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sonalbachhav

J2 EAD to H1B (2 Year home residency rule Applicable)

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I have very unique case and I am hoping for answer from this forum.

  1. I am currently maintaining J-2 visa status in the United States and  subject to the 2-year foreign residence requirement pursuant to Section 212(e) of the Immigration and Nationality Act.
  2. Employer A filed an H-1B petition on my behalf last April, which was approved on October 3, 2019 for consular notification; but I continue to work with them based on current employment authorization document (EAD).   
  3. In late-December, a second employer filed an H-1B petition as a change of employer/change of status. A request for evidence (RFE) was issued last week in connection with that petition in which USCIS questions whether the position offered qualifies as a specialty occupation and requests evidence that I have complied with the foreign residence requirement or have obtained a waiver of that requirement.

The request is to obtain a second opinion concerning whether to respond to this RFE  without 2 Year Waiver and what impact Employer A's withdrawal of their H-1B petition may have on my future eligibility for H-1B status.

Can I apply for H1b Consular notification transfer with employer B as cap exempt based on existing I-797B Notice (Valid till 2022) after resigning employer A and obtaining waiver document ? 

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