Initially, there were rumors stating Trump will sign Executive Order to Ban H1B, J1, L1, H4 entry to US. Eventually, on June 22, 2020, Trump officially signed the Executive Order(EO) that bans the entry of H1B, H4, L1, L2, J1 and others until end of 2020, with very few exceptions. Later it was extended until March 31, 2021. Finally, it expired on March 31st, 2021 without extension. Also, in early October, 2020, a court gave an order indicating that the travel ban is blocked for the plaintiffs, who were part of the Lawsuit.
In this article, we cover all the latest news updates related to the Trump Travel Ban for H1B, L1 and other visa holders. We have structured the article into sections for easy review.
H1B, L1 Travel Ban Expired on March 31, 2021 – Meaning ?
April 1st, 2021 : The H1B, L1, H4 and Other visas Travel ban expired on March 31st, 2021. Today US State Department Confirmed in a press release the expiration of the Presidential proclamation 10052. See below screenshot, link to official news. There was no official press announcement done by WhiteHouse on the same as did not want too much attention on this. Now that PP 10052 expired, it means below
- All H1B, H4, L1, L2 , and others visa categories that were part of PP 10052 can now get US Visa Stamping at any consulate and they can enter US. There are no restrictions for stamping or entry to US.
- Also, the H1B, H4, L1, L2 , and others visa categories now can go for in-person US Visa Stamping or attend US Visa Dropbox Stamping for renewals, there are no restrictions now.
- The expiration of the PP 10052 doe snot mean that all US consulates are open fully, it varies by country and many consulates are not fully open yet. You need to check with US Consulate in your country to assess the situation.
- Check Official News on Travel.State.Gov
- Also, you can see the tweet from US Consulate in Mumbai confirming the same.
The Presidential Proclamation 10052 expired on March 31, 2021.— US Consulate Mumbai (@USAndMumbai) April 1, 2021
March 31st, 2021 : As of 7:30 PM EST today, there is no official press release or confirmation that the H1B, L1, H4 and other visa holders travel ban would be extended beyond March 31st, 2021. It is set to expire tonight at midnight. We have many news outlets like Wall Street Journal, Bloomberg that confirmed that the Work visas ( H1B, L1, and others), including their dependents( H4, L2, others) Travel Ban is not planned to be extended beyond March 31st, 2021 and it is set to expire. Below is the text from original Proclamation P10052 that talks about expiration date.
The reason Biden Administration is not talking about the Travel Ban publicly regarding its expiration is that their focus is on infrastructure package and they do not want unnecessary attention to the Travel Ban expiration for H1B, L1 and others.
Once H1B Travel Ban expires, everyone planning to apply for H1B, L1, H4 or L2 visas can schedule visa interviews at US Consulates. There will not be any need for raising Emergency Appointment requests or submit proof that you are exempted from Travel Ban.
Below is the confirmation from the news outlets for your review. We will keep you all posted, if anything changes. News Sources : Wall Street Journal – H1B Travel Ban to expire , Bloomberg : Travel Ban Set to Expire for Nonimmigrant workers
Trump Extends Travel Ban for H1B, L1, Others until March 31, 2021
Feb 24th, 2021 : Biden signed a Proclamation on Feb 24th, 2021 revoking certain parts of the H1B Travel Ban Executive Order 10132 that are related to Immigrant Visa issuance and entry of the same. The signed proclamation does NOT lift the H1B, L1, and Others Travel Ban that is still in effect until March 31, 2021. Read all details at : Biden Lifts Immigrant Visa Travel Ban
January 1st, 2021 : Below is the summary of the update on the Extension of Travel Ban by Trump Administration.
- Many news outlets reported that travel ban was extended yesterday, but WhiteHouse Official Press release was NOT available yesterday due to some issues and it is published today on their website.
- As per the official WhiteHouse.gov press release, the H1B, L1 Travel Ban continues to be in effect until March 31st, 2021. It extends the previous Travel Ban related Proclamations / Executive Orders issued in April and June 2020.
- All the previous clauses remain in effect as per the travel ban annoucement and there are no changes. They are just modifying a section that is related to date as per the annoucement. See below screenshot on the exact caluse that extends the date.
- Also, the previous guidance from US Dept of State on the Court Order also remains in effect and there would exceptions for anyone that were part of the lawsuit. Read below section on the same.
