Or can the person change their status to H-4 while remaining in the US? Does the person have to immediately leave the US once they are aware of that their intiail H-1B petition is denied or didn't get selected for the lottery? Or do they get some time to change their status to H4 or find a cap-exempt employer?
I really appreciate help on this matter.
You forgot to tell us this person's current status.
Clearly not H-1B .... F-1 perhaps?
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PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
The "person" can remain in the US, irrespective of the H-1B petition's fate (which does not "kick in" until Oct. 1st anyway) for so long as her/his non-immigrant visa status is still valid, unless timely filed for "extension" or "change of status" to another status.
As far as the H-1B is concerned, if the "cap subject" petition does not make it through the lottery or is ultimately denied, an "cap exempt" employer may always make a new, "cap-exempt" petition at anytime, irrespective of the fate of the previous "cap subject" one.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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