ginger6104

If we want to start work in December 2009 , when do we have to apply for an H1 B visa. Is it before the start of the FY on 1 October ?

caleyjag

You have to apply IMMEDIATELY.

The window is still open, but it closes as soon as the 65000 visas are allocated.


Also, it's not you that has to apply, it's your employer, so you need to get the job sorted out first.

henryh

Technically you aren't supposed to petition more than 6 months before the job starts. In that case you should probably still apply now, but put down 8th November as the start date. (? - an immigration lawyer would know more about this).

The "window" will be open until the cap of 65000 visas is reached. This will probably happen sometime in the July-August timeframe, so you do have time, but you should still have your employer apply ASAP.

ginger6104

Thanks- so i guess that this means that unless i sort an offer of employment out soon. i wont be able to apply again until April 2010

henryh

Correct, unless it's a "cap-exempt" position, which basically means one in an academic capacity at a university.

Also, it's likely that in 2010 more applications will be made and the lottery system will be reintroduced.

ginger6104

Sorry just one more question- Can i offer to pay for the visa processing costs. I want to make this as easy on any potential employer as possible

caleyjag

That's between you and the employer. It's not unheard of. Although generally you need to be skilled enough that the employer wants you badly enough to sort it out for you.

I think you need to line up the job first, and then worry about the visa.

Do you have the job lined up already? Why is there a 2009 timeframe?

Also, what is your trade?

christmasoompa

No, they have to pay. I believe it costs around $5k - hence why you need pretty specialist skills for a US employer to consider wanting to hiring you over a US citizen.

christmasoompa

Sorry Caleyjag, we responded at the same time! I thought the employer had to pay by law?

caleyjag

I think so, but I have heard of people offering to re-imburse the employer for the cost, if you see what I mean.

christmasoompa

Ah, I see. I guess they have to give every incentive possible at the moment given the huge amounts of Americans out of work, as the slow uptake of H1B's this year will testify.

Can't believe it's still open this year when they normally all go by the end of the first day!! Just shows how bad the economy is over there.

henryh

The petition fees come to $1570 for small employers (<25 employees) and $2320 for larger employers. But they'll typically use an attorney, which means the actual cost to the employer can be quite a bit more. Premium processing is another $1000, getting your education accredited costs money...

I don't know how the labor certification works for H-1B. It's less involved than what's needed for a green card application but there's probably still money and effort involved.

ginger6104

I am a government policy adviser looking for children and youth policy jobs and my fiance works in advertising.

dbj1000

Uh-oh. I hope that part of your plans involve marrying your fiance before you start down your immigration path, if you're planning on moving over together.

I also hope that you're aware that the "trailing spouse" of an H1-B visa holder gets an H4 visa, which does not allow them to do any paid employment in the US.

ginger6104

Yes we are planning to marry before moving. I am aware of the H4 stuff , which is why we are BOTh trying to get H1b visas separately