On OPT...New H1B denied...what are my options


rrahulreddy

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1 hour ago, rrahulreddy said:

Hi,

i am on opt FTE, company filed h1b which was picked in lottery but denied after rfe under speciality occupation. 

Do I need to change the role before applying for h1b in 2019. 

Your employer may try again next year. You can also find a cap exempt employer as well. Unfortunately that's what it is.  You may also be eligible for STEM OPT ext.

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On 1/9/2019 at 3:26 PM, xTDx said:

Your employer may try again next year. You can also find a cap exempt employer as well. Unfortunately that's what it is.  You may also be eligible for STEM OPT ext.

My employer filed for MTR on H1B denial. As MTR decision will take atleast take 6 months, instead I am planning to move to another employer for this year h1b, if so do i need to cancel the MTR from previous employer.

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On 1/14/2019 at 11:08 AM, rrahulreddy said:

My employer filed for MTR on H1B denial. As MTR decision will take atleast take 6 months, instead I am planning to move to another employer for this year h1b, if so do i need to cancel the MTR from previous employer.

No need to cancel MTR. Let it go through. 

By the way you cannot move to a new employer based on your "lottery picked up" H1b application. You need to be on H1b status for you to switch employers. You can do it once current under RFE application gets approved and you start working with your employer under H1b status.

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