Will NTA affect my H1B visa? 6 Answers as of March 11, 2011

I am a former university student. I got a call from them to go to the DHS office, I went there and they gave me NTA. Now I am applying for H1B (before F1 I had H1B) so will NTA affect my H1B file or not? And what should be my next step?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I will be willing to help. Your NTA is only going to happen if there is something in your activities while you were a university student, or in a failure to apply for your H-1B before your F-1 expired. Your filing an H-1B will not keep you from being removed, if you have gone out of status. Please feel free to call to set up a consultation by phone or in person. Your NTA is serious. It's important to meet. I hope you can get help.
Answer Applies to: California
Replied: 3/11/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
An nta is a document whereby DHS is initiating removal proceedings against you. You need to urgently speak to an immigration attorney. Contact my office for a free legal consultation.
Answer Applies to: Florida
Replied: 3/10/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes probably will. Go see an attorney.
Answer Applies to: Florida
Replied: 3/10/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes a Notice to Appear will affect your H1B. A Notice to Appear means that the USCIS is trying to deport you from the U.S. It is generally issued when someone has violated or fallen out of status. If you did either of them you could be ineligible to change your status to H1B and it could be denied. Failure to appear at an immigration court hearing will result in you being deported from the U.S. Your next step is to contact an immigration attorney to represent you before the immigration court.
Answer Applies to: California
Replied: 3/9/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
I am thinking you may be a TVU student. If this is the case your NTA was likely not served on the Court. SEVIS and ICE have not figured out what they will do with the NTA's and are unofficially giving people 30-60 days to get back in status. The key will be arguing with USCIS for discretion given the facts.

If not a TVU student, then the attorney will need to look at the facts of why you were given an NTA and "fell out of status." I would need more facts to advise you properly. If the Immigration Proceedings are active, you will need to negotiate a voluntary departure (again this will depend on the facts as to why you fell out of status; and you will have to obtain a new visa to re-enter in H-1B status. These are complicated cases and both the NTA and the new H have to interplayed properly with each other and you want to make sure you don't exceed 180 days out of status in any case.

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Answer Applies to: California
Replied: 3/9/2011
    Calderón Seguin PLC
    Calderón Seguin PLC | Ofelia L. Calderon
    It really depends on the reason for the Notice to Appear. DHS is saying that you are deportable from the U.S. for reasons you have not disclosed in your post. Those reasons may affect your continued eligibility for the H1B. Your next step should be to consult with a competent immigration attorney because you are facing deportation proceedings.
    Answer Applies to: Virginia
    Replied: 3/9/2011
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