H1B Employment Offer

For those in foreign countries the minimum educational requirement is a bachelor’s degree or the equivalent.

The Cap

The U.S. Congress has set caps from those seeking H1B visas. They are set at 65,000 for H1B applicants from foreign countries and at 20,000 for those in with a U.S Master’s Degree or higher. In the past in my work as an immigration lawyer, I’ve seen people race to get their applications in as these slots have filled up quickly, within days of the initial application date.

April 1 is the initial date when people may apply. Once the cap is reached, no more applications are accepted. The deadline is not a postmark deadline but related to when applications are received by the USCIS.

Figures as of May 25, 2010

This year, as it was last year, applications seem to be slowly coming in. As of May 25, 2010, there have been 19,600 H1B regular applications and 8,200 H1B advanced degree applications. There are about 45,000 and 12,000 spots still available.

Apply Sooner than Later

Although applications are lagging, it’s still better to apply sooner than later. As a Sacramento Immigration Attorney, I handle cases from across the country related to all aspects of immigration law, including the H1B process.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding H1B visa or immigration law.

Defining the Cap Gap

The cap gap is that period of time that covers from when someone in the U.S. who is under a F-1 visa, which is designated for students, is no longer a student to the time that they are given employment. There is a gap between that person being a student, after which they have attained their degree, and the period during which they begin working for a U.S. company. The potential employer petitions for the student to be given the new designation of H-1B and during that time and until the student can be under the H-1B visa, the F-1 status is extended.

Why it Occurs

The fiscal year for the U.S. government starts on October 1. That is also the designated date that those who are newly granted H-1B status may start work. The earliest that anyone may petition for a H-1B visa is April 1. Those students who expect to receive their degrees will usually do so in May. Even with the sixty-day grace period that means there is a gap of time between when a student’s F-1 status is in effect and their H-1B visa goes into effect. This period is covered by the extension of the F-1 to qualified applicants.

Filing for H-1B

Those who have been offered work by an employer should make sure that their potential employer files the proper H-1B paperwork in a timely manner. It is best to file paperwork as soon as possible. There are a limited number of H-1B visas available.

In my San Francisco Bay Area practice as an immigration attorney, I’ve found that it’s always better to file sooner than later for a H-1B visa. If you’re a student with F-1 status who has been offered employment pending or after the completion of your degree, then it’s incumbent that you ensure that your employer immediately engages in the process of petitioning for H-1B status.

Please contact the Ranchod Law Group with offices serving San Francisco, San Jose Bay Area, and Sacramento California, at info@ranchodlaw.com or at 415-986-6186 if you have any questions regarding F-1 extensions and H-1B visas or immigration.