I’m in USA on H1b along with my spouse on H4(No EAD and valid till Sept 25 2020, extension filed). Her H1b lottery got picked this year(2020), with given scenarios, will she be able to file for H1b petition? Does this rule have any impact?.
Anybody who is currently inside USA is not affected.
As clearly mentioned on the Trump executive order page, if you file H1B as consular processing, then you will not be able to travel and get a visa stamp.
If you have filed it as H1B change of status, then you are good.
Even if you get H1B approval as consular processing, you have the option of filing an h1B amendment with ‘change of status’ to avoid going out of the USA.
Can we still file Change of Status with Consular approval on H1 and I-94 expired?
If that’s an option could you please share details.
H1B Change of status cannot be filed normally if your i94 has expired. There are many factors that will define what all you can do.
Its not simple.