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Immigration Issues/reg this year's H1 filing



I am looking for an employer to file a fresh h1b in 2009 quota since the H1 Cap has not been reached this year.

Is it true that an employer has to file a petition by 30th September 2009 to avail this year's quota? Will the quota not be available after 1st October(ASSUMING QUOTA IS NOT FULL UNTIL NEXT YEAR)?


Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Aditya,

No, this is untrue.  If the quota is not filled as of 30 Sept. 2009, applications should still be accepted by the USCIS.  In years past when the quota had NEVER filled, applicants could file H-1Bs year-round.  Those were the good days, when the H-1B quota as 195,000 per year.
So hopefully you (and others) will be able to compete in this year's cap, even if after September 30, 2009.  By the way, the October 1, 2009 date is critical only in respects to when the new USCIS fiscal year opens.  It has nothing to do with whether H-1B applications can or cannot be accepted.

Kind regards,
Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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