Posts Tagged ‘H1b’
ALERT: H-1B CAP FILING PERIOD OPENS APRIL 1, 2012!
The filing period for the next H-1B cap season opens April 1, 2012 for an October 1, 2012 start date. Petitions are accepted up to 6 months in advance of October 1, 2012.
The H-1B visa is a temporary work visa for a degreed professional (or someone with equivalent experience) seeking employment in a position complex enough to need his/her specific degree.
Each year, there are 65,000 slots available to holder’s of U.S. or foreign Bachelor’s degrees or foreign Master’s or higher degrees (or equivalent experience). There are an additional 20,000 slots set aside for individuals with U.S. Master’s or higher degrees.
Please don’t hesitate to contact our San Francisco Immigration Law Office if you or your employer need assistance with an H-1B petition.
Tags: H-1B, h-1b cap, H-1B quota, H1b, USCIS, work visa
Posted in Alerts, H-1B, Nonimmigrant Visas, USCIS | Read More »
ALERT: FY2012 H-1B Cap Period Opens April 1, 2011!
The USCIS will begin accepting FY2012 H-1B cap petitions April 1, 2011. These petitions are for H-1B employment opportunities with a start date of October 1, 2011 (the start of FY2012 for the USCIS). The H-1B category is for holders of Bachelor’s or higher degrees (or equivalent experience) who are being sponsored for positions that are complex enough to require a degree in a specific specialty.
Each year, the government allots 65,000 H-1B slots for individuals holding a Bachelor’s degree (U.S. or foreign) or Master’s or higher degree from a foreign institution. There are an additional 20,000 slots for holders of U.S. Master’s degrees. In 2007 and 2008, the H-1B visas were gone in the first few days of April. In 2009 and 2010, they remained available for several months. It’s unlikely that the visas will be gone immediately this year. However, that being said, to maximize your chances of getting an H-1B number, it is advised to file on or near April 1, 2011 whenever possible.
Please contact our San Francisco Immigration Law Office if you need assistance with an H-1B petition or have questions about the above.
Tags: h-1b cap, H-1B quota, H-1B visa, H1b
Posted in Alerts, H-1B | Read More »
I’ve been laid off from my H-1B job: do I have a grace period?
The short answer is, no. While an H-1B employee has 10 days to leave the U.S. after the expiration of H-1B status, the“10 Day Rule” is only triggered upon expiration of H-1B status and not upon terminations prior to the H-1B expiration date. If you are terminated from your H-1B position, your options are to:
Depart the United States within a reasonable period (the regulations don’t specify what is “reasonable” under the circumstances);
Change your status to another nonimmigrant category (such as B, F-1, H4, etc.) before the last date of employment;
File a change of employer petition and request for extension of stay before the last day of employment along with pay stubs showing that you’ve been maintaining status. If your change of employer petition is filed after the date of termination, you will not be eligible for an extension of stay. In that case, you may file a change of employer petition, and then upon approval of that petition, you will need to depart the U.S., apply for a new H-1B visa at a U.S. consulate abroad and then re-enter the U.S. You will not be subject to the H-1B numerical cap in either situation.
Some general advice: work with your employer to see if the employer is willing to restructure the date of termination so as to allow you to remain in H-1B status for a longer period of time. Please note that what determines whether or not you are out of status is the actual date of termination, not whether you are receiving severance payments from the employer. Continuing to receive compensation from your employer will not maintain your status if the date of termination has already occurred. Lastly, consult with an immigration attorney. Falling out of status can have far-reaching implications for your future in the U.S. Make sure that you have all of the information you need to make the best decisions possible.
Tags: change of employer, extension of stay, H-1B, H1b, layoff, termination
Posted in FAQ H-1B, H-1B | Read More »
