QUESTION

What are my options if H1B denied?

Asked on May 05th, 2014 on Immigration - Illinois
More details to this question:
Hi everyone, I am an international French dentist who graduated from an accredited American dental school in May 2013 currently under OPT status expiring in July 2014. I have been offered a job by a dental organization who was willing to sponsor me with a H1B but the application has not been selected in the lottery and will not be considerated for this upcoming year October 2014. What are my options? Can i apply for a stem OPT extension ? Or for O1 visa? Or can I appeal for my H1b?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Unfortunately you share the fate of many H-1B applicants this year who were not selected as the acceptance rate appears to have been just over half. Dentistry does not appear to be on the STEM list for an extension of OPT. Unless you can meet the standards for extraordinary alien, you would not be considered for an O-1 visa. You cannot appeal non-selection of your case for an H-1B. Most individuals in your situation would either return to school, leave the country, apply for H-1B for a cap – exempt employer such as an institute of higher education, or change over to another category such as E-1 treaty trader or E-2 Treaty investor. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 17th, 2014 at 4:50 PM

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