H1 - New Executive order

[Priyaranjanltcp]

I am already in USA on H1. However my visa expired last year and i have valid extension petition approved till 2022. Will the new executive order impact me? Do i need to leave the country?

[Yash_Rangi]

See full text in link below. 

 

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/   

shall apply only to any alien who:

(i)    is outside the United States on the effective date of this proclamation;

(ii)   does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

 

[cyberlord]

No, as long as you have a valid extension, you are good. Visa is only for your entry into United States.

[gopalakrishnach]

I guess your H1B approved is not consular. If it is not then you are good. No need to leave country.

[newacct]

No, the proclamation doesn't apply to you since you are in the US on the effective date of the proclamation.

[User099]

No, it will not impact you. You can stay.

[Priyaranjanltcp]

Thanks everyone for the responses.

[kunjdab]

One thing that you've to remember though is,  If you leave the country, you'll not be able to come back until the ban is lifted. 

[newacct]

13 hours ago, kunjdab said:

One thing that you've to remember though is,  If you leave the country, you'll not be able to come back until the ban is lifted. 

Not true. If they were physically present in the US on the effective date of the proclamation, the proclamation doesn't apply to them, which means there is no restriction on their ability to leave and return to the US.

[User099]

On 6/24/2020 at 2:52 PM, newacct said:

Not true. If they were physically present in the US on the effective date of the proclamation, the proclamation doesn't apply to them, which means there is no restriction on their ability to leave and return to the US.

Only if you have a valid visa you can come back which was issued before June 24. If your visa stamp has expired, you can stay but if you go out and get a new visa stamp you can't come back.

[newacct]

On 6/26/2020 at 2:19 PM, User099 said:

Only if you have a valid visa you can come back which was issued before June 24. If your visa stamp has expired, you can stay but if you go out and get a new visa stamp you can't come back.

You can come back, because the ban doesn't apply to people who were inside the US on June 24. The ban only applies to people who meet all of the 3 conditions: 1) was outside the US on June 24, 2) didn't have a visa valid on June 24, AND 3) doesn't have some other travel document allowing them to travel to the US. If any of those 3 are false, the ban doesn't apply.

[lata2020]

Thank you. I have a quick question. I am outside the US. But I had a valid H1B visa on June 24, which subsequently expired on June 30th. I have an approved I-797 until 2023. Does this ban apply to my case, or can I apply for stamping? 

[JoeF]

The ban applies to you. You have an approved petition, but no visa. They don't issue new visas.

[User099]

On 6/29/2020 at 7:59 PM, newacct said:

You can come back, because the ban doesn't apply to people who were inside the US on June 24. The ban only applies to people who meet all of the 3 conditions: 1) was outside the US on June 24, 2) didn't have a visa valid on June 24, AND 3) doesn't have some other travel document allowing them to travel to the US. If any of those 3 are false, the ban doesn't apply.

Ban doesn't doesn't mention that people who are within the US on June 24 can travel out of US to get a new visa and come back in. 

[User099]

4 hours ago, lata2020 said:

Thank you. I have a quick question. I am outside the US. But I had a valid H1B visa on June 24, which subsequently expired on June 30th. I have an approved I-797 until 2023. Does this ban apply to my case, or can I apply for stamping? 

You can apply for visa stamping, but I dont think consulates are issuing visas now. Even if you get a visa stamped now, you can't travel till the ban is lifted. 

Edited July 7, 2020 by User099

[lata2020]

Thank you User099 and JoeF for your time. In that case, should I wait to fix an appointment for dropbox? I have turned in my DS-160, but don't know whether it is prudent to fix an appointment now or wait. If I wait, there may be backlog if consulates open. At the same time, I don't want any RFEs due to the EO. Mine is a cap-exempt and straight case with no complications though. Any suggestion is appreciated. I am new to this forum, and perhaps this thread is not the correct place to ask this question. 

18 hours ago, User099 said:

Ban doesn't doesn't mention that people who are within the US on June 24 can travel out of US to get a new visa and come back in. 

 

18 hours ago, User099 said:

You can apply for visa stamping, but I dont think consulates are issuing visas now. Even if you get a visa stamped now, you can't travel till the ban is lifted. 

 

[newacct]

On 7/7/2020 at 3:06 PM, User099 said:

Ban doesn't doesn't mention that people who are within the US on June 24 can travel out of US to get a new visa and come back in. 

Yes it does. Section 3(a) of the proclamation says:

Quote

 

(a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:

(i) is outside the United States on the effective date of this proclamation;

(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and

(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

 

All 3 of (i), (ii), and (iii) must be true in order for the suspension of entry to apply. If any of the 3 are not true, then the suspension of entry does not apply. If the person was in the US on the effective date of the proclamation (June 24), conditions (i) is not true, so the suspension of entry does not apply. If there is no suspension of entry, then why can't they get a visa?

[JoeF]

A person can travel with an existing, valid visa. That's what the part you mention is about. it is about "suspension and limitation of entry", it doesn't say anything about getting a new visa.

Once the person's valid visa expires the person can not get a new H1 visa, and can therefore not travel to the US.

[User099]

On 7/8/2020 at 1:02 PM, lata2020 said:

Thank you User099 and JoeF for your time. In that case, should I wait to fix an appointment for dropbox? I have turned in my DS-160, but don't know whether it is prudent to fix an appointment now or wait. If I wait, there may be backlog if consulates open. At the same time, I don't want any RFEs due to the EO. Mine is a cap-exempt and straight case with no complications though. Any suggestion is appreciated. I am new to this forum, and perhaps this thread is not the correct place to ask this question. 

 

 

I was told there are no appointments till 2021, are you seeing anything different?

[lata2020]

On 7/9/2020 at 3:50 PM, User099 said:

I was told there are no appointments till 2021, are you seeing anything different?

No, the dates I was were in Feb. 2021. Since I am usually a drop-box candidate, I am waiting whether anything changes. Hence, did not fix an appointment. Also, the recent  DOS exemptions to the ban which came out on July 16 are confusing. According to it those who are "aging out of their current immigrant visa classification before the relevant executive order expires or within two weeks thereafter" may be exempted. I am still exploring whether any discussion of this takes place anywhere in the forum.