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Member Profile: stackoverflow1 (262 posts)

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Hello, I'm stackoverflow1 (report this user)
I am from India
I last logged in 6 hours 45 minutes ago
I have been a member since 03 May 2017
I have added 262 posts in trackitt forums
I added my last post on 16 Jan 2018
stackoverflow1's Posts
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Posted in I-140 Forum 6 hours 44 minutes ago
Topic: H4 EAD Revocation rule

He clearly said that 2015 ead rule spouses of h1b, listen again
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Posted in I-140 Forum 7 hours 10 minutes ago
Topic: H4 EAD Revocation rule

Mr. Hatch from republican at least took our issue to DHS secretary whereas for Democrats it's only DACA, TPS and illegal.
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Posted in I-140 Forum 7 hours 24 minutes ago
Topic: H4 EAD Revocation rule

Looks like H4 EAD issue reaches to Congress. Senator Hatch put H4 EAD and h1b extension issue in front of DHS secretary.

https://www.c-span.org/video/?439257-1/homeland-...

Go to the video around the 49th minute.
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Posted in H-1B Forum on 15 Jan 2018
Topic: Urgent advice needed

Don't withdraw your old amendment, if you get a RFE respectfully answer that. And file a new amendment and extension for client B. It will not be an issue.
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Posted in H-1B Forum on 15 Jan 2018
Topic: H1B Advice needed

Yes, it's mandatory to let uscis know that you left the company immediately.
If not then your company has to run the payroll all the time.Later if you want to start working on h1b, your company first have to file h1b in consular processing.
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Posted in H-1B Forum on 13 Jan 2018
Topic: Roles and Responsibilities

You need to send detailed job description/roles and responsibilities.

A very good analysis by immigration girl:

http://immigrationgirl.com/detailed-job-descrip...
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Posted in H-1B Forum on 13 Jan 2018
Topic: H1B 3rd Extension

A very good analysis by immigration girl:

http://immigrationgirl.com/detailed-job-descrip...
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Posted in H-1B Forum on 13 Jan 2018
Topic: H1B 3rd Extension

How long is the current extension for H1B ( Am planning to without premium )?

Regular processing time may take 4 to 5 months without RFE but with RFE it can be delayed a lot.

Are there any precautions that I need to take before I could file?

Yes, you have to file proper job code based on your job role and responsibilities in LCA, file with higher wage level. Look at OOH handbook for the SOC code with wage level, it should be highly specialized work means OOH handbook shouldn't mention any associate or below bachelor level degree can do that job.

Prepare document specification that kind of product your company will develop, mention that your company has highly specialized work for you.

If the normal processing taking less time I would wait until it's done then travel: yes.
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Posted in H-1B Forum on 12 Jan 2018
Topic: Immigration Came to my Client Work Place

It will not be a problem if it doesn't deviate much from your LCA. Like in you LCA you said, senior developer, but at client place you are lead/or module lead, that should be fine. But if you work as simple resource manager or project manager, then LCA needs to be updated or h1b should be amended properly. Then your day to day activities/responsibilities changes a lot.
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Posted in H-1B Forum on 12 Jan 2018
Topic: Immigration Came to my Client Work Place

Nothing to worry! My advice is honest with them. Don't tell them to lie about your role, responsibilities, and resume. USCIS going hard on-site visits starting from fiscal year. DOL, USCIS, and DOS are sharing each every information about you, so any misinformation will backfire you.

https://www.balglobal.com/bal-news/uscis-to-stre...
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Posted in I-140 Forum on 12 Jan 2018
Topic: Should I report this?

Great! Sending fraud tips to HR will not help, they might have colluded with the consultancy and it might backfire you.
Report to DOL, USCIS, ICE also. If ICE starts investigation none can save them.
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Posted in H-1B Forum on 12 Jan 2018
Topic: Should I apply for H4 EAD now?

H4 EAD application will be accepted until the final rule is published and USCIS has to give interim time. After that time, uSCIS will not accept any EAD application.
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Posted in I-140 Forum on 10 Jan 2018
Topic: Darrel issa retiring?

No this is not correct., REP. Bob Goodlatte is also retiring but he is bringing new immigration reform bill today or tomorrow.
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Posted in I-140 Forum on 10 Jan 2018
Topic: Darrel issa retiring?

He is not seeking reelection for 2018 midterm election if HR 170 doesn't pass in the current Congress then it's automatically invalid for next Congress. They have to bring a new bill. Two days back he said the bill is gaining momentum and will be introduced in congress in a couple of months.
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Posted in I-140 Forum on 10 Jan 2018
Topic: Darrel issa retiring?

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Posted in I-140 Forum on 09 Jan 2018
Topic: Immigration Reform is coming soon

HR170 is now getting momentum as per bill author Darell Issa.

http://www.sandiegouniontribune.com/news/immigr...
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Posted in H-1B Forum on 09 Jan 2018
Topic: H1B denial tracker for indians returning back to India

Congrats!
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Posted in I-485 Forum on 07 Jan 2018
Topic: Strange RFE after employment based I-485 AOS interview

The administration is cracking heavily on desi consultancy.

Statement from Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State.

Mr Oppenheim further reveals some interesting information related to why EB3 India has not moved at all recently.

