FAQ: Specific issues in the Trump NTA policy for denials
Thanks for your help to community.
NTA related question.
I am in USA on work visa (11+ years with same company), I-140 approved from Feb 2011. My current H1 is valid till 8/20/2018, my company already applied for extension on 04/12/2018 under normal processing.
(1) If Extension denied after 8/20/2018, in how many days we have to leave USA? In how many days they will send NTA notice?
(2) If we already left USA and notice came after that... is there any negative impact? Can I come back on H1B transfer based on I-140 approved? (Or I will consider as deported and never allow to enter USA on any visa?)
(3) If we left USA, can lawyer represent our case?
Thanks
Vijay
---------------------------------FROM RJ111-------------------------------------------
Hello sir,
if possible then can you please explain below Immigration rule change in simple terms with some examples.
Apart from below change is any other Immigration change happen recently ?
I am not able to copy the link so I am copy pasting the Information below:
Another day at the office for the Trump Administration. Another H-1B controversial memo comes out. The writing is on the wall, it’s not going to be an easy road for Indian techies who want to work in the United States. This memo in question has probably the biggest potential to jeopardise the career prospects of several Indian H-1B visa holders or the ones who are currently in the queue to get their visas approved.
In a policy memo issued on June 28, the United States Citizenship and Immigration Services (USCIS) will start issuing NTA (Notice to Appear) letters to any person whose application for H-1B visa application is denied. Such visa holders will not be deemed to be staying illegally in the United States.
During the Obama Administration, an Indian techie with a H-1B visa had the option of returning to India after the rejection of his visa extension application. In the earlier situation, he wouldn’t have got the NTA notice, whereas now through this new USCIS policy they will be considered as illegally staying in the United States after the denial of visa extension and the expiry of the original term of stay as mentioned in Form 1-94.
Such a status will mean that they will not be able to leave America, till the time an immigration judge has heard their case and decided it. On receipt of the NTA letter, you will have to stay in America till the pendency of the outcome of such a case and will not be able to return to India.
That’s added pressure and humiliation, considering that you are no longer employed, have been tagged as an illegal resident, and now need to face deportation proceedings. If you decide to leave the country, you will have to face a 5-year ban on re-entry to the United States.
As many as 7 lakh Indian techies working in the US on H-1B visas will be affected by such an order. All the recent actions of the Trump administration towards tightening of the H-1B work visa norms has already put cost pressures on Indian IT firms with onsite hiring costs piling up. High operating costs will soon force IT companies to rethink their approach and perhaps make them rethink about their US operations. If that happens, will it really serve American interests? Let time be the judge.
I am facing some issue to add content to my above post, so please forgive me to post my one question in 2 post, if possible for you then please merge both the question in one.
Question: Best strategy after this post is
1. We should file the H1B extension immediately when 6 months are left, in this case we will get six moth less in the extension because extension is always get on LAC date.
2. We should file H1-B extension in premium process when one 2 moths are left. this will give 4 moths extra in H1-B extension
3. When H1-B is expired then leave immediately to India and wait for decision and once H1-B visa is approve then come back to USA, face illegal resident issue.
Kindly suggested best approach to handle this situation
----------------------------------------From Somasekhar ------------------------------------------------------
Dear Rajivji,
I am really grateful for all your support you have been lending to the community. Here are my questions
1) I have my H1-B expiring on Sep 17, 2018. I applied for extension in Apr 2018. Got an RFE to establish employee-employer relationship. The end client is unwilling to provide a client letter and prime vendor is not willing to share the Statement of work or Master service agreement. What are my options in this case?
a) Will the alternate documents like Co-worker affidavit, copy of work badge, screenshot of my profile in end client's portal, copies of my email suffice the RFE?
b) Should we withdraw my petition, find another job and apply for extension with new documentation?
2) My I-94 is expiring 9/27/2018, If I find a new project with valid documentation when is the last date for filling my transfer or Amendment/extension?
3) With H1-B expiring on Sep 17, 2018 and I-94 expiring on Sep 27; legally when will I be out of status?
4) If I return to my home country after withdrawing my h1 extension petition, will my GC processing stop?
5) Once the priority dates become current, can I file I-1485 living outside US?
6) If the answer is no for Q5, what are the options to file I-485 and GC?
7) If I change my employer get my petition approved with new employer; when the dates become current, can I join back my previous employer and file for I-485?
With regards,
Somasekhar
-------------------------------------------------FROm Sathish007--------------------------------------
Hello Mr. Rajiv Ji,
My current I-94 expires on 12/28/2018 (issued at the port of entry using the AP).
My current H-1B expires on 02/27/19, and EAD /AP expires on 02/21/2019.
I am planning to apply for EAD /AP on 8/25/2018 (180 days before) and hoping that I get approvals before second week of Dec 2018. We are planning to go to India on 14Dec2018 and returning on 03Jan2019. Based on the past experience, we receive I-94 for 1 year at the port of entry. On 07Jan2019 planning to apply for H-1B premium.
1. Do I receive NTA if my H-1B is denied ?
2. Can I switch to the EAD if my H-1B is denied?
