aos Are NTAs being issued for people with expired H-1B and I-94, but filed AOS (pending I-485)? How to avoid it?

[netsinb 1]

Recently, USCIS has been issuing NTAs to individuals who were laid off from H-1B positions. Interestingly, they don’t seem to care if the employee had already filed for a new H-1B transfer with a different employer within the 60-day grace period. It appears that USCIS has been taking advantage of every opportunity to kick people out without adhering to their own policies.

 

I’m curious to know if anyone has experienced this situation or if you know someone who has. Specifically, I’m wondering if anyone has been issued an NTA when an AOS was filed after their work visa or any underlying non-immigrant visa had already expired. If so, I’d appreciate any advice on how to avoid receiving an NTA or guidance on what to do if one does receive an NTA.

[mam521 2,592]

Hello and welcome.  Please fill out your timeline so others can best assist you.  https://www.visajourney.com/timeline/profile.php?id=490837

 

I haven't (yet) heard of anyone on the forum being given an NTA with the pending H1B and a valid I-94.  Maybe others have.  

[netsinb 1]

2 minutes ago, mam521 said:

Hello and welcome.  Please fill out your timeline so others can best assist you.  https://www.visajourney.com/timeline/profile.php?id=490837

 

I haven't (yet) heard of anyone on the forum being given an NTA with the pending H1B and a valid I-94.  Maybe others have.  

Hi, Sorry if I wasn't clear. I am talking about the case where the H-1B visa and I-94 is expired and the AOS (based on marriage) is pending. 

[Crazy Cat 44,619]

I have not seen any cases where a person in "authorized stay" with a pending I-485 has been given an NTA.  Maybe others have.