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According to recent USCIS announcements, there are approximately 5,000 H-1B visa number left for this fiscal year. If you are considering filing an H-1B petition for employment by a foreign national that will begin prior to October 1, 2011 you should do so immediately.
Considering that a significant number of university degrees were conferred in December, 2010 these remaining numbers will probably be used up shortly. Furthermore, since obtaining a labor condition application (the preliminary step in the H-1B process) may now take 7-10 days, applicants who wait may miss the deadline once all H-1B numbers are used or be placed in a lottery for the remaining numbers.
This urgency would not apply to petitions for foreign employees who already have H-1B status and to employers who are exempt from the quota.
This article has been provided courtesy of the NY immigration lawyers at Garganigo, Goldsmith & Weiss, (646) 233-2774, www.ggw.com.
