How Soon Should We Begin the H-1B Petition Process To Avoid the H-1B Cap?
Q: When must I begin the process of preparing an H-1B petition for filing on April of a given year in order to avoid the H-1B cap and get an available H-1B for the next fiscal year?
A: We strongly recommend beginning the process of assembling an H-1B petition for April 1 filing no later than the end of February - and as early as the beginning of January if possible.
Under optimal conditions, an H-1B can be prepared and filed in as little as a week. However, life is rarely about optimal conditions. Issues may arise once the process has begun which take time to address.
The State Workforce Authority's prevailing wage determination may come back higher than expected, causing delay while the issue is argued with DOL, or the employer debates raising the wage, or both. There may be problems which must be addressed with posting of the Labor Condition Application, or the DOL may take issue with the electronically-submitted LCA. Documents may get lost in mail rooms, or people needed to sign documents may be out of the office unexpectedly.
Most issues can be spotted and addressed by a competent immigration lawyer before documents are filed, but often several people are involved in the resolution process - leading to the normal delays which happen whenever two or more busy people try to coordinate schedules.
Note that when we talk about beginning the process, we are referring to the legal process of filing for the H-1B with a qualified immigration attorney. The process of finding a job with a U.S. employer who will act as an H-1B sponsor should be started far earlier.
Contact us here to arrange a consultation, to inquire about retaining us to handle your immigration matter, or simply to suggest topics you would like to see covered on our site.
The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.