The fiscal year 2012 (FY12) H1B cap filing season opened last Friday, April 1, 2011. The significance of April 1st is that it is six months in advance of the start date of FY12, which is October 1, 2011. H1B cases can be filed six months prior to the requested employment start date. Thus, while cap-subject cases can be filed on April 1, 2011 the new H1B employment cannot begin earlier than October 1, 2011.

The H1B cap is often misunderstood and it is wrongly assumed by many that their cases must be filed under the H1B cap. 

The expectations for FY12 are in line with what occurred during the FY11 cap season. The FY11 cap was reached slightly more than two months prior to the start of the FY12 cap season. Employers who need to file for their potential H1B employees may contact the Chaudhary Law Office for assistance. The economy is still struggling and the USCIS is tough when it comes to issuing H1B petition approvals for many employers.

Chaudhary Law Office prepares and files many successful H1B cases for our clients. Since there is no way to predict the length of the cap season accurately, preparing and filing one's case as early as possible provides the best chance for consideration for this cap season.