New H1B visa Denial and NTA proceedings

USA H1B Visa
1

Hello All,

I wanted to understand how the new H1b visa rule from sept 11th is going to affect several cases. I am currently working on my initial 3 year period H1b visa. I have an offer from a different state and their immigration attorney says filing a new h1b with new employer with sept 11 rule can result in NTA if denied. Based on my understanding this NTA is for employees that have applied for an extension with an expired I-94, am I right?. Based on whatever information gathered, I see there was grace period of 240 days after an extension was denied even though with an I-94 expired until sept 10th.

Please let me know if someone has better undersatnding.

Thank you

2

H1B extension denial after i94 expired

There is NO grace period if H1B extension filed before i94 expiry is finally denied after i94 expired.
240 days rule is only applicable if the H1B extension is pending after i94 expiry.

So, your status in US changes to ‘out of status’ and you start adding ‘unlawful presence’ if either 240 days expire or H1B extension is denied, whichever happens first.

The NTA policy makes Unlawful Presence more troublesome and painfully dangerous, if applied by USCIS.

At this time, NTA policy has not taken effect yet.

These scenarios have been discussed in detail here:

https://www.truvisa.com/t/uscis-allows-deportation-proceeding-after-h1b-extension-or-transfer-denial/785?u=anil_gupta

Apply H1B transfer before i94 expiry

I normally recommend applying for H1B transfer well before i94 expiry and that too in premium processing.

With H1B premium processing suspended at this time and denial without RFE rule, you will be immediately ‘out of status’ if your file with expired i94 and your transfer is denied.

You will have to leave USA immediately in case of denial. So be very careful.