- Also, the Proclamation has a clause that tells that DHS and Dept of Labor need to review within 15 days and recommend any changes as needed. We need to wait and see, what really comes out.
- Check Official WhiteHouse.gov press release on the same.
You can watch the below YouTube Video that covers the above udpate.
US Dept of State Guidance on Court Order Blocking Trump EO
October 14th, 2020 : After US Dept of State guidance, US Embassy in India gave additional guidance telling that they are aware of the Court Order, but they cannot accommodate all the request due to COVID-19 situation and they request anyone with urgent need to submit Emergency US Visa Appointment Request . They say they may not approve EA for everyone. This has nothing to do with court order, but their capacity with the COVID situation. See below update on their website.
October 9, 2020 : Today US Dept of State gave additional guidance clarifying their generic guidance that they issued on Oct 2nd. Under the new clarification from today, you are exempt from the Proclamation or EO of H1B, L1, other visas travel ban, only if you are the plaintiff ( parties who put up the lawsuit) in the court case that was lost by Dept of State on Trump Travel Ban for H1B, L1, Others.
The named plaintiffs are :
- The National Association of Manufacturers
- The US Chamber of Commerce
- The National Retail Federation
- Intrax, Inc.
If your company is a member of the above organizations, then you can apply for H1B, L1 or J1 visa stamping at Consulate and travel to US.
As per the guidance, your company need to get a letter from one of these organization confirming the membership. You would need to submit the letter for emergency appointment and also a copy of the same at the US visa interview to US Consulate officer. Also, if the dependents like H4 and L2 would also be able to leverage this, if the principal spouse’s company is a member of one of these plaintiff organization.
If your company is not a member, the attorney’s who won the lawsuit are advising the companies to join one of these organizations and it costs about $250. So, if you are stuck, worth asking your employer to check on this and become a member of these plaintiff organizations.
Below is the actual screenshot of the same. You can check the Official State Dept Guidance
October 2, 2020 : As many of you know recently Judge Blocked Trump’s H1B Entry Ban. The tricky part with the court order is that, it applied to only plaintiffs ( parties who put up the lawsuit) in the court case. We all were waiting for guidance from US Department of State.
Today, US Department of State gave guidance on the same indicating that they are not going to apply Trump Travel Ban Proclamation ( Executive Order) for scheduling Emergency Appointments at Consulates. They say that each of the consulates and embassies in the respective countries will give further guidance. We need to further wait for specific details on how they will handle.
One thing to note is that, US Dept of State Guidance does not explicitly tell in the news alert that they will only give H1B, L1 visa emergency appointments to only parties, who were part of the Lawsuit.
So, we can assume that it will be applicable to everyone and there is no Restriction for Visa Stamping or Travel ban anymore for all H1B, L1 and other visa holders. One of the reason they may have made it general for everyone is that the orgainzations that were part of the lawsuit have many thousands of companies as members and it will be hard for DHS/ State Dept verify and give only to such parties.
Below is the exact guidance from them. You can read official alert at : US Dept of State News
Update : US State Dept Clarifies – H4, L2 Visa Stampings
August 12th, 2020 : Today USCIS announced many more changes and exceptions for H1B, L1 and other Visa holders. They have given exceptions for employees already working in US on Extensions, and given criteria to qualify for other. We have created a detail article on this. Check out. New Exceptions to get US Visa, Entry H1B, L1 – Aug 2020
Jul 17th, 2020 : Today US State Department updated their previous press release and gave more clarifications. Below are the updates for H1B, L1, H4, L2 visas.
- There were confusions in the past that said, if H1B or L1 holder was in US and their H1B or L1 visa has expired, then H4 or L2 may or may not go for stamping. Also, another confusion was, if the H1B or L1 holder had visa and in home country, can their spouse may or may not visa stamping. Today’s update clarifies both.
- As per new clarification, if you are H4 or L2 spouse, you can go for Visa stamping in two situations.
- As long as your spouse is in US (even with expired US, but with valid status like valid I-797, I-94)
- If they have valid H1B Visa in their passport ( they do not have to be in US). See below screenshot. from press release.
- They also clarified saying that H1B holders and L1 holders, who work on public health related areas or research on the same, they can get stamping and travel to US. Also, if H1B holder work for Govt agency’s IT support/services, they can get exceptions for stamping too. See below screenshot.
