H-1B problems are almost always timing problems. A transfer filed a week late, an amendment filed after a worksite change instead of before, an extension left until the last month. We handle the filing calendar so status does not lapse while the paperwork catches up.
It complements the existing H-1B attorney page with a cleaner lawyer-intent match and deeper support for searchers looking for filing help, transfer strategy, or RFE response.
ATTORNEY ADVERTISING. This website is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome.
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.
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Recent Requests for Evidence concentrate on Wage Level I positions, computer and IT job titles, and third-party placement, where USCIS questions whether the role really requires a specialty degree and whether the employer keeps control of the work. Those are answerable, but the answer has to be built from the job itself rather than from boilerplate.
It helps the site rank across H1B lawyer, H1B visa lawyer, and New York-specific short-form queries without depending only on one attorney page.
The copy speaks to people with a live filing need, transfer issue, or RFE problem, which is the audience most likely to contact counsel.
H-1B rarely stands alone. Cap-gap for students moving off OPT, portability under AC21 when changing employers, and extensions past the six-year limit once an I-140 is approved all interact. We plan the sequence rather than treating each filing as a separate event.
Legal fees depend on whether it is a cap case, a transfer, an extension, or a Request for Evidence response, and on how much of the record has to be rebuilt. Government filing fees are set by USCIS, vary with employer size, and are separate from the legal fee. Both numbers are quoted in writing at the consultation, and payment plans are available.
Yes. Transfer timing, role changes, wage issues, and worksite updates all need careful review. Those situations often benefit from precise documentation and strategy before filing.
Usually yes. Under H-1B portability, a worker who was lawfully admitted and has a pending or approved petition can generally begin work for a new employer as soon as that employer properly files, without waiting for approval. That depends on the filing being timely and non-frivolous, so the sequence and the dates matter.
Common triggers include cap filing season, transfer deadlines, RFEs, amendments after a role change, extension timing, and coordination with green card planning.
Recent RFE trends concentrate on Wage Level I job postings, computer and IT-related job titles, and third-party placement or staffing arrangements, where USCIS often questions whether the role genuinely requires a bachelor's degree in a specific specialty and whether the employer maintains sufficient control over the work assignment. Building a strong record on the specialty occupation standard and the employer-employee relationship before filing reduces this risk substantially.
In most cases, yes. Under H1B portability rules, a worker with a pending or approved H1B who has been lawfully admitted may begin working for a new employer as soon as that employer properly files a new H1B petition, without waiting for USCIS to approve it. The prior employment must be lawful and the new filing must occur before the worker's authorized stay expires, and if the new petition is later denied, work authorization for that employer ends.
No. It is informational only. Eligibility and filing strategy depend on the specific employer, role, and immigration timeline involved.
Helpful government sources for H1B filings 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.
Use a consultation to review deadlines, eligibility, employer documents, and case strategy before a preventable problem slows the filing down.
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.