H1B能用degree of PhD candidate来抽签吗

博士在读，准备五月答辩和入职，现在在准备H1B。由于学校policy比较特殊，没有MS degree（之前在国内有个硕士）。在过了candidate考试之后，拿到了一个 degree of PhD candidate。请问这个degree能用来代替MS degree抽签吗？

问过律师，感觉他们也不太清楚：

We have two options:

1.       We can submit the Ph.D. and enter you into the Master’s Cap, however there is a risk that USCIS would not consider this a graduate degree that qualifies for the Master’s CAP because the defense was not completed. If this were to occur, you would then not be placed into the Regular Cap, you would essentially lose your opportunity for the second chance at entering the CAP.

2.       We can submit your application into the Regular Cap and qualify you with your foreign Master’s Degree.

我觉得律师说的是对的吧？还是说非美国master也可以走cap？