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Perplexity ChatGPT Claude Gemini

H-1B Extension Delays Hit Microsoft, Cognizant and Infosys Staff, and the Reasons Remain Unclear

Perplexity ChatGPT Claude Gemini
H-1B Extension Delays Hit Microsoft, Cognizant and Infosys Staff, and the Reasons Remain Unclear

Immigration attorneys are raising concerns about H-1B extension petitions filed for employees of some of the largest sponsors of foreign workers, among them are Microsoft, Cognizant and Infosys. What worries them most is the silence from federal agencies. Neither USCIS nor the Department of Labor has explained why some cases are taking so long. Our EB-1A consultants have presented a deep dive into this important news and touched upon what the applicants can expect regarding H-1B extension.

What the attorneys said

Attorneys Rahul Reddy and Emily Neumann raised the issue in their weekly discussion, as reported by The Times of India. Reddy called it a concern because the three companies employ a very large number of Indians. Neumann pointed out that the government has offered “no clarification” or statement on the matter. The attorneys said USCIS is reportedly not honoring the premium processing timeline for some of these petitions.

How an H-1B extension is supposed to work

The employer, not the worker, files Form I-129 to request an extension of the worker's H-1B status. The employer can add Form I-907 for premium processing, either with the petition or afterwards. For an H-1B I-129, premium processing requires USCIS to act within 15 business days of properly receiving the request and fee. “Acting” can mean approval, denial, a request for evidence, a notice of intent to deny, or opening a fraud investigation. It does not necessarily mean a decision.

Workers have a safety net. Under the 240-day rule, a worker with a timely filed extension can keep working for up to 240 days past the status expiration while the case is pending. After that, the worker cannot work, though they do not have to leave the country. A pause in decisions therefore matters most for cases that have been pending for a long time, and for travel.

The Cognizant backdrop

Cognizant is also dealing with a separate action. On September 8, 2026, Department of Labor Inspector General Anthony D'Esposito announced on X that Cognizant's PERM filings were suspended. PERM is the labor certification step that starts an employment-based green card. He also said the PERM filings of software company Cloudera were suspended, and that his office was working with the White House Fraud Task Force. He wrote that “Cognizant's PERM filings are suspended.”

Several points stand out in the coverage:

  • No criminal charges have been announced against Cognizant.
  • Officials have not publicly detailed the allegations.
  • The suspension blocks new PERM applications. It does not automatically cancel PERM certifications, green cards or H-1B approvals already granted.
  • NRI Pulse notes that an investigation and a suspension should not be read as a finding of wrongdoing.

On July 8, 2026, DOL's Office of Inspector General had announced a broader investigation into potential fraud involving H-1B and PERM programs.

A disagreement over whether the cases are linked

Sources differ on whether the PERM suspension and the extension delays are connected. The Times of India reports that the PERM suspension has nothing to do with H-1B extension cases. Jeelani Law Firm, which says it is pursuing mandamus lawsuits on behalf of Cognizant employees, says USCIS appears to be unofficially holding many Cognizant extension petitions, including premium filings. It adds that the Inspector General has described investigating alleged fraud in both the PERM and H-1B programs. No agency has confirmed the hold.

Reddy and Neumann also raised a separate development. On September 18, the Trump administration issued a rule under which H-1B sponsors would be screened for layoff history, and petitions from employers found to have fired Americans to hire foreigners would not be entertained. The report says it is not confirmed whether the extension delays result from that scrutiny.

The wider climate

The delays come amid a broader squeeze on H-1B volume. BusinessToday reported that the six largest Indian IT firms (TCS, Infosys, HCLTech, Wipro, LTM and Tech Mahindra) filed only 1,763 H-1B registrations for fiscal 2027, compared with 21,919 a year earlier, a 92% drop. Registrations at Microsoft, Apple, JPMorgan and Walmart fell between 16% and 40%. Nasscom and immigration experts attributed the fall partly to more hiring of local talent in the U.S.

BusinessToday also reported that Infosys and TCS face scrutiny that includes Labor Condition Application audits and examination of third-party client placements, and that visa processing has been suspended for companies including Cognizant and Cloudera. D'Esposito said the foreign-labor visa system could look “very different a year from now” as enforcement widens.

What affected workers can do

Our allied attorneys believe here is how the workers can best approach the extension delays:

  • Confirm the extension was filed on time, because the 240-day rule depends on it.
  • Track the 240-day mark and ask the employer's immigration counsel about plans if the date approaches.
  • Be cautious about international travel while a case is pending.
  • Know that attorneys such as Jeelani Law describe mandamus lawsuits as a way to force a decision. That is the firm's own view of the remedy, so discuss it with your own lawyer.

At GCEB1, our EB-1A experts regularly write about the latest news, analysis and insights into the U.S. immigration landscape. You can get in touch with us for personalized mentorship into merit based green card pathways. We wish you a worry-free immigration journey ahead.

Frequently asked questions

1. What is happening with H-1B extensions at Microsoft, Cognizant and Infosys?

Attorneys report that some extension petitions are delayed, and USCIS is reportedly not honoring the premium processing timeline in these cases. Neither USCIS nor the Department of Labor has explained why.

2. What does premium processing promise?

USCIS will take one action within 15 business days: approve, deny, issue an evidence request or notice of intent to deny, or open a fraud investigation. It does not guarantee a final decision.

3. Can I keep working while my extension is pending?

Yes, for up to 240 days past your status expiration, if the extension was filed on time. After 240 days you cannot work, but you do not have to leave the U.S.

4. Who files Form I-907?

The employer or its authorized attorney. An H-1B worker cannot file it independently.

5. Why was Cognizant's PERM filing suspended?

Labor Department Inspector General Anthony D'Esposito said it was part of an investigation into alleged fraud involving the company's use of H-1B and PERM programs. The allegations have not been detailed, and no criminal charges have been announced.

6. Does the PERM suspension cancel existing green cards or H-1B approvals?

No. It blocks new PERM filings but does not automatically cancel existing certifications, green cards or H-1B approvals.

7. Are the extension delays caused by the PERM suspension?

Reports disagree. The Times of India says the two are unrelated. Jeelani Law says USCIS appears to be holding Cognizant cases. No agency has confirmed either view.

8. What is the September 18 rule on layoffs?

It directs scrutiny of H-1B sponsors' layoff histories. Petitions could be denied if an employer is found to have fired Americans to hire foreigners. It is not confirmed whether the delays relate to it.

9. What is a mandamus lawsuit?

A federal court action asking a judge to order an agency to act. Some law firms say it can force USCIS to decide a stalled case, but outcomes vary.

Sources & further readings

 

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