During the fiscal year 2017 (FY17), which ended September 30, 2017, requests for evidence (RFEs) were issued on many pending I-485s in the EB3 India category, with the expectation that the RFEs would be responded to in a timely manner, and the cases approved in August or September 2017. Inexplicably, however, hundreds of individuals in the EB3 India category failed to respond timely. This left the U.S. Citizenship and Immigration Services (USCIS) with no choice but to allocate these visa numbers to other visa categories, rather than their being used to reduce the tremendous backlogs in EB3 India.

Source: https://www.murthy.com/2017/11/02/november-2017-...
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Posted in I-140 Forum on 06 Jan 2018
Topic: H1b exon rule comin in feb to fed register

Axios is pretty much reputable, they only wrote the article after verifying it's authenticity. Now whatever the rule USCIS will bring, I am pretty much sure there will be some clause to save H1b Non-dependent companies. Until today no single bill came against H1b non-dependent companies. Even Obama administration increases the h1b new filing fees by $4000 for border security but excluded h1b non-dependent companies to pay extra. No US politician(including Trump) said any words against how US companies using h1bs.
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Posted in I-140 Forum on 05 Jan 2018
Topic: who is right: IV or immigration girl/lawyers

FREQUENTLY ASKED QUESTIONS (FAQS) BY BAL Global


McClatchy DC reported on Dec. 31 that the Department of Homeland Security (DHS) may stop renewing H-1B extensions for
individuals caught in the green card backlog. DHS has not made any official announcements of a new policy toward H-1B
extensions and no changes have taken effect yet.

This FAQ discusses current DHS policy on H-1B extensions, what is being considered, which H-1B workers would be
impacted, and the scope and timeline of any potential changes.

What is the current policy on H-1B extensions?

Generally, a foreign worker may remain in H-1B status for up to six years. In 2000, Congress passed the American
Competitiveness in the 21st Century Act (“AC21,” which was later amended by the 2002 Department of Justice Appropriations
Act) to allow for extensions of H-1B status beyond six years in certain limited situations.
Section 104(c) of AC21 says that DHS may grant H-1B extensions, in a maximum of three-year increments, if (1) an
immigrant petition (Form I-140) has been approved and (2) the beneficiary would be eligible to adjust to permanent resident
status but for the per-country numerical limits for his or her visa category.
Section 106(a) of AC21 requires DHS to extend H-1B status beyond the six-year period if at least 365 days have passed
since the filing of a permanent labor certification application (PERM) or an immigrant petition (Form I-140).
What is being considered?
According to the McClatchy report, DHS is considering a different policy going forward and may elect not to extend H-1B
status in three-year increments based on per-country backlogs. This change would be based on the language of section
104(c) of AC21 that makes such extensions discretionary, i.e., DHS “may” grant H-1B extensions but is not required to.
The statutory language in section 106(a) of AC21 is not discretionary (i.e. DHS “shall” extend the stay), and there is no
indication in the article that DHS is considering changes to how it interprets or applies the one-year H-1B extensions based on
section 106(a) of the law.
FREQUENTLY ASKED QUESTIONS (FAQS)
United States – FAQ – Reports of Changes to H-1B Extensions in 2018
Version: 6.0. Last updated: 4 Jan. 2018
Copyright © 2017 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices
without notice. Please check with your BAL representative to make sure you have the most recent document version. This
document does not constitute legal advice or create an attorney-client relationship.

Who would be impacted?

If the change takes effect, most H-1B beneficiaries who are beyond their sixth year of H-1B status will be able to qualify for
one-year extensions under section 106(a) of the law. Though there are rumors that DHS will prohibit individuals caught in the
per-country backlog from obtaining one-year extensions under section 106(a), there is no evidence yet that the government
will adopt that interpretation.
How likely is this policy and how long would it take to implement?
As of today, the government has not made any changes to how it adjudicates H-1B extensions. While some political
appointees may be advocating for a policy that forces H-1B workers to “self-deport,” it is not yet known whether there is a
consensus within the administration to change how the government interprets and applies section 104(c) of AC21.
Traditionally, both Republicans and Democrats have supported relief for H-1B workers caught in the green card backlog, but
some appointees in the Trump administration are focused on reducing the total number of H-1B workers in the U.S. workforce
and may see this policy change as a means of attaining that goal.
If the government does elect to change its policy, the timing of the change will depend on whether the government seeks to
impose a bright-line rule or whether it simply allows individual adjudicators to exercise discretion on a case-by-case basis. A
bright-line rule that DHS will not approve any H-1B extension for an individual caught in the per-country green card backlog
would likely require formal notice and comment rulemaking under the Administrative Procedure Act, a six- to nine-month
process. We cannot rule out, however, that individual adjudicators could on a case–by-case basis decide to deny an H-1B
extension under section 104(c). Any change in policy would be applied the next time an H-1B visa holder seeks to extend his
or her status.

What should companies do today?

The latest leak out of the Trump administration is a reminder that U.S. immigration policy will continue to be unpredictable in
2018 and that companies should develop global immigration policies and options to protect their workforce interests. BAL will
continue to engage directly with DHS and through business coalitions to monitor this development.
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