18 Tremont Street
Boston, Massachusetts 02108
Tel : (617) 742-4444
Fax : (617) 742-0805
Eml : Richard@Costariccio.com

H-1B Filing Season to Begin April 1, 2007 For October 1 Start Date

Immigration regulations permit the filing of an H-1B petition as early as six months before the intended start date of the employment. Therefore, it will be possible to file H-1B petitions seeking an October 1, 2007 start date for “new” petitions on April 1. Prompt filing is recommended to secure an H-1B visa numbers for the coming fiscal year beginning October 1.

This is particularly relevant in those situations where an individual is currently employed in F-1 Practical training status, J-1 status, or on the basis of any other form of employment authorization of limited duration and who wishes to secure H-1B status using next years numbers before the “cap” is reached again.

For the current year which began last October, the supply of the “regular” 65,000 H-1B visa numbers ran out in June, 2006 before the fiscal year even began. It is widely expected that the supply of numbers for the coming year next year will also be exhausted quickly.

There is an additional, separate allotment of 20,000 H-1B numbers available to applicants who posses at least a Masters Degree earned in the U.S. Last year, those numbers remained available until July, 2006. They are expected to be used up more quickly this year as well.

Once the new numbers are gone, it will no longer possible to obtain “new” H-1B status prior to October 1, 2008 unless one of the following exceptions apply.

Extensions of H-1B status for aliens currently employed by the petitioner
“New” employees who currently maintain H-1B status with another employer, OR who have previously been in H-1B status in the past six years and have not subsequently been absent from the U.S. for more than one year [note: if the prior H-1B employer was an exempt employer as described below, the new petition will require a number under the cap and will not be approvable when the numbers run out!].
Petitions on behalf of nationals of Chile and Singapore (based on certain treaty obligations)

In addition, the following organizations are exempt from the “cap” and may continue to obtain H-1B status for new employees:
institutions of higher education
a nonprofit organization related to or affiliated with an institution of higher education
a nonprofit research organization or governmental research organization

Note carefully: this does not exempt all nonprofit organizations; only those affiliated with an institution of higher education

Please feel free to contact us if you have any questions.

18 Tremont Street
Boston, Massachusetts 02108
Tel : (617) 742-4444
Fax : (617) 742-0805
Eml : Richard@Rcosta.com

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