New York H-1B Lawyer for Cap Filings, Transfers, and RFE Responses

Whether you write it H1B or H-1B, the underlying case is the same one: an employer petition under 8 CFR 214.2(h) that has to show the role genuinely requires a bachelor's degree in a specific specialty, and that you hold that degree or a recognized equivalent.

Most people arrive here with one of four situations: a cap registration coming up, a job change that needs a transfer, a Request for Evidence with a response deadline, or an extension tied to a pending green card case. Each has a different clock attached to it.

The H1B cap registration window typically opens in early March, with USCIS running an electronic lottery among registered candidates before the April 1 filing period opens for selected registrants. Petitions selected in the lottery generally must be filed within the assigned 90-day window, and the specialty occupation standard under 8 CFR 214.2(h) requires evidence that the position needs at least a bachelor's degree in a specific specialty and that the worker holds the qualifying degree or its recognized equivalent. RFE rates have stayed elevated in recent filing cycles, particularly for Wage Level I positions, computer-related occupations, and roles involving third-party placement or staffing arrangements, where USCIS frequently questions whether the position truly requires a specialized degree and whether a legitimate employer-employee relationship exists for the requested period.

For F-1 students on OPT or STEM OPT transitioning to H1B status, cap-gap rules automatically extend work authorization and status through September 30 if a timely cap-subject petition is filed and remains pending or approved for an October 1 start date. Once in H1B status, workers can generally change employers through H1B portability under AC21 as soon as the new employer's petition is properly filed, without waiting for approval, though continued work authorization depends on that filing being timely and non-frivolous. Material changes to job duties, worksite location, or employment terms typically require a new or amended H1B petition rather than a simple notice to USCIS. Workers with an approved I-140 immigrant petition may also extend H1B status beyond the standard six-year limit in one-year or three-year increments while a green card case is pending, which is often central to long-term planning for both employer and employee.

Where you are in New York changes little about the law and a lot about the logistics. Capital Region employers — hospitals, universities, state contractors, and the technology and semiconductor companies in Saratoga County — can sit down with us at 22 Century Hill Dr #101 in Latham. New York City employers and workers handle the whole matter by phone, video, and secure document exchange, which works because USCIS adjudicates Form I-129 at a service center by mail and the Department of Labor certifies the LCA online; nothing in an H-1B case requires anyone to visit a government office in person unless a consular visa stamp is needed abroad.