How to convince employer to file H1B on Apr 2013 itself?

Hi Saurabh,

Here is my scenario. I am on H4 and planning to apply for H1B FY2014. I was shopping around various companies and consultancies. One reputed american consultacy contacted me and they said, they are ready to sponsor my H1B. But they will be able to do it only on June-July 2013 period based on the cap The reason they are saying is, none of their clients will be ready to hold a candidate for 6 months (till October 1st). This conultancy is pretty good and we can rely on them. I really want to be a part of this firm. But I am sure that if I wait till June/July,cap will be over and probability of missing chance is high. I discussed this matter with them. They say we don’t have to worry about what is not in our hand.

Here are my questions:

  1. Is there any way I can convice them to file the petition on April?

  2. Without an LCA from a proper client can’t we file the petition? Even if we file it, will it get rejected? I understand the chances of RFE is very high. But buy that time can I find a client offer and clear the RFE? Is there any other way to make it possible?

  3. Can reputed company like X hold an employee infront of their client for 6 months(provided I get the visa approval on apr/may)

  4. What is the best way to process it regular/premium. What I meants is we go with the regular processing, will it somehow lag the entire process say around 2 or 3 months and with that I can convince the client?

  5. Should I wait till June/July?

6.Do I need find out another consultancy? You know how hard it is.

Please help me.Thanks in advance


  1. You can tell them that you will definitely miss out on the cap if they wait till June. You can also tell them to file the papers in April w/o client/project information, and if USCIS issues RFE they can submit it later.

  2. They can decide the location to the best of their knowledge and file LCA for that location. Later if they find client at another location, they can file new LCA and submit that as part of RFE response (if RFE is issued) or H-1 amendment (if no RFE is issued and petition gets approved).

  3. Usually clients do not wait for 6 months

4.I would suggest regular processing to start with until you have clarity on the client. Once that is finalized and Oct approaches, you can upgrade it to PP to get the deicsion by Oct 1.

  1. You may miss out on the cap

  2. If they are not willing to file until July, then you need to find another company as a back-up.

Thanks a lot for the answers. I will discuss with them once again.