Immigration Issues/H1B for 2010

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Question
Hi,

I am planning to travel in H4 visa next month. After coming there, can I find an employer and apply for H1B visa this year itself? Is the cap still open for 2010, or should I apply only next year. Please let me know.

Thanks a lot in advance.

Answer
Hi,

The cap is open, and thus you can apply for change of status from H4 to H1B if you find an employer willing to sign the H1B petition. Last year (2009) the visa cap was reached on Dec. 21, 2009. Perhaps this year as well it will remain open from April 01, 2010 for at least a few months. The H1B petition will be within the visa cap if it is filed before the cap is reached; it is not required to be approved  before the cap is reached.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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