H1B Cap Cases for FY2011: Now Accepting New Cases!

It is time to start preparing H1B "cap" filings for Fiscal Year 2011 (FY2011). The U.S. Citizenship and Immigration Services (USCIS) FY starts on October 1st each year. Thus, the USCIS FY2011 starts on October 1, 2010 and runs through September 30, 2011. Following are suggestions to help you for the upcoming cap season. Our suggestions are based on existing law, as well as USCIS guidance and our experience from prior years.

It is possible that the USCIS will issue updated guidance with slight procedural variations for FY2011. For example, the LCA process has changed in July, noe it is taking 7 days to obtain an approval. In case of a denial, obtaining an LCA may take even longer. However, the timelines permit a cap-subject H1B filing no earlier than April 1, 2010, with a requested start date for the H1B petition no earlier than October 1, 2010.

We are accepting H1B cases for FY2011. We have a team of experienced attorneys and paralegals in our nonimmigrant department who are currently working on new H1B cap-subject cases. The cases will be prepared in advance and will be transmitted for delivery on March 31, 2010, to reach the USCIS, ideally, on April 1, 2010. In order to file, it is necessary to have an appropriate job offer from a U.S. employer who is willing to sponsor the H1B case.

The USCIS has increased scrutiny on H1B cases, particularly those filed in the IT consulting industry and software companies. The standards for approval have become more stringent. It is necessary to recognize this trend when preparing new H1B cap cases for filing.

Click here to apply for your new H1B case now