Home > April 1st H1b Visa deadline approaching…what you need to know

April 1st H1b Visa deadline approaching…what you need to know

June 7th, 2022

Dear friends:

April 1st is getting close and as every year, we would like to remind you that it is time to start preparing your H1b Visa application (Work Visas for Professional Employees).

Below we share with you some of the most common frequently asked questions about H1b Visas:

When do I have to apply for an H-1b in order to start working in a given year?

Currently, all potential H-1b candidates should apply for an H-1b on April 1st (the first day the USCIS accepts H-1b applications for visas to be issued on October 1st of that same year), of the first year of potential eligibility (the first year in which you have identified an employer willing to sponsor you).

Why is it important to apply on April 1st or as soon as possible, for the H-1b Visa?

By law, there are only 65,000 capped H-1b Visas (for professional bachelors) and 20,000 (for advanced degree professionals) available each year (there are certain H-1b Visas not subject to the yearly cap—see link below). The USCIS starts accepting H-1b Visa applications on April 1st, for the visas that will be issued in October of that year. In the past, H-1b Visas have ran out early in the year, so it is suggested that you apply as close to April 1st (the earliest these visa applications are accepted), to have a higher chance of there being visas available. The USCIS regularly reports on the number of H-1b visas still available for the year and you may check their web site for this information: USCIS on H-1b Fiscal Year (FY) 2014 Cap Season.

I have been living in the United States for almost six years under an H-1b Visa and my visa will be expiring soon, are there any options for me to stay here longer or to obtain my green card?

Under the law AC21, an individual may extend his/her H-1b Visa beyond 6 years, for what is commonly known as the 7th year extension, so long as the individual has:

1). An LCA (Labor Condition Application) filed prior to the beginning their 6th year on the H-1b Visa, and

2). This LCA is pending, or if it has been approved, there is a related I-140 (employment residency petition) pending, or an I-140 approved related to the specific LCA that was filed before the 6th year of the H-1b Visa.

What do I need to do if I want to change employers and I am under an H-1b Visa status?

Pursuant to the AC21 law, an H-1b Visa holder may transfer his/her H-1b Visa to a new employer by having the new employer file a new H-1b application. The H-1b holder may begin working for the new employer as soon as the application has been filed (prior to receiving approval of this application). However, if the H-1b transfer is not approved the original H-1b Visa will be lost. It is therefore recommended to complete the transfer before starting work for the new employer.

If I have an H-1b Visa, or I am applying for one, how quickly can I apply or start the process to obtain Residency or a Green Card?

H-1b Visas are a dual intent visa (non-immigrant and immigrant intent) and therefore you may apply for your legal permanent residency or green card as soon as you receive approval for your H-1b Visa.

Complete list of Frequently Asked Questions on H1b Visas

For a description of the process and a complete list of employer documents needed for  H-1b Visas and fees, please visit our H-1b Visa web page.

If you think you are eligible for an H1b Visa for Professionals, talk with your employer about sponsoring you for an H1b Visa and call our office in Boston to schedule an appointment with one our H1b Visa lawyers at (617) 303-2600 (ext. 0) or schedule your appointment online. We recommend you to schedule the appointment together with your employer.

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Respectfully,

The FitzGerald Law Company Team

Successful track record serving the Massachusetts Community for over 20 years with all their legal needs in Immigration, Criminal and Personal Injury Law