By Admin 
This time is becoming very challenging for H-1B visa holders working in America. While the employees fired from the job have been given a 60-day grace period to change the new job or visa status, on the other hand the US Citizenship and Immigration Services (USCIS) has started sending notice to appear (NTA) within this period. According to the report of Pew Research, the most H-1B visa in America is given to Indians. Out of the H-1B visa holders approved in 2023, about three-fourths (73%) were the people of India. China was at number two, which was just 12 percent.
This is the first phase of NTA deportation proceedings and is generally released when a person is living illegally in the US, but now this notice is also being received to those who have pending applications for changing visa status.
What is NTA and why it is serious?
NTA means notice to appear is a legal document sent to appear in the immigration court. When this notice is received, it shows that exile action has been initiated on the person. Under this, action of unlawful presence starts. Visa may face difficulties in increasing the time limit or gaining green cards. Apart from this, 3 or 10 years of ban on entering America in future can also be imposed.
What do USCIS guidelines say?
According to the guidelines issued in 2025 by the USCIS, an application can be made for the change of status within the 60-day grace period. If the application is pending within this deadline, then the person should be considered in the authorized stay, until that application is decided, NTA should not be sent. However, immigration experts claim that USCIS is no longer following these guidelines and is also sending NTA to those who applied on time.
Experts warning is contrary to law
Sameer Khedekar, founder of Vangard Visa Law, said that many H-1B visa holders are getting NTA at a time when their I-539 (application of status change) is pending. At the same time, advocate Rajiv S. Khanna said that if the person has applied in time and in proper form, then he should not be considered in an illegal presence. Despite this, USCIS is releasing about 1,840 NTA every week, many of which are being released in violation of policies.
Rules regarding H-1B visa in America
Recently, the US government is going to make many necessary changes in the process of issuing H-1B visas. In relation to this, the Department of Homeland Security (DHS) has proposed the weight selection process. In this, instead of lottery system, those applicants will be given a chance, whose profile will be better. Let us know that Indians have the highest number of H-1B visa holders in America. Due to this, the most impact of new changes will be on the Indian.
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