Does an employer have to show a profit to file for a new H1B?
Not necessarily, as the USCIS looks at the totality of evidence as to the viability of the petitioner, existence of the job opportunity, ability to pay issues, etc. It is advisable to consult an immigration attorney. Top 10) OPT and H1B Petitions I am on F-1 visa and my OPT (Optional Practical Training) EAD will expire on August 5, 2007. My employer is ready to file my H1B Petition when the 2008 quota opens. Can I continue to stay in the US and work during the gap period? You can remain in the US for 60 days after the expiration of your OPT, but you cannot work during that period. This 60 days grace period will take you beyond the start date of your H1B validity, i.e., October 1st. It is important to file your H1B as soon as possible after April 1st as the cap is expected to be met much sooner this year. Top 11) Quota Cap I am currently in the US on B-1 visa and my I-94 is valid until June 30th. A US employer is willing to file an H1B Petition for me to start employment on October 1st.