abb;667944Saw this headline in TOI...
https://timesofindia.indiatimes.com/business/india-business/trump-admin-considers-proposal-that-may-send-back-more-than-500000-indian-tech-workers/articleshow/62341416.cms
Is it possible to send so many people back ?
Andy
I don't think the administration will implement this right away (please see the detailed explanation below). Even if they are hell bent in doing this, it will take time. And not all folks will be sent back right away. The aim of this administration appears to make the life of the visa-holding NRI difficult - so much difficult that they will self-deport themselves. That said, I fully believe in the abilities of a visa-holding NRI living in the USA to relocate wherever there are opportunities and thrive. A bird sitting on a tree branch is never afraid of the branch breaking off; for the bird's trust is not on the strength of the branch but on the ability of her wings.
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In the year 2000, the US Congress passed The American Competitiveness in the 21st Century Act (AC-21) and signed into law by President Clinton. There are two parts of AC-21 that relate to H1B extensions beyond the six-year limit.
Section 104(c) provided protection under the per country ceiling by stating that any alien that is the beneficiary of an employment-based petition (I-140) and is eligible for the green card but for application of the per country limitations ?
may apply for, and the Attorney General
may grant, an extension of such non-immigrant status until the alien?s application for adjustment of status has been processed and a decision made thereon.?
The internal memo may be pointing to the the use of the word
?may? to suggest that the H1B extension under 104(c) is discretionary and that Attorney General could just choose not to grant those extensions.
However, there is another section of AC-21, which uses slightly different language for the exemption from the six-year limit in one year increments:
Section 106(a) says that the six year limit
?shall not apply? to any non-immigrant alien previously issued a visa or otherwise provided H1B status on whose behalf a petition has been filed, if 365 days or more have elapsed since:
(1) the filing of a labor certification application on the alien?s behalf; or
(2) the filing of the I-140 petition.
Further, ?the Attorney General
shall extend the stay of an alien who qualifies for an exemption under subsection (a) in one-year increments until such time as a final decision is made on the alien?s lawful permanent residence.?
So, it comes down to semantics ("may" and "shall" instead of "must" and "should") and what the congress intended to do for those who had approved I-140 petitions but are in H1B status beyond the 6-year limit. It will be interesting to see how this turns out.