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Opt Stem Extension Effect On H1-b

Discussion in 'OPT changes' started by Rohitkaku1804, Aug 19, 2015.

  1. Rohitkaku1804

    Rohitkaku1804 New Member

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    Hi Ron:
    If at all this OPT stem extension is vacated, will all the people who have used OPT STEM at one point before but now are on different VISAS such as H1-B are in danger of getting evicted as well?
     
  2. Senram

    Senram Member

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    The following actions are possible from DHS
    1. Make a rule making and finsh by Feb 12 with or without restrictions
    2. Make a rule making and finsh a few months or a few year later than Feb 12
    3. Appeal the court decision
    4. Do nothing to cancel the 17th month extension

    In any case we should know within a few weeks from DHS
     
  3. Rohitkaku1804

    Rohitkaku1804 New Member

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    Ron,
    Also, I believe they will require LCA for STEM OPT, If someone was paid less during STEM OPT in the past what will happen to those people.
    I guess what I am asking is will this rule be in effect retroactively???
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, that will not happen. You can take it to the bank that ICE will have new rules in place before the deadline.
     
    Rohitkaku1804 likes this.
  5. Rohitkaku1804

    Rohitkaku1804 New Member

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    Will the rule be in effect retroactively, if at all the OPT STEM gets vacated. Thanks
     
  6. Rohitkaku1804

    Rohitkaku1804 New Member

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    Ok, Thanks. Good to know.
     
  7. Rohitkaku1804

    Rohitkaku1804 New Member

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    But if all the rules change will those be in effect retroactively?
    If someone used OPT STEM extension earlier correctly but according to new rules is not in compliance(now on a different VISA), will they be evicted as well?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    How many times do I have to say this: NO
     
  9. Kamakazee

    Kamakazee Super Moderator

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  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That just means that they have been thinking about publishing notice and comment rules for the past few years, but never quite got around to it.
     
  11. Kamakazee

    Kamakazee Super Moderator

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    Yes, because nobody forced them to. Now they have to actually work on it since the court forced them to.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    One of my long standing complaints about the INS/USCIS was their refusal to promulgate lawful regulations.
     
  13. Kamakazee

    Kamakazee Super Moderator

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    They always release policy memos to take the short cut.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Policy memos are easier than complying with the law and doing the hard work. God help you, however, if you try to take an equivalent shortcut on your petition or application.
     
  15. Senram

    Senram Member

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    DHS/USCIS is still quite on court ruling on STEM extension. The plaintiffs won the ruling in the standing and also made the STEM extension invalid based on DHS failed to do rule making. Plaintiffs lost in the argument of authority of DHS to extend OPT period. I heard that plaintiffs already appealed that decision in circuit court as their important argument is DHS does not have authority to extend OPT.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They will lose that argument. The district court spent a lot of time discussing the legal right of DHS to promulgate practical training rules. I don't see any circuit in the country, but especially the DC circuit, holding differently.
     
  17. Sam Raana

    Sam Raana New Member

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    Impact of White-house petition from OH-Law

    10/03/2015: Very Good News for STEM OPT Rule-Making Compliance Initiative

    • Ever since the STEM OPT EAD rule was struck down by a federal court in August with the court order to vacate the rule unless the DHS (ICE) rectify procedural defects (failure of notice and comment period in the rule making process) by 02/12/2016, the devastated academic and research community and STEM OPT community were very anxious to see that DHS (ICE) would initiate the proposed rule making process as soon as possible. In a tremendous anxiety, STEM OPT community initiated petition process with the White House asking to initiate the rule making process as soon as possible. Within the time limit of the White House petition process, the number of signatures passed 100,000 within the time line and this website was proud to join the effort by setting up petition site at our home page which helped tremendously in achieving 100,000 signatures.
     
  18. allswell

    allswell Guru

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  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Please stop posting that crap here.
     
  20. Senram

    Senram Member

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    Ron,

    Looks like the news is true as DHS/USCIS started rule making? What is the problem in the news?
     

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