jonesyboy1983

Hi Guys,

I have a quick question re the H1B Visa. I note from looking through the many many threads of the forum that in past years, the quota for H1B's have been filled up pretty quickly. I also understand that in the last couple of years, the quota has not been filled due to the recession, etc.

I know that for an October start, you (or your employer?) have to file the H1B application on the April.

What my question is, if the quota for last year has not been filled, if I managed to get a job and my employer files for me, would I still have to wait to apply in the August and not be able to begin work in the October.

Thanks in advance guys!

Ross

Awesome Welles

You cannot file before April 1st, for the corresponding financial year - so all approved petitions filed after April 1st cannot commence until October 1st of the same year.

Filing and gaining H1-B approval between April 1st and October 1st in any, one year means you can start working from Oct 1st.

Historically, H1-B is over-subscribed, meaning quotas got filled on or around the first filing day (April 1) - thus ruling-out any more applications until the following April.

That has not been the case for the last two years.

jonesyboy1983

I understand that I need to wait until April if I were to file for Oct 11.

However, what I wish clarified is say for talking sake I got offered a job in the US just now, and if the 2010 H1B quota had not been filled, could I apply for a H1B for "last year" and once received start working?

Thanks

Ross

Awesome Welles

Yes, I believe you could.

jonesyboy1983

That would be awesome, meaning I wouldn't have to wait til the April to apply, and start working earlier than October 2011.

Can anybody corroborate this?

Also what is the current timeframe for application to visa being granted.

Thanks

Ross

ian-mstm

Yes, I believe this is correct. Further if the company is cap-exempt, I believe you can start work anytime.


Not all that long - a few months, I believe. The big question is... do you actually have an H-1B sponsor willing to fork out several $thousand for a visa for you?

Ian

Ray

Last time I looked there was still 1000s of visa still available ...
very few employers want to pay out all that money ..when there are homegrown applicants by the 10000s

jonesyboy1983

Do you guys know where I could find out if the cap has been reached or not? Or do you guys know?

No I am just talking hypothetical here. I am a UK based lawyer and sitting the NY Bar Exam in Feb. I do realise it is going to be very difficult in the current climate but being dual qualified may (i hope) make me stand out from the crowd.

Ross

jonesyboy1983

wow that's good.

To be honest, i would likely be prepared to cover the costs of the visa myself (although I understand no entirely legal). However if I do get a position at a big firm, recession or not, if they were hiring, with the normal salary for an associate, the realtively small proportionate cost of the visa would not be a problem. If it was a smaller firm, then maybe me covering the cost would be a plus.

Ross

Ray

Latest H1B Visa Quota Update
Updated on September 24th, 2010

31,000 H1B visas are still available to live and work in the US

ian-mstm

You can't. The visa fees are mandatory for the employer - and you aren't allowed to reimburse them.

Ian

jonesyboy1983

Thanks Ray, well at least thats an option although one that may be extremely difficult to get!!

jonesyboy1983

Yes I understand that, however, from some things I had read on the net, employee's reimbursing the employer has been known.

Thanks for your input, this site is a great source of information.

Ross

meauxna

You make it very hard to avoid snarky 'lawyer ' comments.

jonesyboy1983

hahahaha...don't worry, I don't like lawyers and I am one!!!