Timeline for sponsoring an H1B visa, and getting application approved

We are trying to hire an engineer as soon as possible. Many of our candidates require us to sponsor their H1B visas. When in the year can we apply for an H1B Visa, how much time will it take to get, and when is the earliest start date? Does the candidate being on an F1 visa impact this timeline. We heard anecdotally that H1B visas can be applied for after April 1 and are granted on October 1, so these candidates wouldn't be able to start working for us until October 1. Is that true?


Employment Questions

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Immigration Questions

in Alabama Posted 3 years, 3 months ago

5 Responses

Profile Picture of Lynne Feldman
Lynne Feldman

Managing Partner at Feldman Feldman & Associates

There is a quota of H-1B's each year and the government's fiscal year begins October 1. You may apply up to six months ahead (April 1) and can continue filing until the quota is used up (Last year the quota was exhausted toward the end of Novmber 2011.) If an individual has already been counted during the last six years (i.e. previous H-1B with another employer) then the quota doesn't matter and you can file any time. Most F-1's wil have at least one year of practical training and a work card so they can begin employment with you on their work card and then change to H-1B when 2013 H-1B numbers open up.

I would be happy to talk with you specifically about any individuals you are considering for employment. Just give me a call at the number below.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

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Peter Acker

Managing Member at The Immigration Law Offices of P. H. Acker & Associates, LLC

Although my colleague provides a wonderful explanation of the process, I would also recommend beginning the process in December or January at the latest, so that the Labor Condition Application is prepared in ample time prior to the April 1 opening date. Keep in mind that because new applications can be filed on April 1, everyone tries to file on April, so you want to have everything completed and ready to file on that date.

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Lynne Feldman

Managing Partner at Feldman Feldman & Associates

March is plenty of time to apply for April a as the LCA is generally issued within a week. If you submit too early you will be shorting yourself some of the maximum three year time permitted.

Lynne R. Feldman

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Peter Acker

Managing Member at The Immigration Law Offices of P. H. Acker & Associates, LLC

I agree, but if you want a Prevailing Wage Determination, those are currently taking around 60 days. If you feel fine without a PWD then I fully agree.

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Profile Picture of Lynne Feldman
Lynne Feldman

Managing Partner at Feldman Feldman & Associates

There is a quota of approximately 85,000 H-1B's every year (The government's fiscal year runs october 1 through September 30.) You are allowed to apply up to 6 months early -- so April 1 for an October 1 start date. This year they ran out on June 11 so no new H's until October 1, 2013 and the earliest you can apply is April 1, 2013. If the person has been on an H-1B with another employer anytime in the last 6 years they have been counted against the quota so you may apply for them any time.

If the new hire has an F-1 practical training work card that goes past April 1, 2013 then once you apply for the H in april they are entitled to "cap-gap work authroization so they can continue working until the H kicks in on October 1, 2013. You may want to explore other visa options for professional employment depending on the country of nationality of your applicant. Feel free to contact me as indicated below with further questions.


Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

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