Deadline for H1B petition in Fiscal Year 2015

[ribbon_62]

Hello!
I have been offered a full-time job position in the USA.
I have read a lot of useful information in the inmihelp portal concerning the H1B visa and I meet all the requirements (I am eligible for the H1B Regular Cap).

However, I have some questions about application deadline and fees.
Should I try to apply for a H1B visa at this time of the year (Fiscal Year 2015) or should I wait until the new Fiscal Year starting in April 2015 (Fiscal Year 2016)? Is there any chance I could get a visa in Fiscal Year 2015?
All the fees the employer is paying when doing the H1B petition are 100% refunded if you are not selected in the lottery?
Is it necessary to solicit an attorney for organising the paperwork or can be arranged by the employer itself without help?

Thank you very much.

[raghvi]

Hello!
I have been offered a full-time job position in the USA.
I have read a lot of useful information in the inmihelp portal concerning the H1B visa and I meet all the requirements (I am eligible for the H1B Regular Cap).

However, I have some questions about application deadline and fees.
Should I try to apply for a H1B visa at this time of the year (Fiscal Year 2015) or should I wait until the new Fiscal Year starting in April 2015 (Fiscal Year 2016)? Is there any chance I could get a visa in Fiscal Year 2015?
All the fees the employer is paying when doing the H1B petition are 100% refunded if you are not selected in the lottery?
Is it necessary to solicit an attorney for organising the paperwork or can be arranged by the employer itself without help?

Thank you very much.

US Fiscal Year starts from 01-Oct and ends on 30-Sept. So currently Fiscal Year 2014 is running currently it is also commonly written as "FY2014" or "FY14". So, FY14 began on 1 October 2013 and will end on 30 September 2014.

Now, H1 Window for a Fiscal Year opens on the 01-April. So H1 window for Fiscal Year 2015 (01-Oct-2014 till 30-Sep-2015) opened on 01-April-2014, as the demand of H1s is pretty hige, the window closed within 1 Week , hence H1 for Fiscal Year 2015 has already closed. The start date for those who got their approval would typically be the start of Fiscal Year 2015, that is 01-Oct-2014.

H1 window for Next Fiscal Year 2016(01-Oct-2015 till 30-Sep-2016) will open on 01-April-2015, and the start date of that H1 will be start date of next Fiscal Year 2016 (01-Oct-2015).

So to answer to your question, 2015 Fiscal's Cap subject H1 window is already closed. You would need to await the opening of window for Fiscal Year 2016 to file your H1. As the window will open on 01-April-2015, the paperwork must be completed much before that. So to complete the paperwork, hiring, LCA, etc before 01-April-2015, the process starts as early as 01-Dec-2014 barely a few Months from now.

The checks are not encashed if one does not get selected in the lottery.

Many large companies take legal help in order to get the paperwork right. That does not mean the legal paperwork would be perfect but chances of error are reduced.

This is my opinion not legal advice.

[ribbon_62]

Now, H1 Window for a Fiscal Year opens on the 01-April. So H1 window for Fiscal Year 2015 (01-Oct-2014 till 30-Sep-2015) opened on 01-April-2014, as the demand of H1s is pretty hige, the window closed within 1 Week , hence H1 for Fiscal Year 2015 has already closed. The start date for those who got their approval would typically be the start of Fiscal Year 2015, that is 01-Oct-2014.

.

Thank you raghvi very much for you accurate answer!!

However, I still have one question. Is not there any small chance to get a H1B visa at this time of the year? Which is your source to know the window is already closed for the Fiscal Year 2015?

This is a copy-paste of what I read in a website about the topic. Is this information accurate?

" What's The Last Date That H1B Visas Can Be Filed - is There a Cut-Off Date ?
There's often confusion about a 'cut-off date' or 'deadline' thinking that the H1B cap ends on October 1st each year and that no visas can be applied for and filed after October 1st. The fact is there is No fixed or set cut-off date for filing H1B visas. H1B visas can be applied for and filed towards the cap numbers until such date as All the visas have been issued.

For example: IF there are still H1B visas available in October or December, visas can still be filed for and issued (with immediate employment start dates). The relevence of the October 1st date is only that it is the first date that anyone who has been issued a cap-subject visa earlier in the year (from April-September), can start work for their new employer / sponsor company."

Thanks

[raghvi]

Thank you raghvi very much for you accurate answer!!

However, I still have one question. Is not there any small chance to get a H1B visa at this time of the year? Which is your source to know the window is already closed for the Fiscal Year 2015?

This is a copy-paste of what I read in a website about the topic. Is this information accurate?

" What's The Last Date That H1B Visas Can Be Filed - is There a Cut-Off Date ?
There's often confusion about a 'cut-off date' or 'deadline' thinking that the H1B cap ends on October 1st each year and that no visas can be applied for and filed after October 1st. The fact is there is No fixed or set cut-off date for filing H1B visas. H1B visas can be applied for and filed towards the cap numbers until such date as All the visas have been issued.

For example: IF there are still H1B visas available in October or December, visas can still be filed for and issued (with immediate employment start dates). The relevence of the October 1st date is only that it is the first date that anyone who has been issued a cap-subject visa earlier in the year (from April-September), can start work for their new employer / sponsor company."

Thanks

My source is the official USCIS website: http://www.uscis.gov/news/uscis-reac...015-h-1b-cap-0

What you read on that website is correct, it clearly mentions "until such date as All the visa have been issued" , but how do you determine that date? By following other websites and of course the official ones.

This is my opinion not legal advice.

[ribbon_62]

My source is the official USCIS website: http://www.uscis.gov/news/uscis-reac...015-h-1b-cap-0

What you read on that website is correct, it clearly mentions "until such date as All the visa have been issued" , but how do you determine that date? By following other websites and of course the official ones.

This is my opinion not legal advice.

Thank you very much raghvi. Your information has been very useful.
Best wishes

[ribbon_62]

I came across with another issue that would be interesting to discuss about.

I got a job offer from a US company and the employer would like me to start ASAP. However, I would have to wait for the H1B visa for at least, October 2015, (if everything turns up favourably).
There are training programs for recent graduates that apply to my circumstances. (these training programs allow up to 18 months traineeship in a company in the USA with a J1 visa, which is quite fast to obtain).
Would it be possible to start working as a trainee with a J1 visa (2 year rule doesn't apply) and then switch my status to H1B for the same company while I 'm in the USA?


The initial J1 visa would have to be sponsored by an official educational organization (i.e. CIEE ), and the H1B visa by the actual employer.
There would be any conflicts between the sponsors (CIEE and my employer) at the time of the switch?
I would consider this option if it allows me to start working earlier as the regular H1B.

Thank u very much.

[raghvi]

Hello!
I have been offered a full-time job position in the USA.
I have read a lot of useful information in the inmihelp portal concerning the H1B visa and I meet all the requirements (I am eligible for the H1B Regular Cap).

However, I have some questions about application deadline and fees.
Should I try to apply for a H1B visa at this time of the year (Fiscal Year 2015) or should I wait until the new Fiscal Year starting in April 2015 (Fiscal Year 2016)? Is there any chance I could get a visa in Fiscal Year 2015?
All the fees the employer is paying when doing the H1B petition are 100% refunded if you are not selected in the lottery?
Is it necessary to solicit an attorney for organising the paperwork or can be arranged by the employer itself without help?

Thank you very much.

I dont know much about J1 visa but if you can find a sponsor and the J1 doesnt have the 2 Year requirement it is possible.

This is my opinion not legal advice.