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

Discussion in 'H Visa - Links to Important Info.' started by rajusaforum, Dec 20, 2017.

  1. rajusaforum

    rajusaforum Registered Users (C)

    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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