- See below screenshot from State Depart website. Check Official Press Release – State.Gov
July 16th, 2020 : US State Department issued a clarification today on the H4, L2 and J2 visas and others. Below are the details
- Dept of State will continue to issue Visas for H4, L2 and J2 visa holders, if they are not part of the Executive Order / Proclamation or if the principal Applicant is in the US. Which means, if H1B or L1 visa holder in US and their spouse is outside of US, then they will be issued visas. This clarification comes just couple of days after the Lawsuit was filed Challenging H1B, H4 entry Ban
- Also exceptions for H, J visa holder who support US interests like COVID response, or traveling as per US Govt.
- Lastly, if the applicants are subject to aging out of their current immigrant visa before their passport expires or within 2 weeks after it expires.
You may watch below YouTube Video that covers the same
Update : Clarification on Non-immigrant Visa Clause
June 29th, 2020 : Today, WhiteHouse gave an amendment to their Proclamation that Trump Signed to ban entry of H1B, H4 and others, clarifying that it applies only to visa holders such as H1B, H4, H2B, L and certain J visas that are part of the proclamation. Below is what it used to look before and after.
There have been confusions with some saying it is banned for F2, K1 and other visa and mis-information. In light of all confusions, to make it clear, they issued an amendment clarifying the same. It does not change any of the entry ban list of Visa types or categories that were part of the original proclamation. Still all the restrictions on Travel entry and Stampings apply. Read US Entry Ban, Visa Stamping – Official Guidance by USCIS, Consulates, State Dept.
You may watch below video as well on the update
Why Trump Executive Order to ban Entry of H1B, L1, other visas ?
The executive order states that US unemployment is at one of the highest levels of 13.3% and with the slow economic recovery, allowing entry of foreign workers and their spouses will create additional competition to US citizens to find a job.
Trump EO – Entry Ban for H1B, H4, L1, L2, J1, others.
As we discussed in our Fact Check on Executive Order Power of President, most of the things in the Executive order apply to people currently outside of United States and without a valid Visa. The non-immigrant visa holders impacted are H1B, H4, H2B, L1, L2, J1 and also Immigrant Visa holders entering US. Let’s look each of these categories in detail.
EO Impact for H1B Visa Holders
The Executive Order (EO) will impact all H1B Visa holders outside of US and who do not have valid H1B Visa stamping in their passport ( Sample US Visa Stamp ). It does not matter, if you are New H1B seeker, who filed in H1B 2021 Season or an someone who already had H1B and worked in US. If you do not have valid visa on your passport as of today June 22, 2020, you will not able to enter US until Dec 31, 2020.
It will NOT impact any H1B holder within US. They can continue to file H1B Transfers, Extensions or Amendments. It does not impact anyone picked in H1B registration lottery this year and filing H1B petition with USCIS for FY 2021 season, it is just that they cannot enter US until this travel ban is lifted. If you leave US and do not have valid US visa, then you cannot re-enter. This even applies to anyone in US trying to extend I-94 by exiting the country.
EO Impact for H4 Visa Holders.
Updated July 16th, 2020 : Based on clarification from US state Department
As per the executive order text, it says “any alien accompanying or following to join such alien”. So, it says H4 and Dependents as blanket. Initially, there were confusions created as the State Dept Twitter account and consulates started telling they cannot stamp any H4 Visa holder. It was clarified on July 16th press release.
The signed executive order only applies to certain H4 Visa holders, who are outside of US and do not have a valid H4 Visa stamp in their passport and if their spouse is not in the US. As per the new guidance on July 16th, H4 Visa holder, who have their spouse in the US on H1B can apply for H4 visa stamping at consulate and get stamping done. They can return to US using the stamping.
Also, it will NOT impact any H4 holder currently in the US with their spouse. It does not impact them from applying H4 EAD and working in the US, if they are eligible. H4 holders are free to apply for extensions or Change of status as needed, including EADs( if eligible).
You can join Telegram Group – H1B, H4, L1, Travel Ban Help to discuss and help each other as community.
EO Impact for L1A, L1B, L2 Visa Holders
The Trump executive order signed today impacts all L1A, L1B and certain L2 dependents (spouse and children), who are outside of US and do not have a valid US visa stamp in their passport. If you do not have the valid L1 or L2 visa stamp in your passport, you cannot enter US until Dec 31st, 2020.
