01/06/09
H1B Petitions Should Be Prepared Now For Filing On April 1, 2008
H1B petitions for new employees should be filed with USCIS on April 1, 2008, which is the first day H1B petitions will be accepted for filing under next year's quota. H-1B petitions filed on April 1st have the best chance of acceptance under the quota. H1B petitions which are accepted for processing on April 1st will be eligible for H1B work authorization beginning on October 1, 2008, the first day of the USCIS fiscal year.Unless your company or employee falls into one of the exceptions , it is important to file on April 1st, or the employee may not be eligible for H-1B until October 1, 2009.
F-1 students who will be graduating in the spring and applying for OPT during the next few months should also apply for H1B by April 1st. If the employer waits to file the H1B petition until April 1, 2009, there will likely be a gap in their status and work authorization next year. This will require the employee to stop working at the end of their OPT and may require the employee to depart the U.S. within 60 days.