New trouble for H1B visa holders seems to be on its way with the fresh changes in rules. Many H1 B visa holders may find face deportation if their extension application or change of status has been rejected and their tenure of stay granted by the US authorities also expires. The employee cannot hold the job in this scenario and has to stay in the US for more months to appear before the immigration judge.
NTA (notices to appear)
USCIS can issue the NTA in cases where , the employee/applicant is ‘unlawfully present’ in the US, upon denial of an application or petition. According to an immigration councel, all cases of visa extenion application denials, post expiry of the original issued tenure granted by the US authorities, will be issued an NTA.
If the applicant is issued an NTA, the individual must remain in the US and appear before immigration judge. Failure in appearance before judge carries a five year ban on re entry to the US. Earlier, the case was different as the employee could return to India without the NTA issue.
An H1B visa holder can continue to live and work for 240 days while the extension application was filed prior to expiry of the tenure in his original H1B. According to an attorney at immigration, USCIS takes more than six months to adjudicate a H1B visa. In this present situation with latest rules, applications should be filed before six months of expiry of existing visa tenure. Premium processing must be opted for for shorter processing time.