My employer told me that H1 CAP for 2006 has been filled? Is this true??

M

mnimw

New Member
I graduted with B.B.A in may 2005. I am currently on OPT which is expiring in July 2006. During my interviews, one of the employers told me that they DO sponsor H1 Visa, however, the 2006 Cap has been filled since last NOV, so they can't sponsor anybody this year anymore.

Upon reading, I noticed that a lot of people mentioned about starting the applying process in April of the year for Oct start date. So I am quite confused by which info is correct and is it still possible for employer to file H1 applications for Oct 2006 starting date???????

Or is there any info on the cap for 2006???
 
mnimw said:
Upon reading, I noticed that a lot of people mentioned about starting the applying process in April of the year for Oct start date.
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It is correct.
 
opt valid until may 2006

Hi, I'm on OPT right now which is valid until the end of May 2005. I've joined a comapany in jan 2nd week & by the time I applied for H1 it was too late(jan 1/17 was the cut off date for H1 application. So after May I'll be out of status. Do I need to change to H4, my husband also works for the same company & he has H1. My attorney said I should covert my visa to H4 and I can again apply for H1 in April. If I apply in April 2006 will my status be valid until I get my H1 or I need to chang to H4. Can anyone reply to this. Thanks.
 
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LalithaV said:
Hi, I'm on OPT right now which is valid until the end of May 2005. I've joined a comapany in jan 2nd week & by the time I applied for H1 it was too late(jan 1/17 was the cut off date for H1 application. So after May I'll be out of status. Do I need to change to H4, my husband also works for the same company & he has H1. My attorney said I should covert my visa to H4 and I can again apply for H1 in April. If I apply in April 2006 will my status be valid until I get my H1 or I need to chang to H4. Can anyone reply to this. Thanks.
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Your H1 status is valid after Oct 1. Til then, you need to be on OPT(F) or H4.
 
GotPR? said:
It is correct.
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So is there any chance for the company to apply for me in April for the next cycle/term?(I am still not sure what people mean when they said apply in April again when the cap is filled)???
 
Immigration's fiscal years go from Oct to Oct, that means that FY2006 starts in Oct 2005 and ends the last day of Sept 2006. October 1st, 2006 is the first day for FY2007. A new YEAR H-1B CAP opens up on that day and visas are available again until they last. On the other hand, the earliest you may "apply" for an H-1B visa is 6 months prior to the date of intended employment. Having said that, April 1st is the earliest you may apply to obtain an H-1B approval with a validity date starting in Oct 1st, 2006 for FY2007. Hope this clarifies your concerns.
 
LalithaV said:
What is OPT(F) can you explain.
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OPT is on F1 status.
What I meant to say is you have to have some status til Oct 1 unless you stay out of the US.
In your case, most likely it is F status during your OPT or H4 status. Obviously your OPT is over in May and taking 60days grace period into accout, you still have 3 months short to H1 start. you have to be on H4 after OPT before H1 otherwise you stay out of the US.
 
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GC processing time

Hi there,

Does anybody know about current processing times to obtain the GC? As far as I understand, once you get in the country with H1B, if you want permanent residency, you apply for I140 and then for I485? Once you have the I485 approved (how log does it take?) it's just a matter of around 6 months to get your GC? Please correct me if I'm wrong.

Also, is there any factor to speed up this process? I mean, does the state in which you are have any influence on the speed of the process? The kind of employer? Can certain companies make your life a missery while you wait for the GC? (Are big ones better than small? Is academia better than industry?)

Also I heard that by Spring 2005 the government was going to apply some new system to speed up the process. I'm not very sure what it was about. Does anybody know something about it?

I'd really appreciate any comments. Thanks a lot.
 
kvnpatriot said:
once you get in the country with H1B, if you want permanent residency, you apply for I140 and then for I485? Once you have the I485 approved (how log does it take?) it's just a matter of around 6 months to get your GC? Please correct me if I'm wrong.
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If you are EB2 NIW, or EB1, you can skip LC, otherwise you need to file LC before you file I140. Processing time varies. Some people got it in 2 years, some people got stuck in name check and waiting for several years. And if you are born in India or China, or on EB3 born in any country, you will get stuck in retrogression.. It may take 1 - 3 years that 2006 PD become current, and till then you can not file I485. So, it really depends on individuals.

There is no way to speed up the process by applicant. It's basically First In, First Out basis.
 
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