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No change in H-1B extension policy
10 January 2018, 01:50 | Max Haynes
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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.
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".
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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