The importance of advance Planning for H1B filings:
Employers who intend to file H1B petitions for cap-subject workers should start the process ahead, if possible. There can be many documents required to prepare an H1B case, and there is always a variety of details in each case. If a case is begun in advance, it can proceed in a careful, less stressful manner.
Employers should, at a minimum, identify those employees who will need to have H1B cases filed in order to continue employment. Typically, these are employees working in optional practical training (OPT). Other common situations in which continued employment requires cap-subject filings include L1B employees who are reaching the five-year limit in their L-1 status, as well as L-2 spouses who may need or desire to hold independent status.
Foreign nationals who will require cap-subject H1B filings should approach their H1B employers regarding this matter, if they have not already done so. It is important to establish whether or not one’s current employer is willing to sponsor the H1B petition. If they are not, it may be time to seek alternative employment. The earlier one determines the current or potential employer’s position, the better it is for planning purposes, and if other options are to be considered. Additionally, employers may be more receptive if they have enough time to weigh any factors they wish to consider.
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