Lost job on H1b- I-94 date Aug 2019

#1
Dear Mr. Rajiv Khurana ,
I am a doctor who was on H1B (cap exempt) - my I-94 was expiring on Aug 2019.
I lost my job on Sept 12th 2018, and am looking for a new job, using the discretionary 60 day rule.
Can I apply for an O1 visa during this 60 day period? One of the new offers (Hospital A) is from a H1B cap subject employer, and I was previously with cap exempt employer-hence applying for O1.
Can I apply for regular processing O1 within the 60 days period, and then apply for H1B cap exempt with Premium processing (Hospital B) after the 60 days, and once this H1B is approved, withdraw the O1 petition?
 

nelsona

Registered Users (C)
#2
Yes, you can apply for O1 within grace period, and your status become O1-pending (you cannot work of course), which can last as long as processing goes on -- assuming it is not considered a frivolous petition. If you apply for cap-exempt H1 during O1 processing, you will then be in H1-pending status.
As you say, make sure your cancel the O1 petition.
 
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