Legal Question in Immigration Law in California

visa approval

I need to know if I am in India now but between september of 2009 and March of 2010 can I or my company apply for a H 1 visa. I know the lottery has not been used up yet. If yes how soon can I fly to usa? If no and I have to wait untill April of 2010 then how soon can I fly to usa after April of 2010 if I get approved in April of 2010


Asked on 7/14/09, 10:24 pm

3 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Re: visa approval

The H-1B quota for FY2010 is still open, but it's likely will be used in a month or two.

If your employer is cap-subject, and they are not ready ot petition for you in the near future, while a quota for the next year is still open, they will have to file a petition on or after April 1, 2010. Your employment stard date would be October 1, 2010 or later.

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Answered on 7/14/09, 10:43 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: visa approval

please contact us as we have a Indian Office and can coordinate your siutuation

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Answered on 7/16/09, 5:16 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: visa approval

Dear Inquirer:

If your H-1B is subject to the FY 2010 "cap," then the visa will not be valid until October 2009. You may be admitted to the US up to ten days prior to the date on which you are expected to commence employment.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 7/15/09, 6:18 pm


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