H-1B Visa Tips to Prepare For the April 1, 2010 Filing

Now that the Fiscal Year 2010 H-1B cap subject visadesired goal as you, which is the approval of your
quota has been filled (as of December 21, 2009), it isapplication. With that said, it is important for you to
time to focus on H-1B cap-subject visa filings for Fiscalprovide your immigration lawyer with all requested
Year 2011, which will start being accepted by USCISinformation and details concerning all aspects of your
on April 1, 2010. If you are thinking of filing an H-1b visaapplication.
application on April 1, 2010, now is the time to getTip #6 - Understand that your start date cannot be
started with the process. Please see below for someany earlier than October 1, 2010: If you're applying for a
common tips in preparing to file an H-1b visa application.cap-subject H-1b visa on April 1, 2010, you cannot
Tip #1 - You must have a job offer: If you do notrequest a start date earlier than October 1, 2010. This
already have a job offer for a position that meets themeans that you must figure out what you're going to
H-1b visa requirements, you must find one before filingdo until that time. If you will remain in the U.S. it is
your application. You cannot submit an H-1b visaimperative that you maintain lawful nonimmigrant
application without the sponsorship of an employerstatus.
who wants to employ you in an H-1b caliber position.Tip #7 - Understand that you may not apply for a
There is no way around this rule.cap-subject H-1b visa until April 1, 2010: The 85,000 H-1b
Tip #2 - Make sure your job offer meets the H-1bvisa quota (65,000 regular cap and 20,000 master's
specialty occupation requirements: The position youcap) for Fiscal Year 2011 does not start until April 1,
are seeking to fill must require at a minimum either a2010.
bachelor's degree in a specific field or the equivalent.Tip #8 - Understand that there are a limited number of
Tip #3 - You must have the right background: YouH-1b cap-subject visas available: Every year there are
must meet the minimum requirements for the H-1bonly 65,000 regular cap and 20,000 master's cap H-1b
position being offered to you. This means you mustvisas available. Last year the cap remained open for
have the right bachelor's degree or the equivalentthe regular cap from April 1, 2009, to December 21,
through work experience or a combination of work2009 (about 7.5 months). In the years' prior to last year,
experience and education. Likewise, if the positionthe quota remained open for a day or two with
requires a certain credential or licensing, you must havelotteries being conducted right away because of the
this as well.large number applications received. It is anyone's guess
Tip #4 - Find an immigration lawyer well-versed in theas to what the situation will be like on April 1, 2010;
H-1b visa process to work with: This is one of thehowever, the demand is expected to be higher than
most important tips! Filing an H-1b visa is highlywhat it was on April 1, 2009. As such, you should plan
complicated and nuanced. The slightest error oron being prepared to file your H-1b visa application by
oversight can result in a rejection or denial.April 1, 2010.
Furthermore, with increased scrutiny being applied byThe above list is not exclusive, nor is it in any particular
USCIS, the application process has become evenorder of importance. It is highly suggested that
technical.throughout the process that you work with a
Tip #5 - Work Closely with your immigration lawyer: Itcompetent and experienced immigration attorney, as
is important to understand that your immigration lawyerthe H-1b visa is a complicated visa to navigate.
is your advocate and that he/she has the same