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Regarding 6 year Rule -------------------------------- I…

Customer Question
For Judith ---------------------- regarding 6 year Rule -------------------------------- I...
For Judith
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regarding 6 year Rule
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I have heard recently that there is a rule going to pass in which everybody who has stayed more than six years in USA on H-1B (insptite if their I-140 approved status and don't have EAD/GreenCard yet ) will have to go back to their country.Question 1: Is that true? If yes.
A. What is the expected month/year of the rule to be active.
B. Can that person come back on Same, H1B again after 1 year.
C. Can that person come back on
i. New approved I-797 on next year quota, with New H1-B stamping against this new I-797.
ii. New approved I-797 on new year quota, on old unexpired H1-B stamping with new I-797 petition.
iii. How long he can stay on this New H1B in either case of Question : 1.C.i. or 1.C.iiQuestion 2.If this is not true, What is the scenario.
Submitted: 5 months ago.Category: Immigration Law
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Answered in 13 hours by:
12/18/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,625
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago

Greetings,

I had not read anything in our AILA daily updates on proposed changes to AC21 to eliminate the section on extensions beyond the 6th year.

It is impossible to predict what may come. There has been much talk about revamping the total H1B program as Trump seeks to reduce the number of both nonimmigrants and immigrants. He is totally against foreign workers under his "make America great again" slogan.

After you posted this question I went to AILA's member website and research for any pending proposed regulations to H1B or AC21. There are none.

Since changes to the AC21 regulations is agency action and not congressional action on new laws, the congress is eliminated from creating new law.

It is totally up to DHS in proposing such amendments. We just have to wait and see. Guessing is fruitless since it is like reading a crystal ball or reading palms. Pure speculation.

I could not even begin to speculate what may happen other than we can expect changes to be proposed by DHS.

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,625
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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