Home > H-1B Posts, Uncategorized > H-1B Filings Begin April 1, 2010

H-1B Filings Begin April 1, 2010

H-1B filings for the Fiscal Year 2011 (October 1, 2010 – September 30, 2011) begin Thursday, April 1, 2010.  U.S. employers will be able to file H-1B petitions, sponsoring eligible foreign professionals to work in the U.S.  Even though the filings begin April 1, employment start date cannot begin before October 1, 2010.  Given the delay in obtaining a certified Labor Condition Application (LCA) from U.S. Department of Labor, it is critical to plan weeks in advance of filing an H-1B.  Otherwise, the long pre-filing and post-filing timeframes could lead to a delay in employment start date of the foreign national.  Currently, the Dept. of Labor is taking about 7 days to adjudicate an LCA.

So will the quota reach the cap in the first two days? in April? how about in six months?  While the predictions are all over the place, it is important to keep in mind that last year the quota did not reach the cap until December 21, 2009, as a result of severe economic downturn.  Ultimately, if an employer has a genuine need for the services of a foreign national, consider filing an H-1B for such individual at the earliest.  On the other hand, because USCIS is strictly scrutinizing H-1B petitions now that it is armed with the hugely unpopular Neufeld Memo, it is prudent to avoid filing speculative H-1Bs.  Employers should discuss with their immigration attorneys the issues involved in each case and if an employer will be able to justify an H-1B filing even in case of an RFE or a 221g refusal at a U.S. Consulate.      

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