Trump Administration’s Executive Order/Travel Ban

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Attorney_22 Advanced Member

Attorney_22

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This week, Murthy Law Firm attorneys will answer questions regarding the new executive order.   

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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sujoy_sin Newbie

sujoy_sin

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I was working on H1B visa for a health insurance company for last 9 years until I returned to India on a family emergency. My visa expired and my employer filed a OOC petition based on my approved I-140. It got approved in May, 2020. By this time, all consulated were closed due to COVID-19 situation. Meanwhile this executive order came. I have couple of questions on this:

1. Does it mean I would not be able to go for H1B stamping until Jan 1st, 2021?

2. My current work included extensive analytical work related to COVID-19 for the health insurance company. Does it by any means make me eligible for any kind of exception?

Thanks

 

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Attorney_22 Advanced Member

Attorney_22

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On 6/26/2020 at 9:40 AM, Sree08 said:

Can a special case or appeal be made  for a spouse and kids to get a H4 visa, If the H1-B holder is already in states 

There are no special provisions for H4 visas. However, there may be other options available to you such as B2 or humanitarian parole. It is advisable to call our office to discuss these options with one of our attorneys that deal with such matters. They will be able to help you determine is these options are applicable and viable for your situation. 

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Attorney_22 Advanced Member

Attorney_22

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On 6/26/2020 at 9:57 AM, inconsistency said:

I was in the U.S. when the proclamation was announced. Does the ban affects me? For example, if I leave U.S. to visit my family, will I barred from applying a H1B visa at a consulate abroad? Or if granted such visa, would I be blocked by CBP at re-entry?

 

Thanks, 

The following article should help: https://www.murthy.com/2020/06/22/newsflash-trump-signing-executive-order-restricting-work-visas-including-h1b-and-l/

However, despite these clarifications in the article, there may still be risk to traveling internationally at this time, and perhaps, for the duration of the order. 

 

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Attorney_22 Advanced Member

Attorney_22

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On 6/26/2020 at 10:39 AM, PRAKASH KUNDUR said:

My H1B Visa renewal is coming up and I am in the US now. Will there be any delays for renewal? If I travel to India before January 2021 and go to Chennai consular office for stamping, will it be done?

The following article should help: https://www.murthy.com/2020/06/22/newsflash-trump-signing-executive-order-restricting-work-visas-including-h1b-and-l/

However, despite these clarifications in the article, there may still be risk to traveling internationally at this time, and perhaps, for the duration of the order. 

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Attorney_22 Advanced Member

Attorney_22

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On 6/26/2020 at 12:15 PM, sujoy_sin said:

I was working on H1B visa for a health insurance company for last 9 years until I returned to India on a family emergency. My visa expired and my employer filed a OOC petition based on my approved I-140. It got approved in May, 2020. By this time, all consulated were closed due to COVID-19 situation. Meanwhile this executive order came. I have couple of questions on this:

1. Does it mean I would not be able to go for H1B stamping until Jan 1st, 2021?

2. My current work included extensive analytical work related to COVID-19 for the health insurance company. Does it by any means make me eligible for any kind of exception?

Thanks

 

It may be possible that you fit one of the exceptions to the E.O. You would need to make the argument to a consular officer and be sure to document how you meet the exception. 

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PAggarwal Newbie

PAggarwal

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My family (wife & kid) are on H4 visa, but they had traveled to India in Oct 2019. I changed my employer in March 2020 & I have got an approved petition with my new employer (say B) which is valid till Dec 2021.

After going back to India, my dependents got they passports stamped & their stamped visa also have validity till 19-Dec-2021. But their stamping was done based on my earlier petition which was with previous employer (say A)

So, I have 2 queries :

1. Do they need to go for stamping again or they can travel based on the current stamped visa which has my previous employer's name mentioned in it  ?

2. As per the latest executive order passed by US Government, H1B & their dependents with valid visas are allowed to travel. So, is my family eligible to travel based on their current existing visa with my previous employer ? And will there be any risk in their immigration at POE with stamped visa with old employer ?

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sreejit7 Newbie

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I am a client of Murthy Law Firm. My H1-B renewal is coming up in a few months, and we usually start the process 6 months in advance (which would be in August 2020). I have an approved I-140 (August 2010 priority date), and my wife is working on H-4 EAD.

1. Should we (or can we even) start the processing earlier than 6 months (say in July itself)?

2. Would this proclamation (and the resulting furlough for over 75% of USCIS employees from what I read) affect the renewal processing time? Do you expect it will take a whole lot longer for USCIS to process these renewals? I have heard H4 EADs took longer than H1 renewals pre-COVID. Is this going to make it worse?

During these unprecedented COVID times, this is a double whammy for all non-immigrants who have made the US as their home for years. We can only pray and hope that normalcy is restored soon in all of our lives.

