The 3 most common mistakes you need to avoid when filling the H1B cap 2018 – Move To America
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The 3 most common mistakes you need to avoid when filling the H1B cap 2018


The H1B visa is an employment-based, non-immigrant visa category for all temporary workers. To get qualified for this visa, an employer must offer an available job and then; the applicant can apply for the H1B visa petition with the U.S immigration department.

Since the FY 2018 H1B cap filling session has arrived, along with it, also come some real challenges that employers of U.S immigration department  have to face. The first one is related to the wrong date or time of Filling H1B petition. And also, filling it in a wrong way.  It is expected that the H1B will run out in the first week of April 2017. So, have a look at some of the most common mistakes applicants often do in order to avoid them and have higher chances to get qualified.

  1. Too little job description

Since the H1B visa category is only for people who perform at a “specialty occupation”- this means in an occupation that requires at least a bachelor’s degree in the specific field of study, this must be specified at the petition too. Writing only your job title doesn’t necessary prove you’re qualified enough for this visa. That is, the job description MUST clearly demonstrate that the offered job position by the U.S employer, qualifies as a specify occupation.

  1. Not properly determining the previous H1B status

This is the second most common mistake EMPLOYERS tend to do. When looking to hire a foreign worker who has previously been in a H1B status, then, the employer must clearly determine whether or not this foreign worker has been counted towards H1B cap.  In the cases when the foreign national has previously maintained the H1B status through an exempt employer or position, he may not been counted towards H1B cap!

  1. Incorrect data

All entries made on the Form I-129 are very critical. It happens all the time that employees commit some fatal errors while entering their details. For example, errors related to start date, wages, etc.  FY 2018 begins on OCTOBER 1, 2017. If the employer requests a start date before this date, in the Form I-129, the petition will automatically be rejected! All petitioners must verify that their H1B cap petition is being correctly filled and must seek a start date no earlier than October the 1st 2017.

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