Starting with H1B Visa Process

[nikhilhunk]

My Employer has shown interest in filing my H1B visa. This happened in the month on September but due to some issues, I could not submit all my documents and it has not been initiated yet. I read somewhere that if the process is initiated now,I cannot work in US before October next year? Is this correct?

I am very sure about the procedure now and if I submit all my documents today assuming that my employer files the LCA and Petition soon in next couple of weeks, will I be able to work in US from December next year( provided that the Visa is approved during this time) ?

[shervin143]

The CAP for 2012 is still open. Your employer can file the H1B petition under the 2012 quota and request an immediate start date (Since Oct 1st 2011 has already passed). When approved, you can get the visa stamped and enter U.S to work.

If the CAP for 2012 gets closed, the you cannot file the petition until April 2012 (The CAP for 2013 will open on April 1st 2012) and the start date will be on or after Oct 1st 2012.