Historically, filing a Nunc Pro Tunc (NPT) petition has been a reliable way for individuals to retroactively extend their nonimmigrant status—such as H-1B or H-4—when extraordinary circumstances caused them to miss timely filings before their I-94 expiration. NPT requests, governed by 8 CFR 214.1(c)(4), provided an administrative remedy that allowed USCIS discretion to correct status issues without necessitating departure from the United States.

However, under the Trump administration, a concerning shift has taken place. USCIS has become increasingly aggressive in its enforcement measures, frequently issuing Notices to Appear (NTAs)—documents initiating removal proceedings—to individuals who file NPT petitions, even when clearly justified by extraordinary circumstances. This shift is not limited to isolated incidents; our firm has recently encountered multiple clients who, despite acting in good faith and meticulously documenting their extraordinary circumstances, have received NTAs after filing NPT applications.

Additionally troubling is the emergence of NTAs being issued erroneously to H-1B workers during their legally protected 60-day grace period following job loss. Such actions starkly contradict USCIS guidelines, causing unwarranted distress, financial burdens, and uncertainty for skilled professionals who contribute significantly to the U.S. economy.

Given this enforcement-heavy environment, the once-safe option of filing NPT petitions has become perilously risky. Individuals now face not only denial of their NPT requests but also initiation of removal proceedings—an outcome drastically harsher than previously experienced.

Consequently, our recommendation to individuals facing lapses in their immigration status is clear:

• Avoid filing an NPT petition without first consulting with a highly experienced immigration attorney.
• Seriously consider traveling outside the United States to regularize your status through consular processing, a method currently safer and less prone to unintended consequences.
• What worked yesterday might hurt you today; continuous legal vigilance is your only safeguard

By: Rahul Reddy, Immigration Attorney at Law

Rahul Reddy is the founding partner of Reddy Neumann Brown PC. He founded our firm in 1997 and has over 28 years of experience practicing employment-based immigration. Rahul‘s vast knowledge of the complex immigration system makes him an invaluable resource and an expert in the field. His personal experience with the immigration system has made him empathetic to each of his clients’ cases and empowered him to help others achieve the American Dream.

Rahul‘s dedication to serving the immigrant community is evident, from his daily free conference calls to his weekly immigration Q&As on Facebook and YouTube Live. He is an active member of the immigrant community and one of the founders of ITServe Alliance. He has been a member of American Immigration Lawyers Association since 1995.