H1B Cap Exempt after 221g (Case sent to USCIS for further review)


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Hi,

My wife entered USA on H4 visa and changed to H1b (through lottery) and started working from Oct'2013 to Sep'2016. 

She went for H1B Stamping at Chennai and received 221g (Employer-Employee additional documentation) and a particular client-vendor contract document couldn't be submitted since the client is federal. Eventually the case has been sent to USCIS for further review and we didn't hear back anything from USCIS yet.

Meanwhile, she went for H4 stamping and traveled to USA and started working on H4EAD.

Now, we are planning to do COS(Change of Status) from H4 to H1 using Cap-Exempt with the same employer where Visa got 221g. Is she eligible to use cap-exempt?

I would appreciate any of your valuable inputs.

Thanks

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Thank you so much for your kind responses. Yes indeed, being in H4EAD is having a lot of advantages.

The reason for us consider moving to H1-B is that the USCIS is planning to rescind the current H4EAD program by May/June 2018.

Do you see any potential possibilities that this H4EAD program will survive in this administration?

Thanks.

 

Edited by rajusaforum
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On 12/21/2017 at 9:55 AM, rajusaforum said:

Thank you so much for your kind responses. Yes indeed, being in H4EAD is having a lot of advantages.

The reason for us consider moving to H1-B is that the USCIS is planning to rescind the current H4EAD program by May/June 2018.

Do you see any potential possibilities that this H4EAD program will survive in this administration?

Thanks.

 

You can think about change of status when USCIS makes a final decision. You will have enough time to file COS.

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  • 4 months later...

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