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I have graduated from school and am now working for a large company who are going to sponsor my quest for a work visa.

Newport, RI |

Do I have to wait for April to apply for the lottery process or can this be processed right away?

Attorney Answers 4


  1. Your company should file the H1B petition on April 01. The requested employment validity date will be October 01.

    You should be directing these questions to your company's attorney, who is compensated by the employer to answer these questions. if the attorney is completely non-responsive, bring it to your employer's attention.


  2. If you are talking about an H-1B visa and the employer is not cap-exempt, they will have to wait until April 1st to submit you petition. Please see

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. The proper way to initiate that is to have the sponsoring company's immigration attorney review and analyze all necessary documents in order to advise you on your eligibility further.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  4. Talk to the company's immigration lawyer.

    OPT might be a possibility

    They might be cap-exempt.

    Talk to the company's immigration lawyer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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