New rule allows deportation if H-1B extension is rejected
You Must Also Appear In US Immig Court
Mumbai: Many H-1B visa holders could find themselves facing deportation proceedings if their application for a visa extension or change of status has been rejected and the tenure of stay granted originally by the US authorities (as reflected in Form 1-94) has expired. To make matters worse, despite no longer holding on to a job, they would have to stay on in the US for several months, waiting to be heard by an immigration judge.
A policy memorandum, dated June 28, which came into the public domain last we- sel in an IT company, “It appears that all cases where an application for visa extension is denied, post expiry of the original tenure of stay that was granted, will be issued an NTA.” Notices for commencement of deportation proceedings were restricted to cases relating to fraud, criminal charges or denial of asylum or refugee status, but the ambit now stands widened.
On being served an NTA, the nightmare begins. “Once an NTA has been served, the individual must remain in the US and appear before an immigration judge. A failure to appear for removal proceedings carries a five-year ban on re-entry to the US,” says Snehal Batra, managing attorney, NPZ Law Group.