Apr 2 2008

H-1B Filing Period Officially Open; Deadline Extended to April 7

Yesterday marked the first day that USCIS began accepting new H-1B petitions for Fiscal Year 2009 for H-1B petitions for new employment start dates on or after October 1, 2008. Note that this year, USCIS has extended the filing deadline for these petitions to April 7, 2008. Petitions for new H-1Bs that are not submitted by this date may not be considered for employment in the U.S. until the last quarter of 2009. All H-1B petitions received between April 1 and 7 will be picked via a random lottery; petitions not selected in the lottery will be returned with their filing fees.

Please note that this deadline date does not apply to foreign nationals currently under H-1B status; these individuals are open to extend their status or change employers irrespective of the annual H-1B cap. In addition, individuals from Singapore and Chile are subject to a separate cap, which is currently open and will remain open through this fiscal year. Finally, some employers, such as non-profits connected to universities and some healthcare facilities are additionally exempt from the FY 2009 H-1B cap.