As previously mentioned, the new H-1B filing season starts on April 1, 2007.  At that time, employers can file H-1B temporary (professional) worker petitions for all new workers (that is, workers who are subject to the Congressionally mandated cap of 65,000) requesting an employment start date of October 1, 2007 or later.  The H-1B cap will affect all NEW applicants for H-1B status, either as initial entry or as a change of status.  It will also affect those foreign nationals who are in H-1B status seeking to work with new non-exempt  H employers, but who are currently exempt from the H cap based on employment with a research institution, or affiliated organization.

Because the H-1B cap has been reached earlier each fiscal year, we are strongly recommending that anyone who will need a cap-subject H-1B for the Fiscal Year 2008 (Oct. 1, 2007 to Sept. 30, 2008) file as soon as possible after April 1.  Under the current laws, once the H cap is reached, you will not be able to obtain new Hs until April 2008 for October 1, 2008 start dates.
 
Please contact us as soon as possible to review plans for any potential new hires you may be considering.

Immigration News is an electronic publication of Parker Poe Adams & Bernstein LLP's Immigration Group and is mailed to our clients and friends. Our Immigration Practice Group regularly advises clients on matters involving immigration law. Immigration News is intended to inform its readers of current trends or changes in immigration law. It does not provide answers to specific legal problems.