Ina 221g - Hasan Abdullah

Ina 221g – Hasan Abdullah

Now that the USCIS H1B 2016 selection is done, if you applied under the H1b Cap and did not get either  a receipt or your checks have not been cashed, you have to come to terms that your case did not make it through the H1B lottery.  This means that you need to find other options to remain or come to the United States.  We have tried to analyze some of these options.

1. If you are on H4 visa and your spouse has an approved form I-140 or on an AC 21 beyond six years extension, you can apply for an H4 work permit;

2. If you are a native of Canada or a Canadian citizen, you can look into a TN visa.  This visa is granted under NAFTA and is unlimited;

3. If you are from Chili or Singapore, you might be eligible for a different H1B quota,

4. If you are offered a position with an institute or a non profit H1B which falls under the cap exempt category, you should apply for it.  The entities which qualify are:

A not for profit institution of higher education
A not for profit entity related or affiliated to an institution of higher education
A not for profit research organization or a governmental research organization
Certain for-profit firms.

You need to research if the entity qualifies for such H1B visas.

5. If you are an Australian citizen, you can look into an E3 visa.

6. If you or your spouse is born outside India or China and qualify under Eb2 category, you can look at a straight green card process through labor certification, or national interest waiver.

7. If you are of  Extraordinary Ability, see if you qualify under EB1A, alternatively if you are being offered a position as researcher or scientist and are of outstanding ability, see if you qualify under EB1B. If you have been transferred as an executive or under managerial capacity, look into an EB1c. (see for different visa types)

8. If you have been victim or certain crimes, look into a U Visa.

9. If you are from a country which have a treaty with the United States, you should look into the E1, and E2 visa.

There are many other options that might be available to you but until you look into them or assess them carefully, you will not be able to know what are your real options instead of the H1B visa.  We recommend you talk to an experience lawyer to help. Feel free to call us at (510) 742 5887, should you have any questions.




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Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal analyst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques. His law group, Shah Peerally Law Group, has represented clients all over the United States constantly dealing with the United States Citizenship and Immigration Services (USCIS), Immigration and Custom Enforcement(ICE) and CBP (Customs Border Patrol (CBP) under the Department of Homeland Security (DHS). This department was formerly known as the Immigration and Nationality Services (INS).