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  • #16
    As far as I know you can ask to be not counted under the cap twice (cap exemption) if you have already been counted in the past 6 yrs viz., your H1 was accepted and/or you had a valid H1 status in the past 6 yrs. So I donot think you can ask for cap exemption after Sep 2017. However, for some reason you go to H1 status before that, change your status and want to reclaim your H1, your 6yr. clock resets.

    So, if you go the H1 route, you should get your EB2 process started asap, and you can always file another petition under EB1. Multiple GC petitions are allowed.
    Just an opinion; Not legal advice.

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    • #17
      Originally posted by scientist2016 View Post
      As far as I know you can ask to be not counted under the cap twice (cap exemption) if you have already been counted in the past 6 yrs viz., your H1 was accepted and/or you had a valid H1 status in the past 6 yrs. So I donot think you can ask for cap exemption after Sep 2017. However, for some reason you go to H1 status before that, change your status and want to reclaim your H1, your 6yr. clock resets.

      So, if you go the H1 route, you should get your EB2 process started asap, and you can always file another petition under EB1. Multiple GC petitions are allowed.
      That's correct. In order to reset 6 yr clock though, looks like I'll have to spend an year outside the US. So you point out, if I take the old H1 route, my best bet is to start atleast EB2 (and possibly EB1 in parallel) ASAP..this will allow me to extend H1.

      Ofcourse, the downside is that once I go H1, I'll forgo my entire OPT...and I cannot reuse old OPTs.

      How can I find out for sure about cap exemption? Can I call USCIS? If I can go back to my old H1 after Sept 2017 I'd like to use my OPT first.

      That's a lot of information Thank you very much for your patience.

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      • #18
        If I were you, I would apply for OPT. I would also look for an employer willing to start the GC process ASAP. I can always switch to H1 from OPT right? Also being in OPT does not hinder the GC process. Once I find an employer accepting these stipulations, you can switch to H1 (before Sep 2017), so that you can avail yourself of the extensions possible with H1. OPT would be a safety option, in case employer does not materialize.
        Just an opinion; Not legal advice.

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