Filing H1B Applications for Fiscal Year 2008 > Bashyam Spiro & Edgerton LLP

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Friday, February 16, 2007

Filing H1B Applications for Fiscal Year 2008
By admin @ 6:39 AM :: 9161 Views :: 32 Comments ::

:: News, H1B Visas

The fiscal year 2008 H1B cap begins October 1, 2007. The earliest an employer can file an H1B application for an October 1, 2007 start date is April 1, 2007. That date is fast approaching. Last year, the USCIS received a heavy volume of H1B applications between April 1st, 2006 and the end of May 2006. The regular cap of 65,000 visas were exhausted by the end of May 2006. The second cap of 20,000 visas for persons with advanced U.S. degrees lasted until mid-July 2006.

Due to pent up demand, we expect there to be a heavy volume of filings in April and May of this year as well. So if you are an employer, please plan accordingly and be prepared to have the appropriate employer and employee information/documentation to your immigration attorney as soon as possible so that a timely filing in April can be made. Once the cap has been reached, employers must wait until October 2008 to hire an employee in H1B status.

The H1B cap only applies to 'new employment' H1B applications or applications to change an employee's status to H1B. One example of the latter would be filing an application to change an employee's status from TN NAFTA to H1B. A person who has already been counted against the cap and applies for another H1B with another employer is not considered to be applying for new employment and is not subject to the H1B cap. The cap does not apply to H1B extensions either. Our office will be providing information on H1B usage once filings begin on April 1, 2007. Please stay tuned to www.bashyamspiro.com for further updates.

Comments

By Niranjan @ Wednesday, April 04, 2007 2:53 AM

I'm Niranjan working as a Software Engineer,from India.
I would like to know some info from you regarding my H1B filing.
I have approached one company in India to process the H1 filing for me this year.
They agreed and they have started the processing.
But my query is,

I have applied my H1B last year and my application is approved by USCIS in Aug 2006. I went to US embassy in Oct'06.
At that time consulate officer was not ready to give visa to me. Reason she said was I'm from Electronics background. Though I'm from Electronics back ground I had solid 3+ years of experience in .NET technologies by Oct 2006. Finally she asked me to withdraw my H1B application. So I have given one written statement to her saying that I have withdrawn the application.

Will this affect my H1B this year? What do I answer consulate officer if they ask the previous year story. What could be the best reason to convince consulate officer that I have genuine 4 years experience by Oct 2007. May be this could be my proposed visa interview month.
Will I have any problems with consulate officer or with USCIS,applying H1B in consecutive year again?

Please advice me on this.

By Bashyam & Spiro LLP @ Tuesday, April 10, 2007 4:20 AM

Niranjan,

It's hard to say whether you will or will not have a problem at the consulate office based on the facts presented in your post. If you have a professional job offer that requires a Bachelor's degree in a specific field, and if you meet that requirement, you should be issued an H1B visa. However, some of this is also at the discretion of the consulate officer. If you are questioned for this H1B visa application, just explain to the officer how you specifically qualify for this professional position. The company should also provide you with a comprehensive letter of support that explains the job, the job duties, the job requirements, and how your background fits for the position's requirements. The more detailed the letter is, the better the chances for success.

Murali Bashyam
Bashyam & Spiro LLP

By varma mandapati @ Thursday, June 07, 2007 1:46 AM

hi this is varma mandapati from south africa.
i just want to know about h1b details.
i have completed my MCA IN LAST YEAR.
and iam doing a contract job in sap-xi in south africa.

now how i can apply for h1b visa as
iam having a contract job its not fixed .in future if i got job in some other company have to leave the current company,
so how ican apply forh1b.
waiting for your response.
bye.
regards.
varma mandapati.

By Mahesh @ Sunday, June 10, 2007 7:44 AM

Hello sir,

I am an Master degree holder in electronics.I am working as a biomedical Engineer and i have national and international experience in the same field.I have 5+ yrs of experience.I want to apply for H1B visa for 2008.Pls tell me all the rules and regulation for the same.

I read in some of the websites if i apply for the H1B filing then i must have an employer for the same.If i don't have an sponsorer that what i must do the the same .

Pls guide me in this regard.

Regards,
Mahesh

By Chitra @ Thursday, July 19, 2007 9:16 AM

Hi,
I have a job offer from a well known company in Texas. They are willing to sponsor my visa, but then their HR found out that the H1 visas for the year 2008 are over. Is this true? I will be greatful for any information in this regard

By Suvarchala @ Monday, August 20, 2007 11:19 PM

Hi
I am working for a software company in India. Now i want to apply for H1B could you please let me know thw procedure to follow

By naveen @ Tuesday, October 09, 2007 1:54 AM

hi , this is naveen ,iam working as software engineer in of the MNC in india, i have completed MCA in the year of 2005
is there any chance to apply H1b for the year of 2008, how to apply that can u elabrate the process

By KRISHNA NOHAN @ Thursday, November 15, 2007 11:14 PM

respected sir,
i was applied for H1B for last year.But my application is not picked in randome system.this year also iam plannig to file for h1b.Actually my doubt is iwas completed my mba(marketing)in 2004.after that i was shifted my carear in to software side.now iam working as a test engineer.
can i have any chances to get the visa.

By Dorsey @ Wednesday, December 05, 2007 4:15 AM

Hi, I want to know if it is safe enough to apply for H1B through US COnsultants bearing a fees upto 3500$ called refundable.

By priti @ Thursday, January 03, 2008 1:28 PM

I'm a Software Engineer,from India. currently working in USA (Houston, Tx.) Right now i am on L2 visa and would like to get H1B.
I would like to know some info regarding my H1B filing. The software company i am working for does not sponser H1B for its employees. Whats the way for me to get a reliable consultant for the same.

