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STEM OPT Pending, Would Potential H1B-OPT Ban Affects Me?

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Hi Guys,

 

I’m a tech worker in SF, missed the H1B lottery this year so I filed for STEM OPT extension. Already received case number and i797c incoming. Then the WSJ news came with potential ban on H1B and OPT in the next EO had me freaking out....

Realistically what are the chances of the EO rejecting my application? Or do you guys think it’ll ban accepting new applications? Can I also use the 180 days extension on I-9 with timely filing rule and wait it out til after the election?

Finally if my employer starts EB green card ASAP would that be able to let me stay in the US? (my EAD expiration is mid july)

 

Thanks in advance for your response and good luck to everyone 

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It's impossible to know what will or won't be in the EO at this time.

Can it impact current applications? Yes.

Will it? Probably not IMO...the POTUS has much more authority to handle entry into the US than people already in the US. It would likely face legal challenges with at least a good chance of injunction if it were to try to do so.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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