In recent times there has been a lot of talk about the H-1B visa cap being raised to 115,000, a significant more from the current 85,000. But before this can be made into a reality, you should prepare your H1B early this year so that you will have your application ready by the time the USCIS takes in applications.
The present number of H1B Visas include, this number also includes skilled foreign workers and those with advanced degrees from US institutions. In order, that you are not lost in the long list of those waiting to submit their H1B visa petitions, you need to apply well on time for the H1B Visa because once the visa cap is reached, the USCIS stops taking in any more petitions. Your employer and you should both prepare your H1B early this year because like always there is a tendency for people to rush in and the scope for submitting your petition becomes lost if you are not ready by the time the date for submission is close.
You can in fact begin prepare your H1B early this year, maybe even six months before the actual date, so that there is no procedural delay on your part. The demand for H-1B visas is usually far exceeding the supply of H1B visas, and each year the H1B Visa cap has been reached earlier and earlier. Before we find the 5 reasons why you should prepare your H1B early this year, let’s see the trends that have governed the submission of H1B visas before.

If the overwhelming trend over the past few years is anything to go, maybe you should prepare your H1B early this year. Some examples of earlier years will be able to establish the point better.

1. For the 2009 fiscal year, which effectively started from October 1, 2008, the H1B visa quota was already full by April 7, 2008, which was the earliest possible day under the USCIS lottery rules that decide the fate of petitions amongst those selected from the first five business days.
2. Again for the 2010 fiscal year, which effectively started from October 1, 2009, the H1B visa quota was full by December 21, 2009 already!

Let’s check out 5 reasons why you should prepare your H1B early this year-
1. Since there has been no increase in H1B visa numbers in the past few years. The number of people who are unable to obtain an H1B visa keeps growing. This makes it necessary for you to file your petition soon, or there might be a good chance that the H-1B cap will run out.

2. Moreover since, it takes time to prepare an H1B Visa petition, you should take time to prepare your H1B early this year. In planning to file an H-1B, it is important to understand that a sufficient amount of time must be allowed to gather the necessary documents, and to address various legal issues which may arise.

3. Most H1B workers and their employers try and obtain the services of immigration firms, who are experienced in employment based petitions well in advance of April 1st, which is the deadline for submitting the petitions. Due to the iCert introducing a seven day processing time petitioners now, have to wait for those seven days, before knowing their status.

4. There are additional hassles which make it necessary that if a company has not previously submitted proof of their FEIN to the DOL’s “LCA business verification team,” then the LCA will be denied. This makes it difficult for even well established companies to show up in whatever faulty database iCert uses to verify company FEINs.

5. Because of these clauses, the petitioners must be extremely cautious and provide a scanned copy of proof of FEIN to the LCA business verification team to add the company’s tax ID number to their database in advance. Failure to provide such crucial data on time will not only nullify your chances for filing a petition but make you wait for a whole year to file a new petition.

Keeping in mind the fact that these days an H1B visa petition needs a lot of groundwork and legal understanding, in case you are not able to do this because of work commitments you might want to employ the experienced immigration lawyers of the Shah Peerally Law group . The lawyers in the Shah Peerally Law firm will help not only help you prepare your H1B early this year but will be able to guide you and your employer in this regard and have all documents prepared by the time the petition needs to be submitted.
You can contact Shah Peerally Law firm through email at [email protected] OR give a call at (510) 742-5887

faq