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Immigration Issues/H1B latest date to file

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Question
Hi Ajay,
 My opt will expire on Jan 11, 2011. I was wondering what
is the latest date h1-b( assuming the quota is filled by
then) can be filed for the current year so as to work past
my opt expiration.

Thanks!!

Answer
Hi,

Since nobody can predict when the visa cap will be reached, it is a good idea to file H1B petition soon. Last year (2009) it was reached on Dec. 21, 2009.

However, you can be fairly confident that the visa cap for this fiscal year (FY 2011) will not be reached within the next couple of months (at least). In any event, if the cap is not reached by then, the H1B petition should be filed prior to Jan. 11, 2011 requesting employment start date no later than Jan. 11, 2011.

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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