Nix­ing of H-1B ex­ten­sion can get holder de­ported

Must Also Face Im­mi­gra­tion Judge In US

The Times of India (New Delhi edition) - - FRONT PAGE - Lubna.Kably@

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 week, per­mits the US Cit­i­zen­ship and Im­mi­gra­tion Ser­vices to is­sue “no­tices to ap­pear” (NTA) in cases “where- upon de­nial of an ap­pli­ca­tion or pe­ti­tion, the ap­pli­cant is ‘un­law­fully present’ in the US” ( seecas­es­tudyin­side). Such a no­tice is the start­ing point for re­moval or de­por­ta­tion pro­ceed­ings.

Ac­cord­ing to an im­mi­gra­tion coun­sel at 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.

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