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Attorney_22 Advanced Member

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On 7/2/2020 at 7:52 PM, PAggarwal said:

My family (wife & kid) are on H4 visa, but they had traveled to India in Oct 2019. I changed my employer in March 2020 & I have got an approved petition with my new employer (say B) which is valid till Dec 2021.

After going back to India, my dependents got they passports stamped & their stamped visa also have validity till 19-Dec-2021. But their stamping was done based on my earlier petition which was with previous employer (say A)

So, I have 2 queries :

1. Do they need to go for stamping again or they can travel based on the current stamped visa which has my previous employer's name mentioned in it  ?

2. As per the latest executive order passed by US Government, H1B & their dependents with valid visas are allowed to travel. So, is my family eligible to travel based on their current existing visa with my previous employer ? And will there be any risk in their immigration at POE with stamped visa with old employer ?

Since the H4 visas are tied to your status and not your employer, your family should be able to use their already issued H4 visas to enter the U.S. 

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Attorney_22 Advanced Member

Attorney_22

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On 7/3/2020 at 4:35 PM, sreejit7 said:

I am a client of Murthy Law Firm. My H1-B renewal is coming up in a few months, and we usually start the process 6 months in advance (which would be in August 2020). I have an approved I-140 (August 2010 priority date), and my wife is working on H-4 EAD.

1. Should we (or can we even) start the processing earlier than 6 months (say in July itself)?

2. Would this proclamation (and the resulting furlough for over 75% of USCIS employees from what I read) affect the renewal processing time? Do you expect it will take a whole lot longer for USCIS to process these renewals? I have heard H4 EADs took longer than H1 renewals pre-COVID. Is this going to make it worse?

During these unprecedented COVID times, this is a double whammy for all non-immigrants who have made the US as their home for years. We can only pray and hope that normalcy is restored soon in all of our lives.

Yes, you can start the process earlier than six months. However, you cannot file earlier than six months. For all other aspects of your questions, once the case is opened you can speak to your attorney directly. 

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cynoajay Newbie

cynoajay

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My Wife has a H1B visa stamp on her passport till July 15. However, her project ended and she traveled to Canada for business as she is a Canadian PR and was out of US on 24th June.

I am on a H1b visa and my I797 and visa is valid till the end of October 2020. 

1. If she gets her H4 stamped in Canada, will she be able to travel back to US since she had a valid visa as of 24 th June and it was in the same non immigrant category (H)

or 

2. Should we apply for a visitor visa for her and will she be able to travel to US?

 

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Rajesh Sun Newbie

Rajesh Sun

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As my job was eliminated and my 60 day grace period is elapsed, I have applied for COS to a tourist visa. My existing H1B is valid until next year.
If I get a job, should I have to wait until my tourist visa is approved or can I start the H1B process while the tourist visa is pending? Which will be a better option? Please advice.

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Ngaendra Newbie

Ngaendra

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Hi,

I am in USA from past one year on H1B visa and i didn't travel to India till now and my family is in India. At present they don't have visa, they have to go for H4 visa stamping.

Today, I have seen a notice in US Embassy site stating that they are resuming the services limited for F, M, J Visas and also for H1B Visas. For your reference here is the link, https://in.usembassy.gov/visas/

I am confused whether my family will covered by presidential proclamation 10052 or not?  Request you to please let me know. whether they are eligible to go for visa stamping or not.

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VijayY Newbie

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18 hours ago, Ngaendra said:

Hi,

I am in USA from past one year on H1B visa and i didn't travel to India till now and my family is in India. At present they don't have visa, they have to go for H4 visa stamping.

Today, I have seen a notice in US Embassy site stating that they are resuming the services limited for F, M, J Visas and also for H1B Visas. For your reference here is the link, https://in.usembassy.gov/visas/

I am confused whether my family will covered by presidential proclamation 10052 or not?  Request you to please let me know. whether they are eligible to go for visa stamping or not.

+1

If they(H4 - Spouse and Child) are eligible to go for visa stamping, can you clarify if all the US embassy offices are open( if not, which embassy office in India is taking up these interviews right now?). Thank you!

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newacct Advanced Member

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According to this page, they are not subject to the ban if you are not (and you are not since you were in the US on June 24), and they don't need a national interest exception.

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H-4, L-2, and J-2 applicants

  • National interest exceptions are available for those who will accompany or follow to join a principal applicant who is a spouse or parent and who has been granted a national interest exception to P.P. 10052. Note, a national interest exception is not required if the principal applicant is not subject to P.P. 10052 (e.g. if the principal was in the United States on the effective date, June 24, or has a valid visa that the principal will use to seek entry to the United States).  In the case of a principal visa applicant who is not subject to P.P. 10052, the derivative will not be subject to the proclamation either.

 

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