We are trying to hire an engineer as soon as possible. Many of our candidates require us to sponsor their H1B visas

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We are trying to hire an engineer as soon as possible. Many of our candidates require us to sponsor their
H1B visas. When in the year can we apply for an H1B Visa, how much time will it take to get, and when is the
earliest start date? Does the candidate being on an F1 visa impact this timeline. We heard anecdotally that
H1B visas can be applied for after April 1 and are granted on October 1, so these candidates wouldn't be
able to start working for us until October 1. Is that true?
Employment Questions , Immigration Questions in Alabama • Posted 3 years, 9 months ago
Public Questions > Employment Questions + Immigration Questions > "Timeline for sponsoring an H1B visa, and getting application
approved"
Timeline for sponsoring an H1B visa,
and getting application approved
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Lynne Feldman
Managing Partner at Feldman Feldman &
Associates
There is a quota of H-1B's each year and the
government's fiscal year begins October 1. You may
apply up to six months ahead (April 1) and can
continue filing until the quota is used up (Last year the
quota was exhausted toward the end of Novmber
2011.) If an individual has already been counted during
the last six years (i.e. previous H-1B with another
employer) then the quota doesn't matter and you can
file any time. Most F-1's wil have at least one year of
practical training and a work card so they can begin
employment with you on their work card and then
change to H-1B when 2013 H-1B numbers open up.
I would be happy to talk with you specifically about
any individuals you are considering for employment.
Just give me a call at the number below.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
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phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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Peter Acker
Managing Member at The Immigration Law
Offices of P. H. Acker & Associates, LLC
Although my colleague provides a wonderful
explanation of the process, I would also recommend
beginning the process in December or January at the
latest, so that the Labor Condition Application is
prepared in ample time prior to the April 1 opening
date. Keep in mind that because new applications can
be filed on April 1, everyone tries to file on April, so
you want to have everything completed and ready to
file on that date.
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Lynne Feldman
Managing Partner at Feldman Feldman &
Associates
March is plenty of time to apply for April a as the LCA
is generally issued within a week. If you submit too
early you will be shorting yourself some of the

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early you will be shorting yourself some of the
maximum three year time permitted.
Lynne R. Feldman
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Peter Acker
Managing Member at The Immigration Law
Offices of P. H. Acker & Associates, LLC
I agree, but if you want a Prevailing Wage
Determination, those are currently taking around 60
days. If you feel fine without a PWD then I fully agree.
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Lynne Feldman
Managing Partner at Feldman Feldman &
Associates
There is a quota of approximately 85,000 H-1B's every
year (The government's fiscal year runs october 1
through September 30.) You are allowed to apply up to
6 months early -- so April 1 for an October 1 start date.
This year they ran out on June 11 so no new H's until
October 1, 2013 and the earliest you can apply is April
1, 2013. If the person has been on an H-1B with
another employer anytime in the last 6 years they have
been counted against the quota so you may apply for
them any time.

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If the new hire has an F-1 practical training work card
that goes past April 1, 2013 then once you apply for
the H in april they are entitled to "cap-gap work
authroization so they can continue working until the H
kicks in on October 1, 2013. You may want to explore
other visa options for professional employment
depending on the country of nationality of your
applicant. Feel free to contact me as indicated below
with further questions.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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