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giftedviz.com August 17, 2018


No change in H-1B extension policy

10 January 2018, 01:50 | Max Haynes

People march across the Brooklyn Bridge to protest the planned dissolution of DACA in Manhattan New York City US

People march across the Brooklyn Bridge to protest the planned dissolution of DACA in Manhattan New York City US

If the controversial proposal had been implemented, it would have caused deportation of 500,000 to 750,000 Indian H-1B visa holders.

On Dec. 30, news reports indicated that the US Citizenship and Immigration Services (USCIS) was drafting a policy that would curb the indefinite extension for H-1B visa holders on the green-card route, forcing them to return home. When the reports first became pubic, there was a stir among the Indian's and other people who have been working overseas and who are not the permanent citizens of the state.

Jonathan also Confirmed that even if the rule was changed, there is still a solution: Employers can use Section 106 (a)-(b) of AC21, in order to trigger one-year extensions for their employees.

What is H-1B visa? The rumored change would have a large impact on foreign tech workers in the US, but the United States Citizenship and Immigration Services (USCIS) is offering assurances that no such policy change is underway.

Increasing number of layoffs in ITsectors along with the recent proposal by the U.S. government to end extension of H-1B visa for people waiting for green card is giving jitters to techies back home.

"All this goes to show the deep shortage of skilled professionals in the IT sector", says Pai, adding that not extending H-1B visas would hurt the United States more.

Since taking office, the Trump administration has been talking about cracking down on the visa scheme.

No change in H-1B extension policy
No change in H-1B extension policy

The clarification offers respite to over half-a-million Indians for whom the wait for a green card can stretch upwards of 12 years.

After six years, extensions are given, usually in two-year increments, to those visa holders whose petitions for Green Card has been accepted. "USCIS has announced to us that it is retracting its policy to deny all H-1B visa through (beyond) year 6 based on section 104". This is a GREAT development.

Withington said that USCIS was never considering such a policy change and that "any suggestion that USCIS changed its position because of pressure is absolutely false".

Citing unnamed sources, the McClatchy report had spoken of internal memos exchanged by top immigration officials considering denial of H-1B extensions by re-interpreting a key section of "The American Competitiveness in the Twenty-First Century Act", commonly known as AC-21.

For Indians, that wait could stretch for years, given the massive backlog caused by the system of per-country annual cap on the number of permanent residencies - by one estimate it would take an Indian 70 years to get there, at today's rate of clearance.

The US government decision, seen as the largest reform after three decades, is expected to add $1.4 trillion (Rs 90 lakh crore) to the Federal deficit over the next decade.

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