Rumors about an executive order that bans the entry H1b holders around.

[siddix16]

I called cbp too at ambassador bridge, I asked " regarding the president's executive order that went live today, does someone with existing h1b stamp and a valid i797 document allowed to enter in United States from Canada". The officer on the other end replied in very stern voice and just said "Yes" I said thank you and hung up.

 

[VOBuckeye]

I have a H1-B visa stamped from my previous employer which ends on Nov'2020 and I have approved i797 from new employer until 2022. Do you think I should be good to travel and come back ?

Have them update your records to match I797 expiry date. My visa from old employer was to expire in Aug, but my new I797 expires end of Oct. They stamped next to Visa that entry was valid till end of Oct to match my I797

 

[harirajmohan]

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/
Sec. 3. Scope of Suspension and Limitation on Entry. (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.

 

[DEEPCUR]

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/
Sec. 3. Scope of Suspension and Limitation on Entry. (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.

so it looks like if someone has valid visa as of mid night of June 22 and if they are currently in US, then they can get new stamp as well. The order would not impact them.

 

[Aliya45]

so it looks like if someone has valid visa as of mid night of June 22 and if they are currently in US, then they can get new stamp as well. The order would not impact them.

I am thinking by valid visa they mean valid stamp

 

[incomingAbg]

Have them update your records to match I797 expiry date. My visa from old employer was to expire in Aug, but my new I797 expires end of Oct. They stamped next to Visa that entry was valid till end of Oct to match my I797

Thank you. Did you asked the CBP officer to update it for you or they did it on their own ?

 

[pseetha]

I am on H4 in Canada and my spouse is in US..This rule from Trump is not clear if it impacts my entry as an H4 as I am not impacting US job market in any way

 

[ccaallvviinn]

With the signed EO today, could anyone confirm if I am eligible for AVR, after completing landing in Canada:

- H1B visa stamp expired 2 years ago and it was with previous employer;
- Changed employer recently (no H-1B visa stamp yet) and have approved I-797 (I-94 valid through 2023);

 

[harirajmohan]

so it looks like if someone has valid visa as of mid night of June 22 and if they are currently in US, then they can get new stamp as well. The order would not impact them.

also no idea if one needs to be inside US on effective date apart from having visa.

 

[VOBuckeye]

Thank you. Did you asked the CBP officer to update it for you or they did it on their own ?

I asked them to update it, per company lawyers instructions.

 

[prudhvi]

With the signed EO today, could anyone confirm if I am eligible for AVR, after completing landing in Canada:

- H1B visa stamp expired 2 years ago and it was with previous employer;
- Changed employer recently (no H-1B visa stamp yet) and have approved I-797 (I-94 valid through 2023);

I am in the same situation as well,
I have approved I-797 until 2022 and have an expired visa stamp. My visa interview date is in August. Not sure what to do now

 

[ccaallvviinn]

I am in the same situation as well,
I have approved I-797 until 2022 and have an expired visa stamp. My visa interview date is in August. Not sure what to do now

My understand is we can still do AVR to enter the US, with our situation. Could anyone help take a look at our situation and advise?

 

[prudhvi]

My understand is we can still do AVR to enter the US, with our situation. Could anyone help take a look at our situation and advise?

Can we get AVR even if we have an expired visa?
I am also working from home (Canada) from march due to the COVID border restrictions

 

[harirajmohan]

Can we get AVR even if we have an expired visa?
I am also working from home (Canada) from march due to the COVID border restrictions

AVR is for the people who are maintaining H1 status and having visa expired.
H1 status can be maintained only when one enters the US at least once in every 30 days.

 

[HoustonRodeo]

AVR is for the people who are maintaining H1 status and having visa expired.
H1 status can be maintained only when one enters the US at least once in every 30 days.

so seems like AVR is still possible. Will be very helpful if in next few weeks ppl post their experiences traveling back using AVR.