As most of you know, there is a limit of 65,000 new H-1Bs for each fiscal year. In addition there are 20,000 additional H-1Bs available for graduates of U.S. master's (or higher) degree programs. The U.S. Fiscal year runs from October 1st through September 30th.
The period for filing new H-1B petitions for this upcoming fiscal year will commence on April 1, 2006. As of that date, employers seeking new H-1B status for specialty occupation workers in Fiscal Year ("FY") 2007 may file for that benefit. Petitions filed on April 1, 2006 may request October 1, 2006 start dates.
Please note the following important points:
Everybody is under the impression that they must file their petition on April 1st, or within days of April 1st to have an H-1B. That is NOT accurate. For example, last year, the H-1B quota was reached in August. This is not to say that waiting is a good thing or that one should wait until August, because there may or may not be, H-1Bs available at that point. However, if one can file at some point during April, an H-1B should be secured. Again, we are not suggesting procrastination but there is also no need to panic. The point is that one need not file exactly on April 1st or within a couple of days of that date;
The H-1B quota only applies to those who are applying for a new H-1B. It does not apply to those applying for H-1B transfers or to certain individuals who have had the H-1B category in the last six years;
If you have a candidate, or you are a candidate, who is presently in the U.S. in another status, please note that filing in April for an October 1st H-1B does NOT preserve status. In other words, the H-1B candidate must have valid underlying status through October 1st in order to wait in the United States. Otherwise, the candidate should wait abroad for his/her H-1B;
If you are an F-1 student on optional practical training ("OPT"), or if you employ such a student, they need to process an H-1B at this time in order to remain with the employer past the expiration date of the OPT.
