New to H1-B / please advise

D

dday_0612

Registered Users (C)
Hello all,

I am finalizing my applications for the California office now for 2 H1-B visas. I am offering two positions to perspective employees in the Philippines.

The current wait time shows approx. 2 months and I have a few questions.

If that wait time is correct, I would be looking at a possible approval at the 1st of the year, 2009. Approx how long should I expect it to take from that point until these two guys will have their Visas in hand and ready to travel?

I called the hotline for the government and they said they are accepting applications even though the cap was reached already. Are there possible issues I am going to run into that I may not see currently? I am hoping to have these guys over here and working by the end of January. Is this reasonable?

Thanks in advance for any help or input you can give me.

If someone out there is an expert on this stuff maybe we could exchange phone numbers and I could get better information on the overall process.

Thanks,

Deric Henderson
 
dday_0612 said:
Hello all,

I am finalizing my applications for the California office now for 2 H1-B visas. I am offering two positions to perspective employees in the Philippines.

The current wait time shows approx. 2 months and I have a few questions.

If that wait time is correct, I would be looking at a possible approval at the 1st of the year, 2009. Approx how long should I expect it to take from that point until these two guys will have their Visas in hand and ready to travel?

I called the hotline for the government and they said they are accepting applications even though the cap was reached already. Are there possible issues I am going to run into that I may not see currently? I am hoping to have these guys over here and working by the end of January. Is this reasonable?

Thanks in advance for any help or input you can give me.

If someone out there is an expert on this stuff maybe we could exchange phone numbers and I could get better information on the overall process.

Thanks,

Deric Henderson
Click to expand...

I would be really surprised if there are any H1's left. Cap was filled back in April. And issuing new H1s starting October 1.

Re: timeline... you can do premium processing that would get you response in 14 days. I suspect most people do this.
 
m_img said:
I would be really surprised if there are any H1's left. Cap was filled back in April. And issuing new H1s starting October 1.

Re: timeline... you can do premium processing that would get you response in 14 days. I suspect most people do this.
Click to expand...

Thanks for the response. Maybe you or someone else can clear this up for me.

You say you would be surprised if there are any H1's left but they started issuing new ones October 1st. Do you mean that by the time my application gets looked at they will be gone probably? Any advice on this is appreciated.

As for premium processing. I don't really need the speed up in processing time, but if you think this would increase my chances of getting the visas I would consider doing this. What are your thoughts on the benefits of doing the premium processing outside of just timeline?

My specific timeline questions is actually not related to the US side, but after the application is accepted, how long would it take for the Philippine consul to actually award the visa to the applicants?

Thanks again,

Deric Henderson
 
"My specific timeline questions is actually not related to the US side, but after the application is accepted, how long would it take for the Philippine consul to actually award the visa to the applicants? "
Click to expand...

That depends on when the consulate or embassy has appointments, in Mexico is usually 10-14 days to get an interview. The actual visa is given the next day after the interview (as I said, that's in Mexico, not sure if it works the same in other countries but would expect it to be).

You say you would be surprised if there are any H1's left but they started issuing new ones October 1st. Do you mean that by the time my application gets looked at they will be gone probably? Any advice on this is appreciated.
Click to expand...

Are you applying for cap-exempt positions? If they are not, then, as far as I know, it will be useless to apply before April 1st of next year, since it will be automatically rejected, since there are no visas left.
 
medavid said:
That depends on when the consulate or embassy has appointments, in Mexico is usually 10-14 days to get an interview. The actual visa is given the next day after the interview (as I said, that's in Mexico, not sure if it works the same in other countries but would expect it to be).



Are you applying for cap-exempt positions? If they are not, then, as far as I know, it will be useless to apply before April 1st of next year, since it will be automatically rejected, since there are no visas left.
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Thanks for the info. This last statement is very concerning to me. I am not cap-exempt.

Can you please link me to anywhere online that will give me this same information? I don't know why the lady at the office would not tell me this information when I called her.

Thanks.
 
One more question that may be naive.

If they both have passports that allow them to come to the USA for 6 months at a time, is it possible to have them come over and work here while we do all the paperwork?

I am not asking if it is recommended or completely the correct way, but is it possible? Would you recommend it?

Thanks,
 
It would be illegal for them to work on anything other than a guest worker visa. You may only apply on April 1, 2009 for start of work on Oct.1, 2009 if they are selected in the lottery since you are not cap exempt.
I cannot see any way these people could be working for you legally in Jan. An attorney might have another option. I suggest that if you really need a worker that you reopen your search for US citizens and LPRs.
 
Concerned4us said:
It would be illegal for them to work on anything other than a guest worker visa. You may only apply on April 1, 2009 for start of work on Oct.1, 2009 if they are selected in the lottery since you are not cap exempt.
I cannot see any way these people could be working for you legally in Jan. An attorney might have another option. I suggest that if you really need a worker that you reopen your search for US citizens and LPRs.
Click to expand...

Thanks for your comments. I have openings for US workers currently. These two guys I am hiring have worked with me for years with another company and they are not replaceable by new workers, no matter the country of origin.

It seems that I do have a problem here and I thank you all for helping me out.

Can anyone point to an official web page that may give me more information on this restriction? Shouldn't the government have a sight that will let me know what I will be facing if I go apply now?

Thanks,
 
Since it would be in your best interest to hire a law firm to assist in the H1B filings, I suggest you engage one now to discuss your options. There may be some given that they are employed by an affiliated company.

Be sure the attorneys are immigration specialists and belong to the AILA. They need not be in your city since immigraton law is federal. There are several with Philippine as well as US offices.
 
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