The
USCIS has backtracked from a proposed policy change that would have placed H-1B
and other employment-based workers immediately into deportation processing after
the denial of a petition. USCIS has
decided to only enforce this new policy for denials of:
- I-485, Adjustment of Status
- I-539, Application to Extend/Change Nonimmigrant Status (typically, H-4, F-1, and B-1/B-2).
Under
the revised policy, USCIS will send special letters to denied
applicants if their I-94 card is expired.
The special denial letter is designed to provide adequate notice to
applicants that they should depart the US.
If the applicant does not timely depart the United States, USCIS may
issue a Notice to Appear (NTA). An NTA
initiates deportation proceedings. You
can read more about the NTA policy on our earlier
blog post.
USCIS
will prioritize the issuance of an NTA in cases of:
- Criminal records
- Fraud or misrepresentation
- National security concern
The
USCIS will continue to use prosecutorial discretion when issuing an NTA in
these instances on a case-by-case basis.
Hi! My current status in my H1b petition was RFE recieved. My friend,also had this status, but just yesterday her case was approved. Why is it that she recieved it first than i am? Considering our cases were filed together. Just wondering when will my case get its approval notice? Thank you!
ReplyDeleteThe USCIS is incredibly inconsistent. The first filed case does not always get the first reply.
DeleteIs it possible that i'll recieve my approval notice this succeeding days? Thank you so much.
DeleteYou will have to check with your attorney. It is impossible to say without knowing anything about your case.
DeleteHi MU, does EB2 applicants (Phils) filed sept 2016 and currently on RFE status need to attend an in person interview with USCIS?
ReplyDelete