Timing for LCA for H-1b

[JennyJay 1]

Hi there,

My future employer and I are currently working on the requirements for filing for H-1b (specialty occupation). We read that you cannot apply for LCA more than 6 months before employment is due to start, however they will be paying for premium processing, meaning if I am granted the visa I would plan to start as soon as it is valid, ie. in October. BUT since the H-1b cap is met within a few days of opening at the start of April, it looks like we couldn't obtain LCA before this as it would be 6 months until October and it takes a while to obtain LCA. In case that doesn't make sense, if we waited until 6 months before the intended start date for my employment to apply for LCA the H-1b numerical cap would have been met already.

Can anyone explain when/how to apply for LCA AND file for H-1b at the start of April? Any help would be much appreciated.

Thanks!

[Boiler 45,322]

Well the thing that worries me is no mention of a Lawyer.

[lost_at_sea 995]

Mm.. I'm with Boiler. Ordinarily, a company has in place a HR team and/or a lawyer specifically to deal with getting work visas for their potential employees. Do you have a liaison with the company you'll be working for? They should be taking care of all this for you - the potential employee generally doesn't have to worry about such things as when the petition should be submitted.

Perhaps they are a very small company doing this for the first time?

Edited December 29, 2013 by lost_at_sea

[Nich-Nick 3,354]

. BUT since the H-1b cap is met within a few days of opening at the start of April, it looks like we couldn't obtain LCA before this as it would be 6 months until October and it takes a while to obtain LCA. In case that doesn't make sense, if we waited until 6 months before the intended start date for my employment to apply for LCA the H-1b numerical cap would have been met already.

Can anyone explain when/how to apply for LCA AND file for H-1b at the start of April? Any help would be much appreciated.

Thanks!

I am not sure where you are lost but I believe next visa issue begins with the new fiscal year (2015) in October 2014. Your application window of 6 months early opens April 1. That means don't apply March 28. Time the application to arrive April 1 or 2. I only know this because my daughter, who works for a major accounting and consulting firm, is very busy early March getting new H1b people hired and their paperwork in order. This is to get everything needed to the immigration law firm so they can prepare the application to be received on April 1. Her company always pays the expedite fee.

The window for applying is similar to the 90 day window allowed when applying for citizenship. You can apply no sooner than 90 days before the citizenship eligibility date. If the application arrives 95 days before eligibility, the USCIS sends it back. Of course there is no chance of not getting the benefit if it doesn't arrive the first day, so timing it later doesn't matter, unlike the H1b visa which has a numerical cap.

[JennyJay 1]

Hi all,

Thanks for the advice - yes, the company is pretty small (about 30 staff) and doing this for the first time (this is Northern Minnesota!). They will be involving their lawyers but I'm just being a control freak and want to get everything clear in my head - and theirs - at this stage and hopefully prevent any surprises along the way. They're putting considerable time and money into recruiting me as they have been unable to find anyone locally to fill the position, so I want to do as much as I can to help the process along.

Thanks again.