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Too late for H1B application?

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What is the name of your state? FL

I just moved to FL for a new job that agreed to sponsor me for an H1B visa. But a friend of mine told me that it might be too late now to apply since I'm a first time H1B applicant and the cap has already been reached for this year. Is this true? :confused:

I'm on an F1 visa now and I'm supposed to start on Wednesday. My F1 status runs out in June, what can I do? I assumed I would be able to switch to H1B before he told me this.
 


evcalyptos

Senior Member
What is the name of your state? FL

I just moved to FL for a new job that agreed to sponsor me for an H1B visa. But a friend of mine told me that it might be too late now to apply since I'm a first time H1B applicant and the cap has already been reached for this year. Is this true? :confused:

I'm on an F1 visa now and I'm supposed to start on Wednesday. My F1 status runs out in June, what can I do? I assumed I would be able to switch to H1B before he told me this.
What happened to the marriage? Was that to a US citizen?

I think you are 'too late' for an H-1B. Applications can be submitted for the next fiscal year in April. The past few years have resulted in a type of lottery since the number of applications far outweighs the number of available visas. Visas granted from the April application can't start work until October 2008.

As a student, you are of course limited in the number of hours you can work.
 
What happened to the marriage? Was that to a US citizen?

I think you are 'too late' for an H-1B. Applications can be submitted for the next fiscal year in April. The past few years have resulted in a type of lottery since the number of applications far outweighs the number of available visas. Visas granted from the April application can't start work until October 2008.

As a student, you are of course limited in the number of hours you can work.
My job took me out of state so we're holding off on it for now (long distance).

Thanks for the info, I didn't realize petitions could start in April, I thought they started in October (but I'm guessing that's when the visas become available).

I'm on F1/ OPT right now until June.

Is there any other option to keep this job? Something I might not know about legally? It's really great and I already relocated from New York.
 
Last edited:

ImmigAttyLana

Senior Member
The petition can be FILED in April but the start date of employment cannot be earlier than October 1, 2008 so you cannot continue working until then if your OPT expires in June/July. In fact, you cannot even remain in the US beyond 60 days after the OPT expiration since that's the extent of the grace period, but you can leave and then reenter on the H-1B if it is approved, sometime in the latter part of September.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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