If I am now currently on OPTwhich expires in 3 months anf my future employer will sponsor me for H-1 visa, are there any documents that I need to prepare?

Who is in charge of filing for H-1 visa? My future employer or me? Are there any documents that I need to prepare here to submit to USCIS, or from Korea. Do companies usually pay the application fee? Or that would be me? I would have to check with them directly first? How to check if there is any spot available for me to apply H-1 this year? What’s the H-1B stamping? That’s what I need to get as well?

Asked on July 23, 2012 under Immigration Law, Massachusetts


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The employer has to submit a H-1B visa petition on your behalf if they are offering you a position which qualifies for a H-1B and for which you also qualify.  You cannto file it on your own because it is an employer petition.  The employer is also responsible for payment of the filing fees to USCIS.  However, for the next fiscal year, the H-1B quota has already been reached.  Therefore, the earliest an employer could file a H-1B visa petition on your behalf would be April 1, 2013 for a start date of employment of no earlier than October 1, 2013, which would be the start of the following fiscal year when a new H-1B annual quota becomes available.

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