Update July 16, 2020 : US state department clarified on July 16th, 2020 saying that L2 visa holders without a stamp in passport and if primary L1 visa holder in US, then they can apply for L2 stamping. Previously, it was told by them on Twitter that all L2s cannot get stamping, but this was clarified in press release.
It will not have any impact on the L1A, L1B or L2 visa holders, who are already in the US. They are free to file Extensions or Change of status as needed. If you are on L2 and have EAD, you can continue to work and extend your EAD and L2 as well.
EO Impact for H2B and Dependent H4 Holders
The executive order applies to H2B visa holders and their Dependent spouses and children on H4 visa, who are outside of US and do NOT have valid visa stamp to enter US. This will last until Dec 31, 2020. It will not apply to anyone on H2B, H4 visa status and already in US. They are free to work, continue to extend as eligible or file COS as applicable.
EO Impact for J1, J2 Visa Holders
The executive order bans entry of J1 visa holders who outside of US and do not have valid J1 visa stamp as of today and planning to participate as an intern, trainee, teacher, camp counselor, Au Pair or Summer work travel program. It also includes their accompanying spouses and children of J1 visa holders. Also, it was clarified on July 16th by State Department that J2 visa holders are eligible to get stamping and fly to US, if their principal applicant on J1 is in US.
You may watch the below YouTube Video, it has the summary of entire article.
EO for new Immigrants / new GC holders
The Executive order extends the previous 60 days Executive order banning entry of Immigrant Visa (new GC) holders and it will be extended until end of the year, which is December 31st, 2020. All the exceptions for health care workers and others that are outlined in that previous order will continue to apply.
EO Ban Impact for F1 Visa, OPT, STEM OPT Holders
The executive order signed today does not have any impact on the F1 Student Visa holders. If you are an F1 student trying to enter US for Fall 2020, you are fine to enter US. If you are an OPT or STEM OPT holder in US, you can continue to work on OPT and STEM OPT, there is no impact. You can apply for OPT, CPT and STEM OPT as normal and this executive order does not have any impact on such visa holders. Also, if you are planning to apply for F1 visa to enter US for Fall 2020, you are free to apply as well, this does not impact you.
EO Ban Impact on TN, B1/B2, E3, O1, other Visas
The EO singed today does not have any impact on other visas like TN, B1/B2, E2, O1 or other visa types. You are free to apply for such visas or enter US on such visas. There are no restrictions as well to apply for petitions related to these visas with USCIS.
EO impact on Adjustment of Status, I-140, PERM
The executive order does not have any impact on the filing of any form or petition with USCIS like I-140 or Adjustment of Status using I-485. Also, you can go through PERM process as well, just that there will be more scrutiny with higher unemployment rate.
Those are the key parts of the executive order, see summary table below.
Summary of the Trump Executive order entry Ban in Table
Below table is updated as of October 14, 2020
|Visa Type||Location||US Visa Stamp, Status||Impact – Dec 31, 2020|
|H1B Visa||Outside US||No H1B Stamp||Cannot enter US|
Exception – part of Lawsuit tied to court order
|H1B Visa||Outside US||Has Valid H1B Stamp||No impact|
|H1B Visa||Inside US||Valid I-797, I-94||No impact|
|H4 Visa||Outside US |
( H1B spouse outside US)
|No H4 Stamp||Cannot enter US|
Exception – part of Lawsuit tied to court order
(Jul 16 update)
|Outside US |
(H1B holder in US)
|No H4 Stamp||Can get H4 Stamping, enter US|
|H4 Visa||Outside US||Has Valid H4 Stamp||No impact|
|H4 Visa||Inside US||Valid I-797, I-94||No impact|
|H4 EAD||Inside US||Valid EAD||No impact|
|L1, L2 Visa||Outside US||No L1, L2 Stamp||Cannot enter US|
Exception – part of Lawsuit tied to court order
|L1, L2 Visa||Outside US||Has Valid L1, L2 Stamp||No impact|
|L1, L2 Visa||Inside US||Valid I-797, I-94||No impact|
|L2 EAD||Inside US||Valid EAD||No impact|
