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What are the options for those not chosen in the H-1 B lottery?
What are the options for those not chosen in the H-1 B lottery?
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for those not selected in the h-1b
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lottery we’re always looking for other
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options for them you know oftentimes
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we’re dealing with clients who may be
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the CEO of their business they may have
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received venture funding and they’re at
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a critical stage where the life of a
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business depends on them staying in the
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US and being able to generate more
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funding generate more clients whatever
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it might be so the stakes can be pretty
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high and when you are not selected in
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the h-1b Lottery if that is your plan a
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then finding a plan B can be challenging
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and very stressful for clients but there
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are other options we just sometimes have
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to get a little bit creative and they’re
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not always going to be the ideal
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situation but they’ll allow at least a
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bridge to the next year’s h-1b lottery
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where they could try again and apply and
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see if they’re chosen in the subsequent
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year so some of those options are an
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h-1b cap exempt petition and that is a
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petition that involves a sponsor who is
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an institution of higher education or a
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nonprofit that’s affiliated with an
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institution of higher education or a
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government research organization now
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it’s not always easy to find one of
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these that’s willing to hire you that
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you have a relationship with so if that
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isn’t in the cards then we can look at
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things like oh one visas for
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extraordinary ability or we could look
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at a TN visa if the applicant happens to
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be from Canada or Mexico
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perhaps in L visa which is an intra
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company transferee so if your company
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has a foreign entity anywhere in the
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world you could go work for that entity
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abroad or you can simply work just
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abroad in any country remotely for that
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for that entity and after you’re out for
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a year in either
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managerial or a position of specialized
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knowledge then you can petition the
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government to come back as a transferee
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of that company to work in their US
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affiliate or subsidiary or parent
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company whatever the corporate
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relationship is so that’s not ideal
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often because people really want to stay
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in the US to keep working or get their
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business going whatever it might be but
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sometimes it’s it’s the only option
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another potential is what’s called an f1
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CPT or curricular practical training and
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that is where you might go back and get
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a masters degree at a program that will
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allow you to work immediately upon
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enrolling so you’re working in
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conjunction with your coursework in a
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field in the field in which you’re
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studying it allows people to both study
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and work at the same time and continue
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in their field and then hopefully make
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it to next year’s lottery where they can
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reapply again there’s also a j-1 visa
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which is more of a training program
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those are less ideal a little more
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difficult to set up but there are
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organizations that we can guide you to
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that help you with that process these
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options that we can provide for our
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clients are really really important not
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just for those that may be starting
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their own company or are in the process
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of getting funding for a company but for
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all immigrants who wish to continue to
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work in the United States and not have a
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period of time where they are forced to
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go back to their countries and sort of
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break the progression of their careers
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it doesn’t always work out but I think
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that the majority of time we’re able to
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find another solution to at least
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attempt and see if it goes in a positive
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direction as we speak the Immigration
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Service doesn’t offer an overwhelming
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amount of options for non immigrants who
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wish to work in the u.s. so within the
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framework that we have we really have to
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stay creative
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and not say no to any options we really
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have to keep an open mind and our we
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have to convince our clients to keep an
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open mind in order to really provide the
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best service for them
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Cambridge, MA immigration lawyer Michael Haven explains how he can help clients who were not chosen in the H-1 B lottery.
