Hello,

I am currently living outside the U.S. and have a job offer to start working with a future employer in the U.S. This employer will be sponsoring me for a cap-subject H-1b visa.

I would like to start working there on December 1, 2010.

I understand that the I-129 has to be filed 6 months prior to the employment start date. This would be June 1, 2010.

My concern is, however, that the cap might be reached before then and therefore would like to file it on April 1, 2010.

Must I therefore start employment as of October 1, 2010? Must I be physically present in the U.S. on this date?

I heard somewhere that I can take up to 6 months to come in on the H-1B visa that I will obtain at the U.S. consulate.

Is there any room for flexibility here?

Best regards