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

[harirajmohan]

The executive order does NOT apply to anyone who is in the United States as of the effective date of the order, which is 12:01 a.m. eastern daylight time on June 24, 2020.

Is this separate from people who are outside and have valid visas?

Forget about people inside. THis is for the people who are outside US whoever try to enter US.

 

[sameer318]

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

That's what I gathered from the language. Have asked our lawyers. Will post

 

[amanb014]

I understood the same. If you are already in USA, it does not affect you... But what about if you are on OPT in USA and company has applied for H1B? Would it impact those? If not, after approval of H1, can they leave and come back on H1?
Asked our lawyers too.. will post back.

 

[harirajmohan]

I understood the same. If you are already in USA, it does not affect you... But what about if you are on OPT in USA and company has applied for H1B? Would it impact those?
1. If not, after approval of H1, can they leave and come back on H1?
Asked our lawyers too.. will post back.

After approval if they leave continental US then they cant come because they cant get H1 stamping. This is effectively making people get stuck in US(and others gets stuck outside of US) except for few exemptions mentioned in the EO.
If one is travelling within Continental US(canada, mexico, islands etc) then they can definitely come back on H1 as they would use AVR as long as status was already adjusted.

 

[harirajmohan]

Thank you I'm in the same boat. H1 status after COS from F-1. Would be great if I can use AVR to come back after landing

you can. residents will be using avr within continental US. no issues.

 

[amanb014]

After approval if they leave continental US then they cant come because they cant get H1 stamping. This is effectively making people get stuck in US(and others gets stuck outside of US) except for few exemptions mentioned in the EO.
If one is travelling within Continental US(canada, mexico, islands etc) then they can definitely come back on H1 as they would use AVR as long as status was already adjusted.

But it says the order does not affect people that were in the USA on June 24. So if I am here 2 days from now, I wouldn't be affected right?

Wouldn't I then be exempt from this restriction when leaving and coming back? Or would they deny h1b stamping even though i was already in US on June 24?

 

[ProJack1991]

Hello Seniors,
I live in Windsor and I have a valid 1-797 . I changed jobs during the covid situation and do not have a visa stamp. If I am understanding it right in such cases I cannot enter the US until the ban gets over?Last travelled to US in March. Please advise!

 

[DEEPCUR]

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 meant for people with expired visas. If you have an approved i797 with i94 + expired visa + left US within last 30 days, you can use AVR to enter US. If you have been out since quite some time, you may not meet that 30 day part, however it is still worth calling cbp and check that out. Someone called cbp two weeks back and they mentioned that they might let someone in even if it has been more than 30 days as long as they were in Canada. But if you don’t have reason to come to US why do you bother coming?

 

[amanb014]

Hello Seniors,
I live in Windsor and I have a valid 1-797 . I changed jobs during the covid situation and do not have a visa stamp. If I am understanding it right in such cases I cannot enter the US until the ban gets over?Last travelled to US in March. Please advise!

It seems like if you are still in Windsor on June 24, you will not be able to enter until December 31.

 

[DEEPCUR]

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

So if they write like that, you don’t need to worry about traveling once in 30 days to maintain AVR? Does it become like an extended visa for the purpose of commuting?

 

[suemon]

Forget about people inside. THis is for the people who are outside US whoever try to enter US.

I saw this thread on reddit ( https://www.reddit.com/r/h1b/comments/he1u8f ), and it says,

"Q. Am I affected if I was physically in the US on June 24, 2020, but wish to leave and re-enter?

A. No."

Is this reliable? Does it mean that if one travels to the U.S. tomorrow and stays there for 2 days, then one is exempted from the restriction? Very confused about this. Hope you or someone could illuminate me on this. Thank you!

 

[iterp89]

Can my wife (she is on h4) drive across the border from toronto to niagara falls in the 23rd morning?

 

[DEEPCUR]

I think the biggest catch about using AVR is being in US at the time of proclamation.. only people who are in US / have valid visa are exempt from EO. So it could also imply that someone in Canada may not be able to use AVR with expired. I really don’t believe cbp is going to clarify this scenario over the phone.. if someone experiments this, post it here

 

[harirajmohan]

If he read the language correctly, you have to meet all three conditions (not in the US, no valid visa, no parole etc.) for the ban to hit you. Not sure whether this is a loophole or by design. But recent rumors have all said it's not gonna affect people currently in the US.

This is what my confusion also. So no idea if its either-or or all. Last time during countries' ban too cbp never got clear rule and they arrested many parole/gc guys too and sent back.
But per murthy too its either/or, not AND condition, i dont know if every cbp officer/post/team will interpret that way https://www.murthy.com/2020/06/22/newsflash-trump-signing-executive-order-restricting-work-visas-including-h1b-and-l/

But according to the text, the last two are with AND condition. So no idea if its 1 or 2&3 or 1&2&3.
https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/
(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.

Can my wife (she is on h4) drive across the border from toronto to niagara falls in the 23rd morning?

But per our understanding travelling today is not an issue but dont know if they need some letter from company on mentioning that your travel is essential. I heard that they are not asking anything as of now as per some forum members but few people like one of my neighbours neighbour is taking some letter from company (dont know if he was ever asked for letter) hence it might confuse some officers and make them ask us.
I am still trying to find out from my employer on this. Please get advise from your company/lawyer.

 

[harirajmohan]

So essential to other than US food supply chain (and US healthcare) is not considered essential? There are many critical services .
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My lawyer says "The Executive Order is fairly clear that individuals who hold a valid visa and have valid work-authorized status are not impacted by this." but i dont believe fully because he was the one who did not even request for extending my I94 last time during the H1 extension due to which i doubt his law skills. So please dont take his word for it.