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Something about the new EAD rule


tennisluvr

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1 minute ago, Don_Draper said:

ma company lo only FTE's 5k people lepesaru.. Imagine they coming to our desk and telling how come contracting is safe.

Basic ga Employers are cutting cost to avoid 401k benefits, health insurace etc etc.. More over they are hiring fresh grads outta school for a low wage too.. 

Yeah so true even they are hiring them as contractors unless they have true potential they aren't taking them as full timers.

also with SAFe agile project managers 

team leads andarini egara*tunnaru 

 

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33 minutes ago, tennisluvr said:

Did you read the entire rule book. I know it's lengthy but it clearly states that these rules can't be enforced retroactively. 

Comment. Several commenters requested that the rule’s provision restricting revocation of a petition’s approval based on withdrawal or business termination apply retroactively to petitions whose approvals were revoked prior to the rule’s publication. Response. DHS appreciates the commenters’ suggestion; however, DHS has determined that retroactive application of this provision would be problematic. Generally, there is a presumption against retroactive application of new regulations. Cf. Bowen v. Georgetown Univ. Hosp., 488 U.S. 204 (1988). Moreover, in this case, retroactive application of the revised automatic revocation provision would impose a 73 disproportionate operational burden on USCIS, as it would require significant manual work. USCIS systems cannot be queried based on the specific reason(s) for revocation, and USCIS would be required to manually identify and review these cases in order to verify the reason(s) for revocation, thus creating a highly labor-intensive process that would significantly strain USCIS resources. Therefore, the final 8 CFR 205.1(a)(3)(iii)(C) and (D) provisions will apply prospectively from the effective date of this final rule. iii. Priority Date Not Retained if Approval Revoked for Fraud, Willful Misrepresentation, DOL Revocation, Invalidation by USCIS or DOS, Material Error, or Petition Denial

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Tennis : Retroactively antey intaku muncu revoke chesina petitions ani. So lets say your petition is not revoked by employer then all this rules applies to your case.. already revoke chesi untey danni overtunr cheyyatam kudradu andi sabhamukhanga chapperu

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1 minute ago, Don_Draper said:

Comment. Several commenters requested that the rule’s provision restricting revocation of a petition’s approval based on withdrawal or business termination apply retroactively to petitions whose approvals were revoked prior to the rule’s publication. Response. DHS appreciates the commenters’ suggestion; however, DHS has determined that retroactive application of this provision would be problematic. Generally, there is a presumption against retroactive application of new regulations. Cf. Bowen v. Georgetown Univ. Hosp., 488 U.S. 204 (1988). Moreover, in this case, retroactive application of the revised automatic revocation provision would impose a 73 disproportionate operational burden on USCIS, as it would require significant manual work. USCIS systems cannot be queried based on the specific reason(s) for revocation, and USCIS would be required to manually identify and review these cases in order to verify the reason(s) for revocation, thus creating a highly labor-intensive process that would significantly strain USCIS resources. Therefore, the final 8 CFR 205.1(a)(3)(iii)(C) and (D) provisions will apply prospectively from the effective date of this final rule. iii. Priority Date Not Retained if Approval Revoked for Fraud, Willful Misrepresentation, DOL Revocation, Invalidation by USCIS or DOS, Material Error, or Petition Denial

page# 73 lo undi..

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37 minutes ago, tennisluvr said:

The new rule states otherwise. It doesn't say you can only extend your H1B one time, it says an approved I 140 is all you need to keep extending your H1B. 

itla ayithe andaru change avutaru kada bhayya.. attorney ni adigara evarina?

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39 minutes ago, tennisluvr said:

No already I 140 untey you can use that priority date man. 

 

The reply was for below comments @3$%

57 minutes ago, tennisluvr said:

This only applies to petitions after Jan 17, 2017. If your case is before that, then it's not applicable to these rules. 

 

50 minutes ago, LivingLegend said:

Ante already i140 unna vallaki bisket aa 

 

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1 minute ago, sanbk said:

itla ayithe andaru change avutaru kada bhayya.. attorney ni adigara evarina?

ada cheppindi correct.. andaru change avtaru portability undali ani rule tesaru.. else you are nullifying the rule..

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Just now, sanbk said:

itla ayithe andaru change avutaru kada bhayya.. attorney ni adigara evarina?

my colleague was able to extend h1b 2 times(3 times each year) with previous company I140(his previous company was shutdown and they didnot cancel his I140)

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9 minutes ago, infoseeker786 said:

my colleague was able to extend h1b 2 times(3 times each year) with previous company I140(his previous company was shutdown and they didnot cancel his I140)

yeah you can cuz with current rule there isn't any clarity.. so konni cases lo avtai konnitlo kaavu.. kani cases lo enduku kaavu antey appudu rule lo clarity ledu antunnaru.. andukey ee rule lo clear ga rasaru.. they have also mentioned that previously they lacked clarity in such cases ani.

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Ee rule lo antha  benefit em undi vayya.  4 years back job changed and applied for extension with approved 140 from previous employer. 

May only help less than 1%. adi kuda lkball mestris daggar unna vallaki. Did I miss anything here? 

If you have to file for PERM and I40 from beginning where is the benefit I say??

PD porting kuda eppatinuncho vundi kada...

 

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15 minutes ago, JUSTME said:

Ee rule lo antha  benefit em undi vayya.  4 years back job changed and applied for extension with approved 140 from previous employer. 

May only help less than 1%. adi kuda lkball mestris daggar unna vallaki. Did I miss anything here? 

If you have to file for PERM and I40 from beginning where is the benefit I say??

PD porting kuda eppatinuncho vundi kada...

 

pade vadike telusthadi baada... Employers move ayina ventane 140 revoke chesaru before this rule so you can't retain your PD before this rule.. 

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17 minutes ago, JUSTME said:

Ee rule lo antha  benefit em undi vayya.  4 years back job changed and applied for extension with approved 140 from previous employer. 

May only help less than 1%. adi kuda lkball mestris daggar unna vallaki. Did I miss anything here? 

If you have to file for PERM and I40 from beginning where is the benefit I say??

PD porting kuda eppatinuncho vundi kada...

 

undi babu undi but chala mandiki PD revoke ayyak porting allow cheyyaledu i know many cases who got FTE and were not able to Port. cuz that was gray area.

To the point the rule is toothless no benefit .. only benefit is 60 day grace period and PD is always valid and portable.

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2 minutes ago, rakeshchinna said:

pade vadike telusthadi baada... Employers move ayina ventane 140 revoke chesaru before this rule so you can't retain your PD before this rule.. 

Unknown is an Ocean annaru Db peddalu

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