H1B APPLICATION TIMING/DURATION

[vsk417]

1. I am very much confused regarding fresh H1 application timings. I was thinking employer has to file petition in April and if it get's approved and visa stamped,employee can start working from October onwards.Is it correct?

2.I see some posts in this forum saying they are having visa interviews in January etc ?How come they are having visa interviews in different timings ?

(Is it not always between April to October ?)

3.Generally how much time does it take starting from filing a petition to employee gets starting at work ?

4.What is premium processing ? I am planning for a fresh H1 application.How is this going to help me in starting the job soon ?

5.Is the 65k cap on H1 LIMIT still being followed by uscis ?

pLEASE SUGGEST,

[SameerH1Bworker]

1. I am very much confused regarding fresh H1 application timings. I was thinking employer has to file petition in April and if it get's approved and visa stamped,employee can start working from October onwards.Is it correct?'

- You're correct for first time H1B Stamping

2.I see some posts in this forum saying they are having visa interviews in January etc ?How come they are having visa interviews in different timings ?

(Is it not always between April to October ?)

- Those people are either second time H1B Stamping OR first time stamping if they filed Change of Status while being in US on different visa. If you're first time H1B & out of country then you can go for stamping once your H1B petition approves, however, for first time H1B, one can not start job before 1st Oct.

3.Generally how much time does it take starting from filing a petition to employee gets starting at work ?

- There is not such fix/max time guideline from USCIS. However, generally it takes 4-6 months for the H1B Petition approval in normal process.

4.What is premium processing ? I am planning for a fresh H1 application.How is this going to help me in starting the job soon ?

- There is not benefit for first time H1B except you get approval/denial within 15 days. But you cann't start before 1st Oct.

5.Is the 65k cap on H1 LIMIT still being followed by uscis ?

- Yes it is still there & CAP will be there FOREVER. Numbers might change depending on congress's approval.

[wiweq]

http://en.wikipedia.org/wiki/H-1B_visa

[pontevecchio]

1. Correct.

2. The visa is an entry document and can be obtained anytime. The visa stamp in the Passport is not the same as a H1 petition.

3. See 1.

4. 1250 USD extra for an early decision. It will not start the job sooner.

5. The law is still being followed in the USA.