Immigration Issues/H1b Cap

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Question
Greetings,

I head the H1b cap opened a few days ago. However my company said they won't be able to officially apply before October. Why is that so? Can you explain? Also, what are the chances that the cap is reached in the next 2 months?

PS: The company that hired me want to process my H1b but they said they can't do so before October

Answer
Hi,

Your company can file an H1B petition now. However, the requested start date noted on the H1B approval notice cannot be earlier than Oct. 01, 2011.

In any event, the answer to your question is that the employer can file H1B petition at this time. Please discuss with your employer about filing the H1B petition now, but actual control of filing is with your employer, as you cannot self-petition.

The visa cap is unlikely to be reached in the next 2 months.

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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