New rule al­lows de­por­ta­tion if H-1B ex­ten­sion is re­jected

You Must Also Ap­pear In US Im­mig Court

The Times of India (Mumbai edition) - - FRONT PAGE - Lubna.Kably@ times­group.com

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.

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