Stargate Posted July 16, 2018 Report Share Posted July 16, 2018 I recently came across this policy memorandum on updated guidance on Notices to Appear (NTAs). https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf https://www.uscis.gov/news/news-releases/uscis-updates-notice-appear-policy-guidance-support-dhs-enforcement-priorities 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. Link to comment
cap-gap Posted July 17, 2018 Report Share Posted July 17, 2018 You will be subject to NTA only if your pending extension is denied.. Link to comment
Stargate Posted July 17, 2018 Author Report Share Posted July 17, 2018 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? Link to comment
Lokesh123 Posted July 17, 2018 Report Share Posted July 17, 2018 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). Link to comment
cap-gap Posted July 17, 2018 Report Share Posted July 17, 2018 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. Link to comment
Lokesh123 Posted July 18, 2018 Report Share Posted July 18, 2018 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?. Link to comment
cap-gap Posted July 18, 2018 Report Share Posted July 18, 2018 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.. Link to comment
Stargate Posted July 18, 2018 Author Report Share Posted July 18, 2018 how can it be avoided? Link to comment
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