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Is it possible to file h1b petition in this short time

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  • Is it possible to file h1b petition in this short time

    I've recently got an offer from a MNC. They said they'll file my new h1b and I have sent the required documents to their respective team (in India) who takes care of h1b filing. They haven't filed my H1B as of today (21-January-2011).

    Provided that they will start working on it on 24-January-2011 and the cap is likely to be reached on 26th-Jan-2011, is it possible for them to file my h1b petition before the cap is reached?
    Last edited by john_noble; 01-21-2011, 11:05 AM.

  • #2
    Why do you think cap is likely to be reached on the 26th? 60,700 numbers have been used from the total of 65,000 when last updated and last date depends on how soon more petitions are filed. On the day USCIS receives 65,000th petition, they will carry out a lottery for all petitions received on that day. You can ask your employer to make haste in filing and send the petition by overnight courier and it will be fine.
    This is my opinion and not legal advice.

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    • #3
      Thanks for the quick reply.
      My thought behind the cap limit date was;

      approx 450 H1B1 were used last year, so this year cap is 64550 approx.

      60,700 reached as of 14th Jan. If around 2000 (same as last week) will be filled by end of US day today (21-Jan), only 1750 will be available for next week. So the best case it will be available till 28th Jan and if I take the worst case it will be reached by 26th Jan.

      My concern is, is it possible to for them to prepare all the docs needed to file the h1b petition and file it within that short duration (3 - 5 days).

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      • #4
        It takes 7 days for DOL to approve LCA's and petition can only be filed afterwards. So if your analysis is right all you can do is keep your fingers crossed and hope for the cap to remain available through the week after next.
        Last edited by kabkaba; 01-24-2011, 11:43 AM.
        This is my opinion and not legal advice.

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        • #5
          Thanks. I pray that they have LCA approved for that position already for someone. Keeping my fingers crossed, will post if it is filed on time.

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          • #6
            Hi John,

            I am in the same position as you. My attorney applied for LCA on Friday and she is waiting to send the papers once LCA is approved. The quota is 62,800. Good luck please do update!

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