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H-1B employees allowed to stay in USA while waiting for extension
Friday, 15th April 2011
H-1B employees, whose timely- filed applications for extension of visas are pending before US immigration authorities, may not be arrested for "overstaying" now following a recent federal court ruling on the issue.
A judge in Connecticut recognised that a federal regulation allows H-1B employees -- including Indians -- to continue working for 240 days pending the adjudication of their extension applications and that "work authorisation is part and parcel of their authorisation to be in the country, not a separate matter."
The ruling came following an argument in an amicus brief by American Immigration Council (AIC) and American Immigration Lawyers Association (AILA).
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