Looking for job, have doubts regarding visa

[vipu]

Hi All ,

I am a H4 visa holder with 3 years of QA experience. Currently I am looking for job here in USA. A consulting company is marketing my resume, I want to know - if I happen to clear an interview with the client, then can my employer apply for my visa (premium processing) immediately or will my employer have to wait till April to get my visa.

Thanks everyone for your time, your reply is very much appreciated.

-vipu

[shervin143]

It depends on whether you previously had a H1B petition approved and how many months/years you have worked on that H1B CAP (H1B + L1 combined). If you never had an H1B before, then you cannot start working until next October in H1B status as the CAP for 2012 is already closed. IN such case, a new petition can be filed on or after April 1st 2012 and the employment start date cannot be before October 1st 2012.