With April 1st two weeks off, we are once again dealing with the H1b filing window for the new fiscal year (2011). The USCIS allows employers to file petitions for qualified current and prospective employees up to six months before the start of the proposed H1b employment period. Since the new quota takes effect on October 1st, the earliest employers will be able to file petitions will be April 1st.

As a result of a recent change in Department of Labor (DOL) procedures, anyone wishing to file by April 1st will have to begin the process about ten days earlier than that date. The DOL now requires all labor condition applications (LCAs) to be processed through their revised iCERT portal. Unlike previous years when responses were certifications were issued almost immediately, the revised system takes about a week between filing and certification. Since the USCIS will not accept an H1b petition without a certified LCA, this means that petitioners need to file their LCAs more than a week prior to April 1st.

Last year, for the first time in three years, the quota was not exhausted on the first day of filing. Indeed, it remained open through mid-December. There are many theories as to why this was so. Some feel that the fewer number of H petition filings resulted from the slow economy. Others feel that it was due entirely to the perceived USCIS crackdown on H1b petitions. Most feel that it was a combination of both of these factors.

Toward the end of the last H1b filing period, we saw a substantial increase in filings on a weekly basis, until the quota was exhausted. We believe that this will be the case in this new filing period. While we do not expect to see the quota exhausted in the first days or even the first two weeks, we also do not expect to see it remain open very long.

Compared to last year, we have already seen a substantial increase in the number of petitions our clients wish to file, starting April 1st. We do not believe that our office is unique in this regard. We fully expect to see substantially more initial filings on April 1st, without the slowdown that occurred last year, after the initial rush.

Many prospective petitioners have expressed concerns about the new USCIS H1b requirements. We do not have any "one size fits all" magic remedies. We have, however, been very successful working with our clients to develop unique solutions to their problems - solutions that have generally proven to be successful.

Employers wishing to discuss having us work with them on their H1b filings are welcome to call our office (818-914-6482). We do not charge for talking to people about possible representation. Also, once we undertake representation, we never charge any additional fees for talking to the employers and employee we represent when they have questions or need clarification.