Approximate processing time required by employer to file H1B visa

[kshitiz]

My situation -

 

I am student pursuing PhD (already have a masters degree from US) and wish to quit and get a job. I understand i don't have a privilege of OPT (I applied for OPT after my masters, but never used it as i decided to go for PhD), hence, I need to stay on F-1 visa, while prospective employer files H-1 application on April 1 requesting October 1 as a start date. I need to stay on F-1 until October 1.   

 

(If anyone knows a better way out of this situation, please let me know. But to my knowledge, only way to go is stay in college till Oct 1 while someone files H1).

 

My Question -

 

How much time does it take for an employer to do all the processes leading up to that April 1 petition filing? For example, time taken for employer to obtain LCA, and any other processes that needs to be done (like advertising the job for certain duration, etc). I do not know the processes that employer has to go through, but hopefully a lawyer, who has done this on behalf of some companies, can give me approximate time required to do all the paperwork. Not just the paperwork required to collect my information, but all the paperwork that employer needs to do leading upto April 1. I presume all that take months.

 

Hypothetical Assumptions -

 

Let us assume that the employer is someone who has never hired an immigrant before (so he is doing it for the first time) and hasn't already advertised for job (as i understand that's one of the steps required), and only after meeting me they decided to create a job opening for me (a very likely scenario in the place i live filled with small business owners).

 

 

Reason for asking - 

 

I ask this to get an idea of time frame when i should be looking to get interviewed with a company. Only after interviewing me, will that company start all the processes. For example, i understand that getting an interview on March 15 will be futile because there is not enough time for employer to get LCA (and any other process that employer needs to go through to file H1B petition on April 1).

 

So basically, this question is about approximate time frame from an employer's point of view, how much time (and money, if someone wishes to answer that) it takes before employer can file H1B petition on April 1.

 

Thank you.

[Attorney_11]

With the exception of H1B dependent or willful violator employers who are filing H1B petitions for non-exempt employees (note this is a different non-exempt than the HR definition of non-exempt), H1B petitions do not require advertisements or similar labor market tests under current law. In most cases, preparing and processing H1B petitions should take less than "months." But every case is different and different issues and matters can extend preparation time. The LCA takes up to 7 business days to be certified after filing.