H-1B Visa Start Date

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natndanNew Member
Topic author
Posts: 2
Joined: 15 Apr 2009

H-1B Visa Start Date

Post Wed May 27, 2009 12:42 pm

I have recently accepted a job as a Branch Manager for a glass company in New Hampshire. I'm trying to help them with my H-1B visa petition and determine an employment start date. I'm getting conflicting information and unfortunately, the 1-800 # that I can find for USCIS does not work from Canada. We're late May and I need to know if the start date must be a minimum for 6 months from the date of application (i.e. November) or can it still be October 1 even though the I-129 is being filed in May?

As far as the requirements go, I'm pretty sure the H-1B visa is going to be the route for me. I do have a Bachelor's degree in Business Administration along with over five years experience in application and management specializing in the glass industry.

A TN-1 would've been awesome and I could've started in a couple of weeks. Luckily the company is willing to wait for the H-1B visa as the company I worked for has exactly the same business model as the company I'm going to work for. Am I being overly prudent in not attempting to apply for TN status so that I don't mess up my chances of getting an H-1B approved? Or, should I try it and if that doesn't work, then apply for the H-1B.
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MCCanuckAbroad VIP
Posts: 364
Joined: 25 Nov 2008

Re: H-1B Visa Start Date

Post Fri May 29, 2009 5:58 pm

Sounds like you are right on target with the H1B as this position definitely appears to be an H1B Specialty Occupation to me. You won't get a TN-1 for this position unless CBP screws up really bad at the border.

Don't even bother trying for a TN since this is an H1B position.
MC
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natndanNew Member
Topic author
Posts: 2
Joined: 15 Apr 2009

Re: H-1B Visa Start Date

Post Tue Jun 02, 2009 4:50 am

Now if only I could figure out if I can start October 1 or have to wait 6 months, that would be awesome.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: H-1B Visa Start Date

Post Tue Jun 02, 2009 9:35 am

The H-1B quota hasn't been hit yet, so as soon as it's approved you should be able to start work.
Steve.
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treatheartNew Member
Posts: 3
Joined: 14 Jan 2009

Re: H-1B Visa Start Date

Post Wed Jun 10, 2009 7:37 am

I think you have to wait until Oct 1 2009. If the 2009 H1B cap hasn't been reached (which it has) - then you could start right after approval. Applications are being accepted for the 2010 H1B since April 1st 2009 which gives you work authorization on October 1 2009 -the beginning of the 2010 fiscal year.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: H-1B Visa Start Date

Post Wed Jun 10, 2009 10:01 am

Yeah that's right, sorry, it's the FY2010 cap that hasn't been reached yet.
Steve.
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