I am currently in the U.S. on an OPT and my employer filed an H-1B petition. Does the new executive order affect my H-1B application?

Published: 06/26/2020

Source: https://bit.ly/2VlsszL

Let’s analyze the following scenario: You are currently in the U.S. on an OPT status or on a cap-gap extension and your employer filed an H-1B visa  change of status application. The H-1B  application is currently pending with USCIS and you may be wondering if the executive order that was signed on June 22, 2020 applies to your situation.

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The short answer is no. The new executive order only applies to H-1B visa applicants who are currently outside the U.S., do not have a valid non-immigrant visa that was is valid on June 24, 2020 and who need to apply for an H-1B visa to enter the U.S.

If you are currently in the U.S. on an OPT or cap-gap extension status and your H-1B visa application is approved before October 1, your status will change to an H-1B status on October 1, and you can keep working for the H-1B employer. However, once you leave the U.S., you would need to go and apply for an H-1B visa at the U.S. Consulate abroad. As of now, the U.S. Consulates are not processing non-immigrant visas so even though the new executive order does not apply to you, it may take a while for you to get the visa stamp. Additionally, travelers certain counties (Brazil , China, Iran , Schengen Area countries and the UK ) are still barred from entering the U.S., so you should also keep this in mind when deciding whether to leave the U.S.

Source: https://bit.ly/2VlsszL

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