My employer is about to file my H1B cap case. Does the executive order prevent them from filing the petition?
23 Jun 2020Answer
The executive order should not impact H1B cap or non-cap filings within the U.S. The USCIS should still be able to adjudicate all such petitions, as before the issuance of the Presidential Proclamation. If the petition is approved, however, and you are not in the United States as of June 24, 2020 (the effective date of this portion of the executive order), or are not otherwise exempt from the order, you cannot obtain the H1B visa from a U.S. consular post abroad to be able to travel and reenter the U.S. until at least January 1, 2021. The Proclamation allows the President to extend that date, if necessary. (23.Jun.2020, updated for clarification)
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