FAQs

When can the U.S. employer file an H-1B petition?

Free Consultation »

If the foreign worker is subject to the annual numerical limit, or H-1B cap, then the H-1B petition can be filed up to 6 months before the start date (April 1st for an October 1st start date). If the foreign worker is not subject to the H-1B cap (was previously granted H-1B status in the last 6 years) then the H-1B petition can be filed immediately. If this is the foreign worker’s first H-1B then s/he is subject to the cap.