|H2B Visa||Outside US||No H2B Stamp||Cannot enter US|
Exception – part of Lawsuit tied to court order
|H2B Visa||Outside US||Has Valid H2B Stamp||No impact|
|H2B Visa||Inside US||Valid approval, I-94||No impact|
|F1, F2 Visa||Anywhere||Does not matter||No impact|
|OPT, STEM OPT||Anywhere||Does not matter||No impact|
|J1 Visa||Outside US||No J1 Stamp||Cannot enter US|
Exception – part of Lawsuit tied to court order
|J1 Visa||Outside US||Valid J1 Stamp||No impact|
|J1 Visa||Inside US||Valid status documents||No impact|
|B1, B2||Anywhere||Does not matter||No impact|
|TN,O1, E3||Anywhere||Does not matter||No Impact|
|Filing USCIS Forms, DOL Process||Impact|
|I-140, I-485 (AOS)||No Impact|
|I-129 (H1B or L1 Transfers, COS, Extensions )||No Impact|
|I-765 (EAD Applications)||No impact|
|All other forms with USCIS, Biometrics, Interviews||No impact|
Exceptions for Travel Entry Ban for Non-immigrants
Below categories of Individuals are exempted from the Travel ban
- Green Card Holders ( Lawful Permanent Residents )
- Spouse or child of US citizens
- Any foreigner seeking to enter US for temporary labor or services for US food supply chain.
- Anyone whose entry is of national interest as determined by Consulate or State Dept.
- It does not apply to asylum seekers or refugees and others who fall under similar circumstances.
In addition to the above executive order, president Trump also announced the below for further action by USCIS, Dept of Labor. Some of these have been there on their agenda, now they will push hard for these changes due to the economy.
Merit Based US Immigration System – H1B Program Changes
Update from Jul 11, 2020 : Trump indicated in press releases that he plans to sing a Merit Based Immigration Bill / Executive Order
In the past Trump announced high level info on Point Based US Immigration System that is Merit driven, but it never went anywhere. Now, today they announced that they will plan to move to a Merit-Based Immigration System. It will prioritize highest skilled workers and protect American jobs with below changes to H1B system
- Reform H1B Visa program
- Prioritize H1B workers with Highest wage to make sure highest skilled applicants are admitted
- Fix the loopholes in the immigration and work visa programs to replace American workers
The changes to the program are not part of the Executive Order, it will be carried out by the respective agency such as USCIS and Department of Labor for the respective Changes. We need to wait and see, how it will impact. These are already part of Trump’s Unified Agenda from Fall 2019.
Latest News Updates on Trump Travel Ban for H1B, H4
- Jul 15th, 2020 : Trump announces his plans for merit based immigration bill / executive order twice. Check out all details at Trump Merit based Immigration Plans 2020
- Jul 14th, 2020 : A lawsuit was filed against Trump Administration challenging the abuse of power by Trump to ban H1B and H4 Visa holders. Check full details at : 174 Indian Nationals file Lawsuit for H1B Entry Ban
It was applicable for Dropbox in the beginning. Later in the year, they relaxed some rules and now allow H1B, H4 and other visa renewals and extended the dropbox to 24 months for eligibility.
We do know at this point. New Biden Administration will take office in late January, it may or may not extend. Based the election campaing, he said that he would end it.
There were couple of regulations that were done by Trump administration published as interim final rule. Later, they were taken to court and cancelled by Court.
It will be effective from 12:01 EST, June 24th, 2020. The previous executive order for immigrants visas will continue to be in effect as before.
Yes, there is nothing that is stopping you from applying for H4 EAD as per the Executive Order. We have H4 EAD lawsuit going on at the moment and we are waiting for court and OMB.
Yes, you can use your previous employer stamping to enter, as long as it is valid on the day of your entry. Check do I need new H1B stamp after transfer ?
It is a huge blow to many stuck in their home countries with pending stamping and many with dreams to work in US from Oct 2020.
What do you think of the Executive Order ? Share your thoughts in comments ?
