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  • H1b visa cap exemption denial

    Hi,
    I am a medical professional on H1b visa completing 6 yrs on June 2019. I am in process of signing job from July 2019 with an employer whose attorney assures that they are cap exempt. However I am aware of recent denials for cap exempt status after June 2017 USCIS guidelines change for other employers who had much stronger case (IMHO) than the one I am considering. I would like to know if my H1b gets denied with this employer what options/how much time do I have to legally stay in US b)search and apply via another employer.
    1) My spouse is H1b but she does not have GC process initiated. Can I transfer to H4 and stay and search for another employer to apply for H1b for me? How long do I have to do that if I can
    2)I have NIW EB2 pending. Does that give me any additional options. O1 is not an option for me.
    3)considering my H1b rejection happens in January 2019. Is there enough time for another H1b application by a different employer before my H1b ends in June 2019, if I have a back up employer ready.
    4)Any other ways that anybody thinks are feasible
    Detailed answers appreciated. Thank you very much.

  • #2
    Could somebody please provide some advice.

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