Filing H1B Applications for Fiscal Year 2008Posted by Murali Bashyam on Feb 16, 2007 in H1B Visas, News | 36 comments
The fiscal yearCurrently, the twelve-month period beginning October 1 and ending September 30. Historically, until 1831 and from 1843-49, the twelve-month period ending September 30 of the respective year; from 1832-42 and 1850-67, ending December 31 of the respective year; from 1868-1976, ending June 30 of the respective year. The transition quarter (TQ) for 1976 covers the three-month period, July-September 1976. 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latter would be filing an application to change an employee’s status from TN NAFTAPublic Law 103-182 (Act of 12/8/93), superseded the United States-Canada Free-Trade Agreement as of 1/1/94. It continues the special, reciprocal trading relationship between the United States and Canada (see United States-Canada Free-Trade Agreement), and establishes a similar relationship with Mexico. 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.