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  • H-1B Cap Exemptions

    Hi there,

    I need your help.

    I come to the US from Barbados on an F-1 visa and will graduate with my MBA in December. I would like to stay in the country legally beyond that time but I have run out of options. I have tried to follow the process the correct way and it did not work for me.
    1. I obtained a previous Masters of Accountancy so I used up my OPT after that.
    2. I applied for H-1B with a previous employer and was not selected by a lottery.
    3. Was told by immigration attorney to extend my F-1 hence now I am completing the MBA in December.
    4. My current employer waited too long to apply for the H-1B so that will not work. Could you tell me if an employee has to be currently working at the company in the US in order for the company to go through with either the H1-B or the permanent residency process?
    5. I do not have extraordinary abilities as defined by the USCIS do that visa I out the question.
    6. Extending myself financially to do the 4th degree is not favorable to me.
    7. I need the names of institutions who are eligible for the H-1B cap exemption so that I can start looking for a job at those institutions.
    8. Does the cap exemption mean that any position in the eligible institution is exempted or only certain positions?

    Please help me with this. I am desperately trying to stay in the country but I want to do it the right way.

    Thanks

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