Reference : Official WhiteHouse EO – Ban H1B, L, J, Entry and H1B Immigration Changes
I have a H1B visa stamped last year February and due to COVID I couldn’t travel for business meeting scheduled by my company. But Just when I was about to travel with a family friend with eye problem to help him out for 2 weeks and come back since am on 2 month vacation I tested positive so I have to isolate and treat myself. Can I travel after I recover alone without him to his place as planned. And what will be the requirements when I get to US border.this is my first travel. Thank you
Hi, I’m switching companies and had a question about re-entering the US if I leave now. My existing H1B visa expires on Mar 29 (indian citizen, with approved I 140). I have a new I797, and can book an appointment for visa stamping in late March. It’s likely I will return to the US only after Apr 1, 2021. Is it worth the risk to travel outside the country now to get my stamping?
hi, I travelled on H1B in india and got married in Feb 2021 . will I be able to get H4 Visa Stamp for my wife before 31st march 2021?
I have Scheduled a consular appointment for next week. There is no travel history. Applying H1b visa for the first time. My Employer is not part of the chamber of commerce or any plaintiff. What would be the possible output?
I had stamped H1B visa till 31Dec2020 which was stamped before 24June2020 so wasn’t eligible for previous H1B travel ban. Have travelled back to USA for filing H1B extension which has got approved in Nov 2020 . Now due to family emergency I have travelled back to India , is it possible for me to travel back to USA before March after getting visa stamped or do I fall under extended travel ban?
Were you in US on the day of proclamation and on H1B status ? if so, you are exempt.
I filed for my H1b Extention (with the same employer & same Job role) in June 2020 and it was approved in October 2020. My current H1B visa expired in August 2020. As I got married in early Jan 2021 I left the US in late November 2020 and now I want to return to the US with my wife.
Will I be able to enter the US or does the entry ban apply to me?
If it is all same, you can go for dropbox and then get it approved first. Then based on that your spouse can apply for visa stamping. Then you can return.
Thanks Kumar! I’m from Sri Lanka and I’m not sure if dropbox is eligible here for H1b.
I was able to get an H1B visa interview in December 2020 and got the visa approved. Will I be able to entry the US or does the entry ban apply to me?
If you have visa approved and have a job, then you are fine to travel to US. Just make sure you are exempt from proclamation. Check with your company attorney to be sure.
I have a regular appointment for new L1 in march 21.
As far as i know there is ban until March 31.
Anyone has got an idea if this appointment would be honored?
Maybe. It can change with Biden now taking office. Wait for couple weeks, you will have more clarity as Biden would announce the same.
Can someone answer if i can attend a consular appointment for H1B or if i fall under the proclamation?
Changed from employer A to B in 2019 (H1B stamping expired in 2018)
Changed from employer B to C in Jan 2020(H1B)
I was in the country on June 24 2020, but my H1b stamping from previous employer was expired. Am i exempted from the proclamation since i was in the country on the day of proclamation? or am i not because my H1B visa stamping was expired before the Proclamation?
I switched from H1B to H4 in July 2020 and do not have an H4 visa stamp. However, I got a consular interview appointment for Feb in Mumbai. Will I be able to re-enter the US while the travel ban is in effect?
I’ve been in the US the whole of 2020.
I am on L1A visa and currently residing in USA. I am thinking of travelling abroad. Would I have any issues re entering the USA because of this ban? Thank you
I got my COS application approved from F1 to H1b last year Oct 2020. Since then am working on H1b with the same employer through which it got approved. I am planning to travel to India for my marriage. I have my consulate appointment scheduled for Feb 2021 for H1b stamping, can I go for visa stamping in India or proclamation will have an impact on me.
I have a quick question. Would be great if someone could answer.
I changed job in Jan 2020, I was in US the whole of 2020. I was able to find consular appointment and booked it. Could some one advise, if travel ban would be applicable for me. As per proclamation , it doesn’t apply for anyone in US after June 24. But just wanted to confirm, because I changed job and have new H1 .
Thanks in advance!
I am not eligible for dropbox, exceeded 24 months
Could someone please review my situation.
When president ordered 10052 proclamation i am in US (even now i am in US) on H1B working for a
employer B (changed employer from A to B in 2019) and have valid I797 till July 2022 from employer B.
current H1B visa stamp on my passport is expired on October 2020 and this
is from employer A.
Technical i am eligible for Dropbox,but also i would like to know of i am
Exception from 10052 proclamation if i go for Dropbox ?
As you were in US on the day of proclamation and on H1B, you are exempt based on that. So, you can get dropbox.
Is the same exemption applies for in person interview ? Please, let me know
Yes, it is for US Visa stamping, the method does not matter.
