When Should One File an H1B Petition for the 1999-2000 fiscal year?
Posted Aug 28, 1999

By now, nearly everyone should be aware of the fact that the H1B cap has been filled for this fiscal year, and that new H1B Petitions for those who are subject to the cap cannot start until the next fiscal year (1999-2000) on October 1, 1999. Some prospective employers and employees have informed us at the Law Office of Sheela Murthy that they are waiting to file the H1B Petitions for the next fiscal year starting on or after October 1, 1999. It is a misconception that one should wait until October 1, 1999 to file the H1B Petition for those who are subject to the H1B quota. File your H1B Petitions today for the 1999-2000 fiscal year even if you are subject to the quota!

As mentioned in previous editions of the Immigration Law Bulletin of the Law Office of Sheela Murthy, certain H1B Petitions will not be subject to the annual ceiling on H1B Petitions. Those categories of H1B Petitions which are not subject to the H1B quota are: those who are already on an H1B Petition with another employer but are filing a new H1B Petition to work for another employer, those who are filing an H1B Amendment with the same employer, those who are filing a concurrent petition to work for another employer simultaneously or those extending the H1B Petition with the same employer.

To reiterate, even those who will be subject to the H1B quota are allowed to file the H1B Petitions now! The starting date for the employment, as indicated on the H1B Petition, must be October 1, 1999 or later, but the case can and should be filed as early as possible. If any of you have been waiting until October 1, 1999 to file the H1B petition, please do not wait and waste precious time. Obviously, the earlier you file, the earlier will be the start date or the approval date on the H1B Petition. It is in your best interest to file today since obtaining the prevailing wage and getting the LCA certified and then awaiting INS approving the Petition could take until October 1, 1999 or later if you file today. Allow yourself the extra time since it will enable the company to use your services earlier and for the employee to start earning a paycheck earlier!