October H1B visa - apply now?

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Old May 2nd 2004, 2:56 pm
  #1  
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housey is an unknown quantity at this point
Default October H1B visa - apply now?

I've been given conflicting advice about this....

My husband has been offered a job with an employer willing to wait until October due to visa cap.
Can we apply for the H1B now?
Can we be in the US before October? We live here at the moment, out of status -60 days - so know we have to sort this out from UK.

Any help greatly appreciated!
Thank you
Gill
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Old May 5th 2004, 5:51 am
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Ingo Pakleppa - see web site for email
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Default Re: October H1B visa - apply now?

On Sun, 02 May 2004 14:56:49 +0000, housey wrote:


    > I've been given conflicting advice about this....
    >
    > My husband has been
    > offered a job with an employer willing to wait until October due to visa
    > cap.
    > Can we apply for the H1B now?

Yes. The employer can and should, as the new quota will likely be
exhausted very quickly. First-come, first-served. The earliest you can
apply is six months in advance, which would be April 1.

USCIS will likely not approve the application until September, maybe even
October.

    > Can we be in the US before October?

Not on H-1B. Of course, if you have some other valid status, then you
could be.

    > We live here at the moment, out of status -60 days - so know we have to
    > sort this out from UK.

One more reason to leave the USA. Don't plan on returning before October,
unfortunately. In fact, I wouldn't be surprised if it took another month
or more to get the visa, so plan on a contingency that it might be
Christmas (with a lot of bad luck, it can be even much beyond that, but
for a UK citizen, that would be rare).


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