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Filing Deadline for new H-1B visa petition filing extended to April 7, 2008
On Tuesday, April 1, 2008, CIS began accepting new H-1B petitions for Fiscal Year 2009. These petitions are for NEW employment start dates beginning on or after October 1, 2008. Unlike years past, the filing deadline has been extended to April 7, 2008.
Failure to file by April 7th may make U.S. employment unavailable until late 2009. Employers who have identified a candidate for new H-1B employment should act immediately to take advantage of this limited window of opportunity.
CIS will conduct a lottery of all H-1B petitions received in the filing window of April 1 -7, 2008. Those petitions not selected will be returned, with all filing fees.
We encourage employers to make a final review of H-1B staffing needs over the coming 18 months to determine if a filing should be made. Those eligible for the H-1B are new hires effective October 1, 2008 and current employees with status that will end before October 2008, such as those in F-1 optional practical training status, TN Canadian or Mexican professional status and J-1 practical training status.
The quota does NOT apply to foreign nationals who currently have H1B status, since these individuals may extend their status or change employers without respect to the annual cap.
Citizens of Singapore and Chile enjoy a separate quota, which is available now and which will continue to be available throughout the coming fiscal year. Australians can take advantage of the new E-3 visa, which became operational in the fall of 2005.
Certain employers are exempt from the cap, most notably non-profits affiliated with universities, including many health care facilities. These may petition for new H-1B employees at any time.
Please contact us immediately if you may have a prospective candidate for new H-1B employment.
The Visa Bulletin was updated on April 1, 2008
Thank you for taking the time to read this E&M Visa Update.
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Elliot & Mayock LLP
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