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H-1B Series: Critical Dates and Technical Tips in Filing H-1B There are many critical technical issues that you must address in order to file your H-1B petition properly. Failing to heed them can cause your H-1B petition to be rejected. As the visa quota is very tight, any delay or mistake could lead to serious consequences. In this article, we will clarify these critical dates and technical tips to help you file your H-1B petition properly. Please note that most of the information in this article applies to cap-subject H-1B petitions. Filing Date and the H-1B Lottery USCIS will begin accepting H-1B petitions for the 2009 fiscal year on April 1, 2008. If the H-1B quota is reached at any time during the first five business days (4/1-4/7) on which petitions for the upcoming fiscal year may be received, all cap-subject petitions received during the first five business days will be included in the random-selection lottery. This rule applies to both the standard H-1B quota of 65,000 visas and the advanced degree quota of 20,000 visas. Although it’s possible that the advanced degree quota of 20,000 won’t run out that fast, we still suggest that you file your application between April 1 and April 7 to ensure a chance for the lottery. The Starting and Ending Dates of LCA and H-1B H-1B status subject to the quota of the 2009 fiscal year can go into effect on October 1, 2008 at the earliest and lasts for three years at a time. An employer of an H-1B worker must have a valid Labor Certification Application (LCA) for the duration of an H-1B worker’s employment. An LCA is valid for three years at a time. An LCA can be filed six months before the LCA takes effect at maximum. For example, if you want your LCA to take effect on September 27, 2008, you may file your LCA as early as March 27, 2008. Our firm files the Labor Certification Application (LCA) for each H-1B petition online a few days before we submit the H-1B package. For example, if we want to file the H-1B on April 1, 2008, we file the LCA on March 27, 2008. This LCA will take effect on September 27, 2008 and expire on September 26, 2011, four days before the H-1B expires. Therefore, applicants whose employers use our method—that is, who file their LCA applications online a few days before submitting their H-1B petitions—should be aware that their LCA will expire a few days before their H-1B status, assuming that both their LCA and H-1B take effect six months after filing. Their employers will need to file a new LCA for them if they plan to work for the full three years, or if they plan to apply for an H-1B extension. Data Collection Information: Major and Job Code Here, we wish to emphasize two things. First, it is important to include the beneficiary’s college major on an H-1B petition on the Data Collection Form. If this information is not included, USCIS might reject the petition. Second, it is important to use the correct job code for the position on the H-1B petition. Sometimes, positions with similar names can have different job codes—for example, the job code for “accountant” might be different from the job code for “account manager.” So it’s important to read the list of job codes carefully and choose the best match for the position on the H-1B petition. Filing Addresses Cap-subject H-1B petitions should be filed to either the California Service Center (CSC) or the Vermont Service Center (VSC), depending on where the H-1B employer is located. In addition, USCIS handles the petitions delivered by USPS and private couriers differently. You need to pay special attention to the specific addresses used by different couriers. We list these specific filing addresses as follows.
The subject line of the address depends on whether your petition is subject to the normal cap or the advanced-degree cap:
Furthermore, if you’re submitting to the CSC, the address itself depends on whether you send your petition via the U.S. Postal Service or a private courier such as FedEx, UPS, or DHL.
Finally, if you are using premium processing, the address will be different as well.
Other Tips In order to avoid any delay, you also need to carefully check the filing fee check. If you’re using premium processing, you need enclose the I-907 form and the $1,000 premium processing fee. In addition, you need to double check the signature of the attorney and employer. --------------- At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation. Houston: 7324 Southwest Freeway, Suite 1088, Houston, TX 77074 In the moment of dynamics, our clients can always count on us. (03/31/2008) For more immigration news, please click here |
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