If you are interested in filing a new H-1B petition (as opposed to an extension of stay or change of employer petition), we are advising our clients that they must be prepared to file on March 29, 2013. This will ensure that the petition arrives on Monday, April 1st, 2013. Even though the approval will not be effective until October 1, 2013, the petition must be filed six months early.

Here is why we are telling our clients send in their petitions for filing by March 29th, 2013. In 2006 and 2007, the total allocation of H-1B numbers was used up on the very first day of filing (April 1st). Due to the economic downturn that accrued in 2008, the numbers were much slower to be used and were not used up. Two years ago, the numbers were used by November 23rd, 2011. Last year, the numbers were used up by June 11, 2012. If this trend continues, I anticipate that all of the visa numbers will be used up in the first part of April if not the first day of April. The only way to be assured (as much as possible), that your H-1B petitions will be approved is to file them on the first day. I say “as much as possible” since the Immigration Service has indicated that if more petitions are filed on the first day, then there are numbers available, a lottery will have to be held.

Therefore, it is quite possible, that even if the petition is filed on April 1st, the petition may not be successful unless it is chosen in the lottery.

As mentioned above, the cap only applies to new petitions. Petitions which have already come under the cap and are now only being filed for change of employers or extensions of stay can be filed at any time.

At this time, employers should go over their hiring needs, and especially consider any employees who are on optional practical training (OPT), and, therefore, may need an H-1B visa in order to continue their employment. Do not be caught up in the last minute, frantic preparation and filing which many have been involved with in the recent years.

If you have any questions regarding the filing of a new H-1B petition, please be sure to contact our office at (650) 588-7100 as soon as possible.