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Employment Visa

Each step has its own processing time, which often varies depending on several outside factors. Things such as the LCA processing time, the cap window, the business of your USCIS service center, and Requests for Evidence can all contribute to variances in the H-1B processing time. The better you understand your case, the more accurate you will be able to predict your processing time. This is why it is often best to hire an immigration attorney to help you along every step of the way.

Additionally, your employer can choose to file through premium processing, which will expedite the processing time for your petition. If not, then expect the H-1B processing time for the I-129 to be several months. This is dependent on several things such as how complete the petition is, how busy the USCIS service center is that received your petition, and the qualifications surrounding your qualifications and the qualifications of the position. Check for H1B Sponsorship Process in UT Evaluators

So, overall, the H-1B processing time is usually about six months, which is how long you will have to wait between filing and your work start date unless you are not being counted against the cap. Speak with your immigration attorney about cap-exempt petitions and how these cases differ from the usual processes.

LCA Processing Time

The LCA processing time for the form ETA 9035 usually takes about one week to process. However, if the Department of Labor finds any problems with your application, it may be rejected. Your employer will then be provided with a list of the issues that arose concerning your application. If your employer addresses these issues, the application can be resubmitted to the DOL.

Completing your LCA is generally best done before the H-1B season. This is because there is a very small window of opportunity to file the I-129 petition. It cannot be filed before April 1st, and the window closes after five business days if the cap is reached within that time.

Cap-Exempt Processing Time

There are obviously many benefits to filing a petition that is not subject to the 2020 H-1B cap, but a major advantage is the potential for a much shorter processing time. Not being subject to the cap means that your petition is also not subject to the time constraints placed on the cap. You do not need to wait until April 1st to file your petition and you do not need to wait until the first business day in October to start working.

Essentially, a cap-exempt petition works like most other nonimmigrant visas in that your processing time is however long it takes for the petition to be processed. This can either be around six months (depending on the service center and any RFEs) or 15 calendar days with premium processing. To know more info on H1B Visa check Quisicilia

Cap-Exempt to Cap-Subject

If you initially petitioned under a cap-exempt position (meaning that you were not counted against the cap), then you can transfer to another cap-exempt position normally. However, if you would like to transfer to a cap-subject position, your petition will need to be entered into the cap.

This means that the transfer petition will need to be filed on April 1st and you will not be able to work for the new cap-subject employer until October 1st, which would add a significant amount of time to your H-1B processing time.

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