H1B visa processing timeline

[malarun]

Hi,

My employer has decided to file for my H1B visa.
Can he file for my H1B immediately or should he wait for the LCA to get approved.
He will be starting the process only on Monday.
Can he file it with out LCA first?
Will I be able to make it with the current quota.

Thanks
Malar

[shervin143]

H1B petition cannot be filed without an approved LCA. The employer should file the LCA first and then file the H1B petition with the copy of the approved LCA. LCA will take about 10 days.

[malarun]

Hi Shervin,
Thanks for your reply.
My doubt is if the employer files for LCA on Monday that is on 21st, when can I get the LCA approved is there a fast track for it and will I be able to get through this H1B quota is there a slight chance for it.

Thanks
Malar

[kabkaba]

It takes 7 to 10 days for LCA certification. There is no way to expedite it.
After that, the H1 petition can be filed immediately. No one can predict how soon the cap will be met, but there are not a whole lot of numbers remaining as of last count.

[malarun]

Hi,

I am at present working in L2 EAD, and my employer said he will file for my H1 but he says he will apply for change of status to H1b which will not come under the quota.
can you please clarify if this is possible.

Thanks
Malar

[shervin143]

Did you previously had an H1B approval notice in which you haven't used all 6 years (H1B + L1 combined)? If yes, then the employer can use that CAP to file a COS from L2 to H1B. If not, then the employer need to go through the CAP before it runs out.

Hi,

I am at present working in L2 EAD, and my employer said he will file for my H1 but he says he will apply for change of status to H1b which will not come under the quota.
can you please clarify if this is possible.

Thanks
Malar

[malarun]

Thanks for the information.

This is the first time I am applying for the H1B.

Thanks
Malar

[shervin143]

Then you need to apply before the 2012's CAP runs out or wait until next April to file under the 2013 quota and start working in H1B status from Oct 1st 2012.

Thanks for the information.

This is the first time I am applying for the H1B.

Thanks
Malar