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H1B denied and need info on applying H1B cap exempt

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  • H1B denied and need info on applying H1B cap exempt

    Hi,
    My H1B Visa extension was denied on July 11 '2012. My husband is also on H1 and hence I filed for a H4 visa COS. Currently I'm on H4 receipt in US and the H4 is still in process with USCIS. I have worked only for an year out of the 6 years in the current H1B.

    1) Can my employer file an H1B on cap exempt?
    2) Does it matter if my employer apply for H1 cap exempt as I'm currently in US and H4 is still pending to be approved by USCIS?
    3) Should I wait for the new H1B to be approved to start working in the new H1B or Can I start working with the receipt?

    Any input to this will be highly appreciated.

    Regards,
    Trop

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