subject: H1B Visa Tips to Prepare for the April 1, 2011 Filing for the H1B Visa [print this page] H1B Visa Tips to Prepare for the April 1, 2011 Filing for the H1B Visa
The H1B Visa filing window for the Fiscal Year 2012 is quickly approaching. USCIS will begin accepting new cap subject H1B visa applications beginning April 1, 2011. If you are thinking of filing an H1b visa application on April 1, 2011, now is the time to get started with the process. The following tips should be taken into consideration when preparing your filing.
Tip #1 - You must have an offer of employment: If you do not already have an offer of employment for a position that meets the H1b visa requirements, then you must find one before filing your application. An H1B Visa petition cannot be submited without the sponsorship of an employer who wants to employ you in an H1b visa caliber position.
Tip #2 - Your employment offer must meet the H1B Visa specialty occupation requirements: This means that the position you are seeking to fill must require at a minimum either a bachelor's degree in a specific field or the equivalent.
Tip #3 - You must have the correct background: This means you must have the right type of education (bachelor's degree and/or master's degree) or the equivalent through work experience or a combination of education and work experience. Likewise, if the position requires a certain type of license or credential, you must have this as well.
Tip #4 - Work with an experienced H1B Visa Lawyer: This is one of the most important tips! The H1B visa petition is highly complicated and nuanced. The slightest error or oversight could result in a rejection or denial. In addition, increased scrutiny by USCIS and site visits becoming common means that everyone involved in the process has to be much more diligent.
Tip #5 - Work Closely with your H1B visa immigration lawyer: It is important to note that your H1b visa immigration lawyer is your advocate and partner and that he/she has the same desired goal as you, which is the approval of your petition. As that's the case, it is important for you to provide your immigration lawyer with all requested information and details concerning all aspects of your application.
Tip #6 - Keep in mind that your start date cannot be any earlier than October 1, 2011: If you're applying for a cap-subject H1b visa on April 1, 2011, you cannot request a start date earlier than October 1, 2011. This can be an issue if you are in the U.S. and your status is going to expire before October 1, 2011.
Tip #7 - The cap-subject H1b visa fiiling window opens April 1, 2011: This means that you cannot apply any earlier than April 1, 2011 as it relates to the 85,000 H1b visa quota (65,000 regular cap and 20,000 master's cap).
Tip #8 - Take into consideration that there are a limited number of H1b cap-subject visas available: Every year there are only 65,000 regular cap and 20,000 master's cap H1b visas available. Last year the cap remained open from April 1, 2010, to January 26, 2011, and the year before, the cap was open from April 1, 2009, to December 21, 2009. In the years' prior to the last two, the quota remained open for a day or two with lotteries being conducted right away because of the large number applications received. Given the state of the economy and hiring, it is quite likely that the cap will remain open for some time, but it is anyone's guess as to how long. If there are any changes to the economy and/or hiring, expect a large surge in applications. The bottom line is that in order to ensure a successful filing, you should try and submit your application on or shortly after April 1, 2011.
The above list is not exclusive, nor is it in any particular order of importance. It is highly suggested that throughout the process that you work with a competent and experienced H1B visa immigration attorney.
