Monday, January 19, 2009

H-1B Filing Season for Fiscal Year 2010 Starts on April 1, 2009

Although current economic conditions may result in less H-1B applications for Fiscal Year 2010 than the 160,000+ received by USCIS for Fiscal Year 2009, it is almost certain that the number of applications will exceed the annual quota of 65,000 plus 20,000 for holders of U.S. advanced degrees. United States Citizenship and Immigration Services will begin accepting advance filings of H-1B cases for Fiscal Year 2010 on April 1, 2009. It is crucial to have properly prepared petitions arrive on that date in order to be considered.

If there is a demand in excess of the quota, USCIS will again utilize a computerized lottery system. Although timely filing does not guarantee a quota number, it does put the application in a solid position.


Now is the time to begin preparation of an H-1B petition. Thorough preparation and documentation, including degrees, transcripts and certified translations, should be done well in advance. The Department of Labor (DOL) has announced it will be closely scrutinizing Labor Condition Applications (LCAs) this year, so you cannot count on rapid processing of previous years. Again, advance planning and careful preparation are needed.


Please note, some H-1B employment is not subject to the annual cap. This includes amended petitions, extensions of stay, concurrent employment or change in employer for someone currently in H-1B status. Also exempt from the quota are potential employees who will work at institutions of higher learning or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. These applications can be filed at any time, although proper preparation is also essential, especially clarity in demonstrating exemption from the quota.

Our law firm is accepting cap-subject H1B cases for Fiscal Year 2010. H1B Filing is very crucial and filing should be done for Wednesday April 1st, 2009 as random lottery is most likely to continue this fiscal year as well. For immediate assistance and free phone consultation, please feel free to contact our office at 212-571-6002, ext. 108 or email us at h1b@seadie.com

4 comments:

  1. I hope H1B cap will not run out on first day this year. I am hoping to file on Master's cap once i graduate in May. I will email you regarding my questions

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  3. Market condition is not good. So USCIS may not even get enough h1b for few months. Mike you should be okay until you graduate.

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  4. Hi,

    I am looking to get myself sponsored for H1B. Could you get me more details on this.
    About me, I have around 6+ years of experience in ERP and holding a Masters degree in Computer Applications.

    A quick response would be appreciated.

    Thanks,

    Vijay K Sangwan
    vk.sangwan@yahoo.com

    ReplyDelete