H4 to H1 - Regular cap Approaching

Discussion in 'Working Nonimmigrant Visas' started by immitalent, Nov 16, 2011.

  1. immitalent

    immitalent Member

    Need your expert opinion Ron. My wife is currently on H4 and is attending job interviews in the local city where we are based. As soon as she clears the interview her potential employer (a consulting company) is going to do H4 to H1 premium conversion. But as per the latest USCIS data 56,300 H1Bs (regular quota) have already been accepted as of 11/14 which leaves only 8700. Seeing the sudden rush in H1B filing it appears that the quota will be reached in another 2 weeks or so.


    Under these circumstances do you think it is advisable to go ahead and apply for LCA (based on local city and job title) and then file H4 to H1 normal processing (without a valid job offer)?

    Since normal processing times are approximately 3-4 months in VSC, it will take a while before USCIS issues a RFE for her case. Hopefully by that time she would have found a job and started working (based on h1b receipt notice), we can respond to that by giving the contract details of her job and possible upgrade it to premium.


    I feel this is the only way for her to make sure she gets into the H1b queue considering the sudden rush in filings. Do you think this will work Ron?


    Thanks in Advance.
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: H4 to H1 - Regular cap Approaching

    Our projection, based on both current and historical demand, is that the H1B cap will be reached no later than the first full week in December. It is not possible for a potential beneficiary to file an LCA, only an employer may do so. In order to beat the cap, your wife's employer must file a petition before the cap is reached. It doesn't matter when it is approved.
  3. immitalent

    immitalent Member

    Re: H4 to H1 - Regular cap Approaching

    Thanks a lot for responding Ron. I meant my wife's potential employer will do the LCA now and immediately file the H1B petition.

    I've just couple of questions.

    1. Is it OK to file H4-H1 without a valid contract/purchase order?
    2. How long does it take to get an LCA nowadays?
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Re: H4 to H1 - Regular cap Approaching

    LCA processing is a standard seven calendar days. That is, if you were to file one today (November 16th), it would be certified the evening of November 22nd. By law, an employer may not file an LCA unless and until there is a bona fide job offer.

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