By nishu @ Monday, January 07, 2008 4:28 AM

hi can u please tell me whats the status of h1b visa for FY 2008?

By Leana Grinchuk @ Monday, January 14, 2008 6:25 AM

Dear Sir,

I have found an employer who is willing to file my papers for the H1B visa. However, I'm one class away from finishing my MBA and I will be done with the class on April 19 of this year. I have heard that I can provide a letter from the university proving the fact that I have one class to complete and I'm enrolled in it; however, I'm not sure if that's right.
Will my employer still be able to file my papers for the H1B by April 1 if I complete my MBA on April the 19th?
Thanks!

By Nina @ Monday, January 14, 2008 6:26 AM

By Nina @ Monday, January 14, 2008 6:27 AM

By Nina @ Monday, January 14, 2008 6:31 AM

By Nina @ Monday, January 14, 2008 6:36 AM

My apologies about the frequeness of my comment. Sometimes technology is not exactly cooperative. Again sorry about that.

By RAHUL @ Monday, January 14, 2008 1:18 PM

My university requirements for MS in computer science is 30 credit.I have already completed 30 Credit.
But Problem is that I failed in comprehensive exam which is like thesis.and it may be conducted on may 1st week.
so is it possible to file H1-B for this year or not ??
please reply me as soon as possible...

By Swati @ Tuesday, January 15, 2008 5:22 AM

Hello Sir,

I m applying for H1b this year and now i got engaged and my fiance also appying for H1b this year. we both are applying in the same company

My question is that is it benifial to apply as single. or if we get married and then we appy for H1b so does it affect anything?

Waiting for your reply..
Thanks

By naren @ Tuesday, January 22, 2008 8:05 AM

hi sir,

i came to know about one of the consultancies who file H1 . I am working in india for 2 yrs as a software engineer. I am working on datastage.
when i spoke to the consultancy, they said thet it costs 3000$, and asked that i have to bare 50% of that ie.,1500$. then i asked what will happen if i am not picked in lottery. He said i have to pay for lawyer a 1000$ for filing. I want to know how much truth is there in this.

By Shyam @ Tuesday, February 12, 2008 11:57 PM

Hi,
Shyam Here.I am working as a Network Engineer in Network Operation Center, UBS and planning to apply for H1 B for 2009.Can somebody let me know when should I start applying for it.

Regards,
Shyam.

By Arjunkumar Paruchuri @ Saturday, March 15, 2008 4:39 AM

hi can u please tell me whats the status of h1b visa for FY 2008? When it is going to be finish?

By swomya @ Tuesday, March 25, 2008 1:58 PM

Hi.
I have one doubt..Previously I applied for h1b from UK...But I dint got any result..that is my case is pending till now.. My doubt is wheather I can apply for this time or not.. I spoke with some consultancies they said that you can apply this time but some or not..
Pleasee I am req some body guide me on this,,

By kavitha @ Tuesday, April 22, 2008 5:46 AM

Hi,
i've applied for H1-B for FY2008. when will they finish the random selection process and how can i know the current H1-B status for FY2008.

Thanks,
Kavitha.

By deepak @ Monday, May 19, 2008 8:39 PM

hi
i haven't applied for H1B 2008 april ,is it possible that i can apply later this year

By vamshi @ Wednesday, June 11, 2008 12:30 AM

Firstly thanks for providing the good site which is halping a lot to know many things.

My Case is selected in the Random pick and files on May 19th 2008 and also received the Receipt number.

based on that i verified and seems to be the status is pending. Generally how much time it takes to move approved status.

Please let us know anyone.

Eagerly waiting for the reply..

Thanks
Vamshi

By Neha D @ Wednesday, June 11, 2008 8:47 AM

I have not filed for H-1B visa in April 2008. But my opt expires in OCtober 2008. Is there any way I can apply for H1B visa (through a company of course) anytime between now and april 2009? either for this year.. or for next year? Thanks.

By sudhakar @ Saturday, August 23, 2008 1:53 PM

Hi ,
My name is sudhakar. Iam from India well, my question is, i applied for H1B visa through a consultancy at Atlanta(USA).my employer informed me that my VISA was not picked in the Lottery And he is charging $1310 from me for Attorney fee.how can i know whether he has applied or not.what is the proof for me to ask him. iam in a confusion whether he has applied or cheated me.

Please help me and let me know. please.....

Regards,
sudhakar.

By Murali Bashyam @ Tuesday, August 26, 2008 4:31 AM

Dear Vamshi,

Generally H1B cases are taking between 3-5 months. However, a few cases are getting processed quicker. I hope this helps.

Murali Bashyam

By Murali Bashyam @ Tuesday, August 26, 2008 4:33 AM

Dear Sudhakar,

Per Department of Labor regulations, the employer is supposed to pay for the attorney fees in H1B applications (in most situations) and cannot ask for reimbursement from the employee.

You should discuss this with the employer.

Murali Bashyam

By ark shah @ Tuesday, September 09, 2008 10:19 AM

hi,
this is ark. basically im BE(chemical) & MBA from Australia. im working in a chemical firm past 7 months in India only. i wanna apply for H1 B but no idea how to proceed for te same. pl guidde regarding the same

By Murali Bashyam @ Tuesday, September 09, 2008 10:41 AM

Dear Ark,

In order to apply for the H1B visa, you have to have a U.S. employer who is willing to sponsor you in a professional position. Furthermore, an H1B visa must be available (i.e. the quota has not run out.) As you may know, the H1B quota for this fiscal year is over. The earliest you can apply for an H1B is April 2009 and that would be for an October 1, 2009 start date. Certain employers are exempt from the H1B cap.

If the laws change, it could be that the H1B cap is raised. Keep checking this web site for updates.

Murali Bashyam

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