Immigration attorneys Rahul Reddy and Emily Neumann expressed concern over some tech companies experiencing difficulties in getting H-1B extensions for their employees. Reddy said it is concerning as companies like Microsoft, Cognizant and Infosys employ a huge number of Indians, while Neumann pointed out that there has been no clarification or statement from the departments on this either. The USCIS is reportedly not honoring the premium processing timeline, the attorneys said in their latest weekly discussion.
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H-1 B extension and premium processing
The H-1B employer files Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the worker's H-1B status. USCIS specifically requires the petitioner to request an extension on the worker's behalf. The employer can file Form I-907, Request for Premium Processing Service, either together with the I-129 or after the I-129 has already been filed. The beneficiary cannot independently file the I-907 for an ordinary employer-sponsored H-1B; the petitioner or its authorized attorney files it.
For an H-1B I-129, premium processing currently requires USCIS to take one of several actions within 15 business days after properly receiving the premium-processing request and fee. That action can be: approval, denial, request for evidence, notice of intent to deny, or opening an investigation for fraud.
The H-1B worker does not need to leave the US when the H-1B extension approval is pending. They can work for 240 days while the extension is pending. But after 240 days, the H-1B worker can't work, though they don't have to leave the US.
Recently, the Department of Labor suspended new Green Card PERM filings for Cognizant because of a federal fraud investigation but it has nothing to do with H-1B extension cases.
On September 18, the Donald Trump administration brought out a new rule where H-1B sponsoring employers will be scanned for their layoff history and if it's found that they fired Americans to hire foreigners, their H-1B petitions won't be entertained. But it is not confirmed whether the H-1B extension delay is a result of this scrutiny.
