Given the current state of visa extensions for H-1B and H-4, it is important to remind oneself of the rules surrounding an extension. Under the current regulations, if an H-1B visa expires while an extension is pending, the holder can work for up to 240 days.
If the extension remains pending after 240 days, employers must put the employee on leave without pay. However, as discovered recently, extensions have been stalled for major companies.
Microsoft, Adobe, TCS, Cognizant, and many others, have reported that their H-1B extension requests are being stalled by the USCIS. This is in spite of having paid for premium processing.
Legal firms like Reddy, Neumann, and Brown are exploring litigation regarding this. They note that the 240-day rule was extended from 120 days in 1991 to prevent exactly these scenarios.
Many employees are now considering Canada work permits as an alternative. This is because getting a Canadian work permit is significantly easier if the applicant legally resides there.
Lawyers also advice filing H-4 and EAD alongside H-1B, as this maximises the chance of simultaneous approval. Data shows that concurrent filing results in simultaneous approval 70-80% of the time.
However, H-4 EAD workers also face a new problem now, since th 540 day automatic extension has been removed. Now, if their EAD expires before renewal, they will be immediately stripped of legal permission to work.
