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H1-B process

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Marriam

Junior Member
I am in Germantown, MD.

I have to leave US for one year. If my employment starts in September of 2005 can I apply for H1-B work permit right now in September of 2004. Both dates are within the same 2005 fiscal year.

When can I start applying if my employment starts in October of 2005? Oct, 2005 is in 2006 fiscal year for the government.

Can I change my status from visitor to H1-B if I visit US in September 2005, interview with companies and get a job?

Thank you very much for your help.
 


ImmigAttyLana

Senior Member
The H-1B can be filed no earlier than 6 months prior to the requested start date of employment. So if you plan to start in September 2005, it cannot be filed earlier than March 2005. Of course, by that time, the H-1B quota for the 2005 fiscal year will long be reached and unless you will be working for an organization that is exempt from the quota you will not be eligible for a h-1B until the 2006 fiscal year, which will start on October 1, 2005.

Please let me know if you have any additional questions or need further assistance with this matter.
 

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