H1B Visa - missed deadline

[prathyusha]

Hi,
My employer is ready to sponsor H1 B for me. But I've passed the October 1, 2011 deadline. Can I still apply? If I apply now (meaning November 2011) can I get a start date of April 1, 2012 or may be May 2012?

Could someone tell me the process and dates? My employer is not too aware of these things.

Thanks,
Prathyusha

[kabkaba]

There is no Oct 1 deadline.
H1 petition is filed as long as annual cap remains open. The cap is open right now and expected to remain open for at least the next 2 or 3 months. Check USCIS website for current cap numbers.

While the cap is open, employer can request start date of maximum 6 months in the future. This is only a maximum, they can also request immediate start date.

[prathyusha]

Thanks kabkaba!! That is a little relieving.

I have another question:

I am on F-1 OPT till Feb 2012. What if I apply for H-1B with a start date of March 2012 and in the meanwhile, can I also apply for the OPT extension (i am eligible), just to be on the safer side in case H-1 B get rejected?

[kabkaba]

You can do that.

[kabkaba]

If your employer files now, they will get a decision in 2 - 3 months and you will have plenty of time to file extension if necessary later.

[prathyusha]

My application has been filed on 22nd Nov and was accepted at the last minute. Now, I was told that the processing time has slid to 5-6 months. The problem is I have to travel to India in April and I am worried if I will get a decision by then. If I get approved, then will there be any problem in traveling abroad in that period?

[shervin143]

It is not advisable to travel when a petition is pending with USCIS. If it is more than 90 days past the receipt date, then your company attorney can take an infopass appointment with USCIS to discuss the status of your case. You can also upgrade the case to premium and get the result within 15 days.

My application has been filed on 22nd Nov and was accepted at the last minute. Now, I was told that the processing time has slid to 5-6 months. The problem is I have to travel to India in April and I am worried if I will get a decision by then. If I get approved, then will there be any problem in traveling abroad in that period?

[prathyusha]

Thanks Shervin. I think Premium processing sounds like the only option.
On a second though, can I apply for OPT STEM Extension (my current OPT expires in Feb) and then travel abroad, while I wait for my H-1B approval? Will it interfere with my H-1B application?