Nixing of H-1B extension can get holder deported
Must Also Face Immigration Judge In US
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.