Legal Question in Immigration Law in New York

h1b visa

I am currently in USA (b1/b2 visa), and would like to find a job with a company which will sponsor me to obtain h1b visa. Is company allowed to employee me now even though I will get h1b visa in a year (next October)? Is there a chance to get h1b visa earlier if company needs me badly? I've read that 150 000 applicants where this year, and computer randomly selected 65 000 (what is the quote). If this is true, then you can't be sure of getting it even if you apply on the first of April?


Asked on 9/27/07, 2:23 pm

2 Answers from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: h1b visa

This is correct. There is no assurance that you would get in even if you apply on April 1 unless Congress increases the H-1b quota. Those lucky to get in would not be able to be employed until October 1 of that year. There may be employment-based visa alternatives for some, such as nationals of Canada and Australia, but generally there are few other options for those who qualify for H-1b status but cannot fit within the current quota. Consult a business immigration attorney to have your situation reviewed.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 9/27/07, 2:45 pm
Patrick Klauss Berd & Klauss, PLLC

Re: h1b visa

An employer is not permitted to employ you on H-1b until the start date as indicated on the I-797 approval notice. October 1, 2008 will be the next available start date.

If the employer is cap exempt, they may be able to petition you before the April 1, 2008 filing date.

Unfortunately, it is true that if the amount of applicants exceed the 65,000 quota, there will be no guarantee that you will obtained an approved H-1b visa even if you file timely.

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Answered on 9/27/07, 3:10 pm


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