Can my employer apply for h1 visa in January?

My prospective employer says that he will apply for my H1B on 1st Jan 2013.
I am currently in USA doing the probation period (unpaid) for the job on a B1 visa. However, now I read that visa is filed only starting 1st Apr.

It is a small enterprise with <10 employees. I have spent a lot of money in coming here and do not have any other offers in hand at the time.

I am concerned. I’m over-qualified for the job.
Is he stalling or lying? Please, someone guide me.

H1B Visa will be filed on 1 day of April every year till the cap is reached for that year.I don’t know if you are overqualified or not.

Thank you for the response.
I only mentioned over-qualified so that the question of whether I qualify or not does not arise.
What I’m worried about is that he claims he will file on 1st January. Is he actually serious or am I likely to be taken for a ride.
If you can shed any more light, I will really appreciate it.

H1b processing starts from april every year till 65000 are filed for that year.So it takes some time to collect and make all the documents for applying H1b in april.So may be your manager will start in january to make all the documents for filing H1B but H1b will be filed only on or after april 1st

Thank you.
I’m currently doing unpaid probation on a B1 but I have to go back before 1st April.
Is there any way I can work here while the visa is applied for?
Or is there any way to extend my stay till my visa gets approved.
It will be very kind of you if you could help me out with this doubt too or guide me to where I can clarify this.

I can’t comment on that.Please contact some consultant or visa agent.He will be able to clarify things.

Even if your employer applies for your H1 visa on April 1st 2013, you cannot work until Oct 1st 2013. The H1B visa authorizes you to work from Oct 1st only.