H1b Extension Plus Amendment approved with previous date

[Spartan]

3 minutes ago, hello123000 said:

dani valla use enti? what are you trying to say...?

i-94 still valid undi kabatti...u r bit better position to reapply ... for extension or transfer

 

[Amrita]

51 minutes ago, hello123000 said:

yes.

September 2018 ki vachindhi

 

Manchi lawyer ni pettukoni follow up your next petition personally without totally depending on lawyer. Good luck dude !

[Amrita]

27 minutes ago, hello123000 said:

employer emo po eppati varaku unte appati varake ichadu ani chepthunnadu..

This is actually a possibility. Naku oka sari amendment alane vachindi till date of PO/ Client letter.  I94 valid kabbatti ventane MTR or new petition vesukondi. 

[snoww]

39 minutes ago, hello123000 said:

problems ante ye rakam ga snow? can  u be more detailed.

uscis might say you were out of status if you take too much time in sending new application. so file a new extension as soon as possible. 

[afacc123]

1 hour ago, rapchik said:

chala mandhiki ilane vasthunayi..andhuke USCIS ni sue chesthunaru #ITSERVE 

 

https://indicanews.com/2018/10/13/uscis-sued-by-itserve-alliance-for-tweaking-h-1b-duration/

 

Lawsuit claims the agency took steps that only the Department of Labor could when it began approving visas for less than the standard three-year duration

 

Ritu Jha

 

The United States Citizenship and Immigration Services(USCIS) an agency of the US Department of Homeland Security (DHS) has been sued for abusing its power when offering H-1B visas for less than the standard three-year duration.

 

USCIS spokesperson told indica,  “As a matter of policy, we are unable to comment on matters involving specific litigation.”

 

This is the second lawsuit filed by ITServe Alliance, a non-profit organization of over 1,000 IT service companies. In the first lawsuit filed in July 2018, ITServe successfully got USCIS to remove language from their website that prohibited F-1 STEM students doing Optional Practical Training(OPT) from working at the offices of third party clients.

 

The current lawsuit, filed October 11, asserts that the agency has recently begun approving H-1B petitions for shorter than the standard three-year duration, often issuing them for months or days at a time. In some cases, the visas expired before the approval came in. Court document shows people got approval for as few as 12 days.

The lawsuit alleges that USCIS has no authority to misinterpret the existing regulations and shorten the approval duration.

 

Congress has specifically granted power to the Department of Labor, the regulations of which grant approvals for three years. This lawsuit alleges that the itinerary requirement put forth by USCIS is also unlawful.

 

“USCIS has been making arbitrary rules and memos for over eight years, it’s our top priority to set things right and hold USCIS accountable to follow the regulations set by the Unites States Congress,” ITServe claimed.

 

Referring to the recent spate of H-1B denials that ITServe Alliance members received, Gopi Kandukuri, ITServe’s national president for 2018, , said in a press note, “Our members are tired of receiving random denials for no reason and the new battlefield for us is the federal courthouse and not USCIS service centers.”

 

Kandukuri, a plaintiff in the case, has pointed out in court documents that the legislative rule forces companies to endure a perpetual cycle of H-1B extension petitions to renew employees’ H-1B status and pay exorbitant fees for unpredictable extension adjudications that disrupt members their operations.

 

The documents said the companies are concerned that in this current environment they may be targeted by USCIS for reprisal, in the form of punitive enforcement actions, denied visa petitions, or additional delay tactics in processing visa petitions. Because they cannot replace their H-1B workers with domestic employees.

 

Congress had stripped USCIS of authority to regulate the location where work is performed or to create or enforce the itinerary regulation. Congress had handed that authority to the Department of Labor.

 

Additionally, the documents allege that USCIS has never provided an explanation or rationale for modifying current regulations.

 

Companies say USCIS did not explain that an itinerary was required to determine if the H-1Bposition was a specialty occupation. They did publish proposed itinerary regulations for O and P visas and provided an analysis for why they were applicable to those new categories.

 

Congress created a maximum “period of authorized admission” for an H-1B employee, capping the period at six years. This six-year cap can be extended if the beneficiary of the H-1B visa is also the beneficiary of an immigrant visa and waiting for approval of their application to adjust status.

 

The H-1B specialty occupation visa was part of a broader reform to increase the number of high skilled technology and professional employees needed to stay competitive in the global market place.

 

ITServe Alliance agreed that the Department of labor requires to analyze where and when an H-1B employee could work, but doesn’t requires USCIS to evaluate this information when adjudicating an H-1B visa. It pointed out that health care staffing firms and information technology consulting companies use the H-1B visa to place workers at various locations at short notice

 

 

 

new law authorizes no more legal status given completion of six year h1b period waiting to adjust status, is it so???

[Nellore Pedda reddy]

24 minutes ago, afacc123 said:

new law authorizes no more legal status given completion of six year h1b period waiting to adjust status, is it so???

I don’t think so, I got a 2 year extension after 6 year completion with I-140

[Mitron]

41 minutes ago, afacc123 said:

new law authorizes no more legal status given completion of six year h1b period waiting to adjust status, is it so???

 

15 minutes ago, Nellore Pedda reddy said:

I don’t think so, I got a 2 year extension after 6 year completion with I-140

Case to case. Ideally they should not.

but have seen a case completed 6 years got denial even with approved 140.

[Nellore Pedda reddy]

7 minutes ago, Mitron said:

 

Case to case. Ideally they should not.

but have seen a case completed 6 years got denial even with approved 140.

What did the denial say?

[hello123000]

3 hours ago, Spartan said:

i-94 still valid undi kabatti...u r bit better position to reapply ... for extension or transfer

 

snow...cani apply for premium processing? any idea?

[Amrita]

2 minutes ago, hello123000 said:

snow...cani apply for premium processing? any idea?

Feb Varaku premium ledu kada unless no change of material ? Your case amendment is approved so extension ki yes but MTR ayite undadu anukunta . Anyways ltt . I am not 100% sure . 

[hello123000]

2 minutes ago, Amrita said:

Feb Varaku premium ledu kada unless no change of material ? Your case amendment is approved so extension ki yes but MTR ayite undadu anukunta . Anyways ltt . I am not 100% sure . 

asalu mtr nenu apply cheyocha? ippudu nenu malli amendment ki applycheyala or jus extension ah?

[hello123000]

6 minutes ago, Amrita said:

Feb Varaku premium ledu kada unless no change of material ? Your case amendment is approved so extension ki yes but MTR ayite undadu anukunta . Anyways ltt . I am not 100% sure . 

feb lo pp open avtadhiani how do u know

[Amrita]

3 minutes ago, hello123000 said:

feb lo pp open avtadhiani how do u know

Update lone undi kada until feb ani . Unless they extend it for now it’s till February 

[snoww]

8 minutes ago, hello123000 said:

asalu mtr nenu apply cheyocha? ippudu nenu malli amendment ki applycheyala or jus extension ah?

ask your employer. not many go for MTR's since success rate is very very low. 

[Amrita]

8 minutes ago, hello123000 said:

asalu mtr nenu apply cheyocha? ippudu nenu malli amendment ki applycheyala or jus extension ah?

I94 valid kada so yes why not ? But MTR kanna new extension better in my opinion . Talk to lawyer and make a decision.