Published by: Times of India - July 23, 2025
https://tinyurl.com/33zdn4ue
Quotes and Excerpts from Rajiv in the article:
Rajiv S. Khanna, managing attorney at Immigration.com points out that a policy memo issued on Feb 28, states that NTAs should generally be sent "upon issuance of an unfavourable decision on a benefit request" where the individual is not lawfully present. However, recent cases demonstrate USCIS improperly issuing NTAs to individuals who remain in ‘authorized periods of stay’ (such as during the 60-day grace period for H-1B visa holders) including those with pending change of status applications.
To illustrate: An H-1B worker, who timely filed an I-539 application to change status to B-2 visitor within their 60-day grace period, received an NTA before a decision was made on the I-539.
“This contradicts guidance issued by the US Citizenship and Immigration Services (USCIS). In other words, if you have a properly filed, non-frivolous application pending, you should be considered in ‘authorized stay’ for unlawful presence purposes. Despite this, we are seeing a significant volume of NTAs," states Khanna.
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