize how they use technology and to accomplish more each day. Today I am going to tell you a story about how someone with proper documentation has to leave the country they were brought to as a child - the country where they grew up, where they went to public schools, where they graduated from a public state university, and where they led multiple volunteer projects to promote STEM education and projects to help their communities and cities - because of the green card backlog. I am that someone, and in 6 months, I am going to be forced out of my home - the United States - because I aged out of a broken immigration while my mom has been waiting for years in the employment based green card system to actually receive the green card she has been approved for given her service as a physician in an underserved area in Iowa. I want to tell you a little bit about my journey in the United States. I moved to USA from Jamaica when I was 14, with my brother Sam, who was 10 at the time, because my mom started her Internal Medicine residency in New York. She was doing Cardiology research at Mayo Clinic in 2008, and fell in love with the Midwest. She told us that when she finished her residency, we will absolutely be moving to the Midwest! So, after I finished high school, my mom got a job as a physician in a small town in Iowa that desperately needed doctors. My family realized how important that was and believe everyone - no matter where they lived should have easy access to health care - so we moved to Iowa together and I enrolled at the University of Iowa, despite being accepted into other universities. I was super excited and immediately got involved with my new community. I was writing articles for my college paper - the Daily Iowan, and Iâd spend my weekends tutoring students in Computer Science and volunteering at the public library to teach kids how to code for free. I was also a volunteer at the Womenâs Resource and Action Center; I helped revamp and served as President of our Women in Informatics and Computer Science club and advocated with many companies that previously didnât recruit in Iowa to start considering Iowa students for jobs in the tech industry; I also served as News Director at University of Iowaâs campus radio station KRUI 89.7 FM, where I created tons of programming to bring art, culture, and awareness to our community. And given all my involvements, I was even elected by my student body to represent them in our student government as a student Senator. But while I was doing all this stuff, I was still struggling with major anxiety and depression because I was scared about whether or not me and my family would get our green cards. My momâs work as a doctor in an underserved community in Iowa guaranteed her a National Interest Waiver in the green card process, but the fact that she was born in India meant she still had to wait in the backlog for decades. Normally USCIS sees National Interest Waiver cases like hers in 6 months to a year, so we thought weâd be okay but because of the decades long wait times, we found out that once I turned 21, I could no longer stay here as her dependent. My mom has been approved for a green card already but is still waiting to receive her green card today, and since Iâm now an adult, I wonât be able to get my green card when the rest of my family does. Sam, my brother, is a junior at University of Iowa right now doing Math and Physics, but heâs going to lose his status in a couple of years, unless Congress does something. This backlog has affected me since high school. If my mother had been able to get her green card, I couldâve been paid for the work I did as a Teaching Assistant at University of Iowa (which I had to battle my university to let me do it for free). I couldâve joined the Army and had the honor of serving my country, but instead, I was turned away when I tried to enlist just because I didnât have a green card. So, when I was 20 years old, I graduated early with a Bachelorâs degree in English and Computer Science (with numerous awards for my academic excellence and community service) and landed my job as a Software Engineer at Microsoft. Even though my day job is âsoftware engineerâ I am extremely involved in the community with various nonprofits that promote STEM education for kids - specifically for young girls. I am working on open source projects that Iâm trying to partner with City of Seattle on and have been trying to get on a project with Accelerator YMCA to revamp their social services site to make it easier for people to access information about things like veteran services, programs for kids at risk of going to juvenile detention. I have also helped to start a local chapter of the global non-profit Technovation Challenge in Washington which is all about getting girls into STEM fields and I work with senior leadership at Microsoft to improve our recruiting practices and to be more inclusive. Everything Iâve learned, I learned in America. My family is here, my friends are here, my life is here. I think of myself as an American and contribute not only to my communities but also to the greater American economy, and I hope you see me as an American, too. I have had great opportunities in this country so far, but I still face the same anxiety Iâve had since childhood about my visa status. Even though I have lived here practically my whole life and work at Microsoft, I had to apply for a H1B visa - which is a LOTTERY - just to be able to stay in the country because there is no way for kids like me to stay here with our parents who become lawful permanent residents through the green card process. I havenât been selected for a H1B in the lottery - so when my STEM OPT expires next February, Iâll have to leave my family, my friends, and my home in the United States - the only country Iâve known since I became a teenager. Where should I go? Jamaica - where I came from? Or to India where I was born but havenât lived in since I was 3 years old? Just imagine the situation Iâm in. I came here with proper documentation on a dependent childrenâs visa. Due to the huge green card backlog for individuals from India, I lost my dependent visa status at the age of 21 as I was no longer a minor. I converted to a F-1 visa just so I could finish my college education and graduate, and got a job at one of the worldâs best companies - Microsoft. Yet, I still have to self-deport when my student visa expires because I wasnât lucky enough to get a visa to stay in the country even though Microsoft hired me for a permanent job, not a temporary contract. Congress needs to pass legislation fast. Nothing exists to protect the status of kids like me and my brother, who were legally brought here by our parents. That makes no sense to me. And I hope it doesnât make sense to you either. Please reform the employment based green card category. And more importantly, please think about kids of high skilled immigrants who are aging out due to a decades-old law which never predicted this critical scenario of kids aging out of the system. Please help us. We need your support. |