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

File photo used for representation

File photo used for representation

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 “whereupon denial of an application or petition, the applicant is ‘unlawfully present’ in the US”. Such a notice is the starting point for removal or deportation proceedings.

Click here to read more…