Lawsuit Against USCIS for Shorter Tenure of H-1B Extensions

Lawsuit Against USCIS for Shorter Tenure of H-1B Extensions

With increasing number of H1B extension rejections and approvals for unexpectedly short duration has not gone well with IT companies in the USA.

One ITServe Alliance, a non-profit trade association filed a lawsuit against USCIS for approving H1B extension for just days or months when the US laws prescribe to approve a 3 year extension unless the employee requests for a shorter time.

A lot of H1B extensions in past few months have seen rejections and many other who got their extensions approved withing the cap of 6 years max cap, were given days and months of visa tenure. Many others who had to move back to their countries after their 240 days of wait after filing for extension, got their approvals later and there are employees who got their extension approval after the 'approved visa tenure' also expired.

In the lawsuit, the alliance mentions that USCIC does not have any authority to cut down the duration of visa tenure for H1Bs. ITServe Alliance earlier filed a lawsuit against USCIS' stand to expel STEM OPT students at third party sites.

According to other reports, a large number of employees on H1B visas have been facing rejections in extending their visa tenure, based on several reasons like low-wage, specialized skills requirements and non IT backgrounds.