Do not file too early for H-1B!

In other blog posts here, I have explained the significance of October 1 and of April 1 for those of you who seek H-1B status, and who also are subject to the H-1B cap.

In this post, I want to emphasize that while filing early is important (that is, such that the government gets your petition on April 1 or as soon as possible after that date), filing too early, that is, prior to April 1, for an October 1 start date, will doom you.

In particular, if you are using an express courier such as Federal Express or UPS, I strongly suggest that your  employer avoid being "cute" by saving money on a second-day or third-day delivery option. Rather, pay the extra money, mail it the day before April 1 so that it does arrive April 1, and not before.

Why do I make this statement? Suppose  your employer instead mails two days before April 1 and specifies the second day option. Or, suppose your employer mails three days before April 1 and specifies the third day option. Suppose also that the employer is thinking that in both cases, the package will arrive no earlier than April 1.

In both cases, however, the danger exists that the courier might still be able to deliver the petition early, that is, prior to April 1. In this case, because by law you may request a starting H-1B date a maximum of six months in advance, the government will deny your petition. They will do so because any date before April 1 is more than six months before October 1.

When a courier says "second day" or "third day" delivery, that courier most likely does not mean the package can be delivered only on the second or third day respectively, and no earlier. Rather, it refers to the latest delivery time. If a courier has the ability, quite likely that courier will deliver early.

For this reason, your best option to mail the day before, with next day delivery, assuming that next day is in fact the earliest possible delivery time. Trying to save a few dollars is not worth the risk of a denial due to an early filing.

You are welcome to contact me at csun@calvinsun.com