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Stargate

New memo on NTAs dated 28th-June-18

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I recently came across this policy memorandum on updated guidance on Notices to Appear (NTAs).

Suppose, a person's H1-B extension was filed in Feb'18, RFE issued in April'18, H1B Visa/I-94 expired in May'18 and RFE response received by USCIS in the first week of July-18. (I-140 was approved in 2015).

Any suggestions what to do/what not to do?

Thanks in advance for the help.

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In this situation (visa/i-94 expired, pending extension), what can be done proactively to avoid the NTA hassles (and prevent the 5-year ban)?

What about the 240-day rule?

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15 hours ago, cap-gap said:

You will be subject to NTA only if your pending extension is denied..

NTA will be issued only if you overstay.. After H1 extn denial, there is reasonable days to leave country (1-3 weeks).

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3 hours ago, Lokesh123 said:

NTA will be issued only if you overstay.. After H1 extn denial, there is reasonable days to leave country (1-3 weeks).

Even a single a day without a valid I94 after denial is considered illegal presence. 

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14 hours ago, cap-gap said:

Even a single a day without a valid I94 after denial is considered illegal presence. 

Denial notice will come after 1-2 weeks. How would beneficiary will know in advance?.

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1 hour ago, Lokesh123 said:

Denial notice will come after 1-2 weeks. How would beneficiary will know in advance?.

online case status..it got glitches, but better in the recent times..not long ago that online system was useless..

so bottom line, an individual is walking on thin ice by counting on new approval while staying in the country on expired I94 while lot of ways exist to avoid it altogether..

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