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FY 2014 H-1B Season: Cap Exempt and Extension Petitions

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FY 2014 H-1B Season: Cap Exempt and Extension Petitions

January 18, 2013

FY 2014 H-1B Season - Filing Cap Subject Petitions

With the uptick in hiring, we expect FY H-1B visas to run out far sooner this year than June, which occurred this last year. As a result, employers should prepare cases to file on April 1 or as soon thereafter as feasible.

  • If employees are not receiving their actual degrees until May or later, remember to take advantage of some options to file earlier than May/June graduation time. For example, it may be possible to obtain a confirmation letter from school advisors that the candidate has satisfied all requirements for submission with the H-1B application package.
  • Take stock of all employees who may be in their post-completion practical training work authorization. If "EADs" expire before October 1, 2014, it will be important to file now, for this fiscal year, to avoid a gap in employment authorization.

H-1B Cap Exempt and Extension Petitions

Like getting the flu shot, other precautions are still necessary to ward off risks and surprises. Employers whose H-1B cases are not subject to the annual H-1B cap need to know:

  • The government is still adjudicating all H-1B petitions at a snail's pace of four to five months. This can delay start dates for change of status petitions, necessitating filing by Premium Processing, which carries a $1225 price tag.
  • Employees who have H-1B extension petitions pending may encounter difficulty renewing their driver's licenses. Even though the USCIS rightly considers beneficiaries in lawful nonimmigrant status with work authorization while extension cases are being adjudicated, most state DMV offices will not renew driver's licenses without an actual approval. This can also cause upgrades to premium processing.
  • Avoid extra filing fees and try to file six months in advance of the requested start date.

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