My visa stamp expired on October 2020 from employer A.
now i changed the employer .
Technically i am eligible for dropbox.
but based on proclamation 10052, do i eligible for Stamping? as i changed employer and position
I changed employer in 2019 and i am in US when PP was initiated
This is slightly unclear as well. Write to consulate and get confirmation.
Thanks for answering my question in advance!
I was in the US on H1b visa on 6/24/20. I was terminated in December 2020 and changed of status to B2 (application is received but pending approval). New employer filed new h1b petition for me under CONSULAR PROCESSING. Can I get new h1b stamp outside of US now given the Trump executive order? (Cannot use the old visa stamp since it expired).
If I can, where would be the best place to go? Mexico?
Well, This is slightly grey area…the proclamation states that you need to be in same status. So, slightly unclear. Check with consulate.
I have changed my employer in October 2020, and I have a visa stamp in my passport from the previous employer (Not Expired). Can I travel out of USA and come back. Please suggest.
Yes, you can as long as it is valid and you have new company documents that are valid and have job.
Hello Kumar, I’m came to US on H4 Visa 5 years ago and also received H1B in December 2019. I haven’t travelled outside US post December 2019…. hence never got a chance to get H1B stamped at the same time my H4 EAD was up for renewal in 2019 and has been renewed till 2022 ( not stamped since I haven’t travelled outside of US). Questions: 1) If I travel to India in 2021, am I eligible to get H1B stamped for the first time? If yes by when approximately as I’ve heard there are no appointments till late 2021 for India 2) Can I get my visa stamped for the first time some place else like Mexico or Canada? 3) Alternatively, am I eligible to travel back in US on H4 since it’s renewed but not stamped? 4) Can I travel internationally anywhere with all this going on? My preference is to shift over to H1B visa eventually, please advice!
Some countries like Canada allow it, you need to check with the consualtes there. Getting appointments is hard, if you can get it and have all the documents, you should get h1B. As long as you have all the relevant documents, you are fine to move around. But, you need to aware of the issues with consulates not fully functional at the moment, if they give 221g, then you can be stuck.
Thanks to RedBus2US. Lot many articles, useful updates. I have a question:
I am H1B in the US now, If I want to visit India, stamping is must(not a drop box). I filled up the DS160, checked online, showing some VAC (only/not for OFC) appointments in the month of Nov’21 for Chennai and Hyderabad.
Does it mean all the dates until Nov’21 were full? Was it showing because of the present consulates closure due to the pandemic? I guess there is some 6months limit for advance visa slot booking. Can some one help me in understanding this? Thanks in advance.
No, they are not open for regular operations, they are just giving some random slots. This will change once they open for regular operations. Few users were able to book for recent as well and got stamping done. So, keep checking.
I have an L1B for 5 years and I-94 for 3 years and I live in the States with my family.
The validity date of I-129S is only one year and the date will be expired soon. But it is supposed to work for three more years. In this case, do I back to my country and start again L visa stamping process? Is there any way to stay in the States and change or extend the date?
You should check with your attoney and company on this. If you ahve valid petition, you maybe able to get I-94 extended at the border.
First of all appreciate all the help you provide here to answer questions from us.
I was in US during the President Proclamation, but changed the employer in Sep 2020. Got H1B transferred and approved till 2023. Currently I am in India coz I had to travel to attend a family emergency. Do you think I will be subjected to the travel ban, considering I am no longer with the same employer/same position. Please advise. Thanks
Technicaly, you should not be, if you were in US on that day. If you are eligible for dropbox, you can try that option.
Thanks for your reply. I am not eligible for Dropbox. Have to attend in person interview.
I came to India in March 2020 and need stamping to go back. I did an employer change in 2019 and working for the same employer now. I booked Dropbox appointment for this week as proclamation was ending dec 31st. But now proclamation is extended till March 31st, do I need to cancel/reschedule my Dropbox appointment? I think I am not exempted for the proclamation because I was not in US on June 22nd and I am employer change before that. Please suggest.
For Dropbox stamping, you may not need to be part of the exceptions as they do not have that condition.
Thanks for the response. I see few regular appointments are open for this month and consulates are saying(in twitter) one who eligible for proclamation exceptions, should book the interview slots. Not sure this applies same to the dropbox.