Tag Archives: h1b 2010

H1B Visa News March 2010

So we are now just over 3 weeks away till the FY2011 H1B visa season begins again in earnest on April 1, 2010 when the USCIS is open to receive applications. Since January we covered extensively on the upcoming H1B visa season as well a recent look back on the FY2010 H1B visa season which only recently concluded in December, 2009 to help everyone gain perspective on what is to come this year.

So to recap so far this year we have given all foreigners information on;

H1B Application Filing Tips
H1B Visa Quota Predictions
H1B Visa Costs and Fees
H1B Frequently Asked Questions and Common Misconceptions & Myths
H1B Visa Statistics
F1 Visa OPT Applicants hoping to transfer to an H1B visa
H1B visa extension procedures with a pending Green Card PERM application
H1B Important Supporting Documents for your Petition
Review of an H1B Visa Support Site

Also in the past we have a couple of other posts that may be of reference for the upcoming season;

Do you need a lawyer for your H1B visa process
Top H1B visa employers from last year
Green Card & H1B Visa Relationship
H1B visa Deportation cases

We hope all the above information helps make the process as easy and successful as possible for you this visa season and you are starting work in the US without issue with your new employer on October 1, 2010.

There will be a lot of media stories regarding US Immigration leading up to the opening on April 1, 2010 as well as throughout the month and probably into May as well. This is due to Immigration reform slowly becoming a major topic in US political circles. Try not to believe all the hyperbole you hear as most of it is just hearsay or just plain myths as we highlight in the link above.

Finally during this time ensure you ask all the questions you feel you need too because in the end the only person completely caring about your total welfare and situation 100% is you. So follow up with your employer’s HR department, your immigration lawyers if you are using them and anyone else that is involved in your process. Ensure you fully understand concepts like H1B application premium processing and the F1 visa / H1B visa gap period as they may apply to your situation

Good Luck,


H-1B Visa Tips For FY2011 Application Filing on April 1, 2010

Now that the Fiscal Year 2010 H-1B cap subject visa quota has been filled (as of December 21, 2009), it is time to focus on H-1B cap-subject visa filings for Fiscal Year 2011, which will start being accepted by USCIS on April 1, 2010. If you are thinking of filing an H-1b visa application on April 1, 2010, now is the time to get started with the process. Please see below for some common tips in preparing to file an H-1b visa application.

Tip #1 – You must have a job offer: If you do not already have a job offer for a position that meets the H-1b visa requirements, you must find one before filing your application. You cannot submit an H-1b visa application without the sponsorship of an employer who wants to employ you in an H-1b caliber position. There is no way around this rule.

Tip #2 – Make sure your job offer meets the H-1b specialty occupation requirements: The position you are seeking to fill must require at a minimum either a bachelor’s degree in a specific field or the equivalent.

Tip #3 – You must have the right background: You must meet the minimum requirements for the H-1b position being offered to you. This means you must have the right bachelor’s degree or the equivalent through work experience or a combination of work experience and education. Likewise, if the position requires a certain credential or licensing, you must have this as well.

Tip #4 – Find an immigration lawyer well-versed in the H-1b visa process to work with: This is one of the most important tips! Filing an H-1b visa is highly complicated and nuanced. The slightest error or oversight can result in a rejection or denial. Furthermore, with increased scrutiny being applied by USCIS, the application process has become even technical.

Tip #5 – Work Closely with your immigration lawyer: It is important to understand that your immigration lawyer is your advocate and that he/she has the same desired goal as you, which is the approval of your application. With that said, it is important for you to provide your immigration lawyer with all requested information and details concerning all aspects of your application.

Tip #6 – Understand that your start date cannot be any earlier than October 1, 2010: If you’re applying for a cap-subject H-1b visa on April 1, 2010, you cannot request a start date earlier than October 1, 2010. This means that you must figure out what you’re going to do until that time. If you will remain in the U.S. it is imperative that you maintain lawful nonimmigrant status.

Tip #7 – Understand that you may not apply for a cap-subject H-1b visa until April 1, 2010: The 85,000 H-1b visa quota (65,000 regular cap and 20,000 master’s cap) for Fiscal Year 2011 does not start until April 1, 2010.

Tip #8 – Understand that there are a limited number of H-1b cap-subject visas available: Every year there are only 65,000 regular cap and 20,000 master’s cap H-1b visas available. Last year the cap remained open for the regular cap from April 1, 2009, to December 21, 2009 (about 7.5 months). In the years’ prior to last year, the quota remained open for a day or two with lotteries being conducted right away because of the large number applications received. It is anyone’s guess as to what the situation will be like on April 1, 2010; however, the demand is expected to be higher than what it was on April 1, 2009. As such, you should plan on being prepared to file your H-1b visa application by April 1, 2010.

Guest Author

Douglas Lightman