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A Better Partnership

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Feb 2007
21
February 21, 2007

Filing Period for New H-1B Visas

The filing period for new H-1B visas will open on April 1, 2007. Employers who are considering obtaining a new H-1B for potential employees should begin the process as soon as possible, in order to be ready to file the petition with the immigration service on April 1. These H-1Bs would be effective for employment beginning October 1, 2007.

Persons already in H-1B status, working for a different employer, are not subject to the H-1B quota. Examples of situations where a new H-1B might be required include:

  1. A potential candidate is currently working abroad and has no authorization to work in the U.S.

     
  2. A potential candidate is a recent university graduate who is in the U.S. in student status (F-1) and is currently employed pursuant to an Optional Practical Training employment card.

     
  3. A potential candidate is currently working in the U.S. but has a different status, such as TN or L-1B, both of which have certain limitations that might make the H-1B a better choice.

It is impossible to predict how long the new allotment of H-1Bs will be available. Last year the quota of 65,000 was reached within two months of April 1. Consequently, it is important to get the petitions filed on April 1, or very shortly thereafter. After the quota is reached, no more H-1Bs will be available until October 2008.

For additional information, please contact Kathleen M. Hanenburg, 616.752.2151 or khanenburg@wnj.com, or Angela M. Jenkins, 616.752.2480 or ajenkins@wnj.com.
 

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