In recent years every year the quota of H-1B runs out for the fiscal, some earlier, some later. In 2007, the H-1B quota was all gone on 04/01/2007, the first day that USCIS started to accept applications. Last year, the H-1B quota ran out in June of 2012. With the economy picking up, the quota this year may run out before June.
A prerequisite of filing H-1B petition is to have a certified Labor Condition Application (LCA) with the Labor Department. If there is no undue delay, it normally takes a few days for the Labor Department to certify the LCA. Given that there is LCA processing time, it may be a good move to start the LCA process before April 1st.
One of the rules of LCA is that you cannot submit a LCA more than six months before the beginning date of period of intended employment. So filing LCA earlier in March will make the employment starting date in LCA be in September. And the expiration date can be no more than 3 years from starting date. So the H-1B worker will lose a few days on the back end of the term.
However, weighing the risk of running out of quota and losing a few days, it is worth it to start the LCA earlier before April 1st. For questions in this regard, please consult our feature attorney.
