Mandi Law Group represents NYC employers and H1B workers needing attorney review in New York on employer filings, status maintenance, and attorney-led H1B case planning.
An H-1B petition is decided by USCIS, after the Department of Labor certifies the Labor Condition Application. Consultations are by phone, by video, or in person at 22 Century Hill Dr #101 in Latham, our only New York office. Fees are quoted before any work begins.
ATTORNEY ADVERTISING. This website is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome.
An H-1B petition usually comes down to one thing: resolve a live H-1B problem before it costs the worker their status. The first job is establishing where the case actually stands, from the documents, before deciding what to file.
The paperwork usually involved is I-129 and ETA-9035 (LCA). Each carries its own evidentiary standard, and a strong showing at one stage does not excuse a thin one at the next. Amendments are generally required before a material change in role or worksite takes effect, not after.
22 Century Hill Dr # 101, Latham, NY 12110. Call or request a consultation for New York City matters, employer strategy, and case planning.
We read the file first — I-129 and ETA-9035 (LCA), and the evidence behind them — and flag what is missing, inconsistent, or likely to draw a question while there is still time to fix it. A gap caught before filing costs far less to close than the same gap raised in a Request for Evidence months later.
An H-1B rests on two showings: that the position is a specialty occupation under 8 CFR 214.2(h)(4)(iii)(A), and that the worker holds the required degree or its equivalent. For employer filings, status maintenance, and attorney-led H1B case planning, that means deciding what to file, in what order, and what the record has to show before anything is submitted.
Amendments are generally required before a material change in role or worksite takes effect, not after. Every date in the matter is calendared, and you hear about what is due before it is due rather than after.
H-1B requests for evidence tend to cluster: specialty occupation, degree match, employer-employee relationship in third-party placements, LCA wage level, and maintenance of status. We answer the issue raised rather than resending the original petition.
What we charge for an H-1B petition depends on whether the matter is a cap registration, a transfer, an amendment, or an RFE response, and whether premium processing is used. You get the number at the consultation, in writing, with government filing fees listed separately so you can see what is a legal fee and what goes to the agency. Payment plans are available.
Our team works in English, Hindi, Urdu, Gujarati, and Swahili, and arranges interpreters for other languages. Consultations are by phone, by video, or in person at 22 Century Hill Dr #101 in Latham, our only New York office. Questions between filings go to the attorney handling the matter.
Legal fees depend on whether the matter is a cap registration, a transfer, an amendment, or an RFE response, and whether premium processing is used. Where the scope can be defined up front we quote a flat fee at the consultation, and payment plans are available. Government filing fees are set by the agency, change periodically, and are quoted separately from the legal fee so you can see both numbers before deciding anything.
Timing turns on cap season timing, the service center assigned, and whether premium processing is requested, so a single number would be misleading. USCIS publishes current processing times by form and office at egov.uscis.gov/processing-times, and we go through a realistic range for your specific facts at the consultation rather than quoting an average.
USCIS applies the criteria at 8 CFR 214.2(h)(4)(iii)(A): a bachelor's degree or higher in a specific specialty is normally the minimum requirement for the position, the degree requirement is common to the industry for parallel positions, the employer normally requires that degree for the role, or the duties are so specialized and complex that the knowledge required is usually associated with such a degree. A generalist job description that anyone could fill is the most common reason a petition fails this test. The worker separately has to hold the specific degree, an equivalent foreign degree, or a documented combination of education and experience.
Bring passport and I-94 record, every prior H-1B approval notice, the certified Labor Condition Application, recent pay records, and the RFE or denial notice if one has been issued. If anything has already been filed or received in connection with I-129 and ETA-9035 (LCA), bring those too, including the envelopes — the dates on a notice often decide what options are still open. Nothing has to be organized; we would rather see it as it is.
Read the notice for the specific issue and the deadline, both of which are printed on it. The common issues are whether the position is a specialty occupation, whether the beneficiary's degree matches that specialty, whether an employer-employee relationship holds up where the worker sits at a client site, whether the LCA wage level fits the duties described, and whether status was maintained. A response that resends the original petition with more attachments rarely helps. If the petition is ultimately denied, the next question is status: whether the worker is still in a valid period of stay decides whether a refiling or a departure is the realistic move.
AC21 portability allows a worker who is in valid H-1B status to begin employment with a new employer once a non-frivolous petition is filed on their behalf, rather than waiting for approval. Travel is riskier: leaving the country while a change of status request is pending can cause that request to be treated as abandoned, converting the case into one that has to be finished at a consulate. There is also a limited grace period after H-1B employment ends, and it runs from the last day of work rather than from the day the paperwork gets sorted out.
Not necessarily. This is general information, not legal advice. Immigration outcomes turn on your specific dates, documents, and history, and the rules change. Confirm how they apply to you with a licensed attorney before you file anything or let a deadline pass.
Helpful government resources for H1B filings, premium processing, and case tracking:
Reaching out doesn't commit you to anything. Here is exactly what happens when you contact Mandi Law Group.
Reach out by phone or through our contact form. Your first conversation is confidential, with no obligation to hire us.
Bring your documents and any notices you've received. We review your situation and explain your options in plain language.
You'll get a written fee quote before any work begins. Many matters are billed as a flat fee, and payment plans are available.
Once you decide to move forward and sign a retainer agreement, we begin working on your case immediately.
Call (518) 698-0347 or request a consultation. We will look at employer filings, status maintenance, and attorney-led H1B case planning, tell you what the realistic options are, and quote the fee before any work starts.
Disclaimer: This content is for informational purposes and not legal advice. Immigration law is fact specific and outcome dependent. Consult a licensed attorney about your individual situation.