H1-B Extension and EO : Overnight Vs 2-3 Delivery

[Zent 0]

 

Hello,

My H1-B extension is being mailed on May 22. There is also an Executive Order expected on May 22.

I have two questions:

1) If the H1-B extension is mailed through overnight FedEx on May 21 and reaches USCIS before 10:00 am on May 22, will the Executive Order apply to my application?

2) If the H1-B extension is postmarked on May 22 and mailed through the regular 2-3 days FedEx delivery and reaches USCIS on May 26 or 27, will the Executive Order apply to my application ?

Thank you

 

 

[geowrian 22,337]

Until the EO is released, it is impossible to answer those questions.

 

If history is any indicator of what to expect with the EO, visas would be impacted but likely not anything done within the US.

This EO - assuming it does materialize - could deviate from that and impact cases within the US.

I personally think there is less ground to stand on if they do so. The INA grants the POTUS power to deny admission to any class of alien, but much less power to make changes once they are admitted.

Edited May 17, 2020 by geowrian

[Zent 0]

Thank you geowrian for your detailed answer. 

[SusieQQQ 11,586]

Also far EOs have not been retroactive and usually take effect (I think) the following day, so anything date stamped before the announcement should be fine.

[Zent 0]

I have always been confused about postmarked vs received date when it comes to deadlines with USCIS. Not sure which one they go by.