Can I change employers while on an H-1B visa?

Yes, through H-1B portability provisions. Your new employer must file a new H-1B petition on your behalf, and you can begin working for the new employer as soon as the petition is filed with USCIS, without waiting for approval. The new employer must also file a new Labor Condition Application certifying proper wages and working conditions.

What happens if my H-1B petition is denied?

If denied, your employer may file a motion to reopen or reconsider with USCIS, or appeal to the Administrative Appeals Office. If you are currently in the United States in H-1B status from a prior petition, the denial of a new petition does not automatically affect your existing status. If you have no other valid status, you may need to depart or change to another visa category.

Can my H-1B be extended beyond six years?

Yes, under the American Competitiveness in the Twenty-First Century Act (AC21). If your employer has filed a PERM labor certification or I-140 petition at least 365 days before your six-year limit, you can receive one-year extensions. If you have an approved I-140, you can receive three-year extensions until your green card priority date becomes current.

Is my spouse allowed to work on H-4 status?

Certain H-4 spouses are eligible for employment authorization. To qualify, the H-1B principal must have an approved I-140 immigrant petition or be in the process of extending H-1B status beyond six years under AC21 provisions. The H-4 spouse must separately file Form I-765 for an Employment Authorization Document.

What if I am not selected in the H-1B lottery?

Alternative options include O-1 visas for individuals with extraordinary ability, L-1 visas for intracompany transferees, cap-exempt H-1B positions at universities or research institutions, TN visas for Canadian and Mexican citizens under USMCA, E-2 treaty investor visas, or enrollment in a degree program to maintain F-1/OPT status while trying again the following year.

H-1B Visas Attorneys

Experienced legal representation for h-1b visas matters across all 50 states.

Request a Consultation Call: 1-844-6-NWIND-1 (1-844-669-4631)

479,953

H-1B Registrations Received (FY 2025)

Source: USCIS

85,000

Annual H-1B Cap (Regular + Advanced Degree)

Source: USCIS

~89%

H-1B Approval Rate (FY 2023)

Source: USCIS H-1B Employer Data Hub

$118,000

Average H-1B Salary (FY 2023)

Source: USCIS H-1B Employer Data Hub

About H-1B Visas

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring at least a bachelor's degree or equivalent in a specific field. Governed by Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, the H-1B program is one of the most sought-after pathways for skilled professionals to work in the United States. Common H-1B occupations include software engineers, data scientists, financial analysts, architects, physicians, university professors, and other professionals whose positions require specialized knowledge.

The H-1B program operates under an annual cap of 65,000 visas for regular applicants, with an additional 20,000 visas reserved for beneficiaries holding a U.S. master's degree or higher (the "advanced degree exemption"). Certain employers, including institutions of higher education, nonprofit research organizations, and government research organizations, are exempt from the cap entirely. Due to overwhelming demand, USCIS conducts an annual electronic registration lottery to select which petitions will be accepted for processing. In recent fiscal years, registrations have exceeded 700,000 for just 85,000 available slots, resulting in selection rates below 15 percent.

H-1B status is initially granted for up to three years and can be extended for a maximum of six years. Workers who have begun the green card process through an approved PERM labor certification or I-140 petition may be eligible for extensions beyond the six-year limit under the American Competitiveness in the Twenty-First Century Act (AC21). The H-1B visa also provides derivative H-4 status for spouses and children, and certain H-4 spouses may be eligible for employment authorization. Employers must pay H-1B workers the higher of the actual wage or the prevailing wage for the occupation in the geographic area, as certified by the Department of Labor through the Labor Condition Application (LCA) process.

Why You Need a H-1B Visas Attorney

The H-1B visa serves as a critical bridge between temporary work authorization and permanent residence for hundreds of thousands of skilled professionals. For many workers, particularly those from countries like India and China facing long green card backlogs, H-1B status is the only viable way to remain and work in the United States while waiting years or even decades for a green card priority date to become current. Losing H-1B status due to a layoff, denial on extension, or failure to maintain compliance can force skilled workers to leave the country within 60 days, disrupting careers, families, and the businesses that depend on them.

The highly competitive lottery system means that even highly qualified candidates may not be selected, forcing employers and workers to explore alternative visa categories or delay hiring plans. Regulatory changes and increased scrutiny under various administrations have led to higher RFE and denial rates, making proper petition preparation more important than ever.

Common H-1B Visas Cases

Initial H-1B Cap Registration & Petition

Submitting electronic registrations during the annual lottery period, and upon selection, filing the full H-1B petition with supporting documentation within the 90-day filing window.

H-1B Extension of Stay

Filing to extend H-1B status beyond the initial three-year period, up to the six-year maximum, or beyond six years under AC21 provisions for those with pending green card applications.

H-1B Transfer (Change of Employer)

Allowing H-1B workers to change employers through portability provisions, where the worker can begin employment with the new employer upon filing of the transfer petition.

H-1B Amendment

Filing amended petitions when there are material changes to the terms and conditions of employment, such as a change in worksite location, job duties, or salary.

Cap-Exempt H-1B Petitions

Petitions filed by qualifying employers such as universities, teaching hospitals, and nonprofit research organizations that are not subject to the annual numerical cap.

H-1B After Layoff or Termination

Advising workers who have lost H-1B employment on the 60-day grace period, options for transferring to a new employer, changing status, or departing the country.

H-4 EAD for Dependent Spouses

Assisting H-1B holders' spouses in obtaining employment authorization under the H-4 EAD rule, available to spouses of H-1B workers who have approved I-140 petitions or are in the AC21 extension period.

RFE and NOID Response

Preparing comprehensive responses to Requests for Evidence or Notices of Intent to Deny, addressing specialty occupation qualifications, wage levels, or employer-employee relationship concerns.

Typical H-1B Visas Case Timeline

Prevailing Wage Determination

2-6 months (if employer files with DOL)

The employer obtains a prevailing wage determination from the Department of Labor's National Prevailing Wage Center to establish the minimum salary for the position.

Electronic Registration (Cap Cases)

March (annual window)

Employers submit electronic registrations during the designated registration period, typically in early March, for the following fiscal year's cap.

Lottery Selection & LCA Filing

2-4 weeks after selection

Selected registrants file a Labor Condition Application with DOL (certified in about 7 days) and prepare the full H-1B petition for submission.

Petition Filing & Adjudication

3-6 months (or 15 business days with premium processing)

Filing the complete H-1B petition with USCIS, including all supporting documents. Premium processing is available for an additional $2,805 fee.

Visa Stamping (If Abroad)

2-8 weeks

If the beneficiary needs to enter the United States, they attend a visa interview at a U.S. consulate for H-1B visa stamp issuance.

Employment Begins

October 1 (cap cases)

Cap-subject H-1B employment can begin on October 1, the start of the fiscal year. Cap-exempt and transfer cases can begin upon approval or filing.

Know Your Rights

Your employer must pay you at least the higher of the prevailing wage or the actual wage paid to similarly employed workers, as required by the Labor Condition Application.
Your employer cannot require you to reimburse H-1B filing fees or penalties if you leave before the end of the H-1B period.
You have a 60-day grace period after employment ends to find a new H-1B sponsor, change to another status, or depart the United States.
You can transfer your H-1B to a new employer and begin working for the new employer as soon as the transfer petition is filed (H-1B portability).
Your employer must provide you with a copy of the Labor Condition Application and make it available for public inspection.
If you are laid off, your employer is responsible for the reasonable cost of your return transportation to your home country.
You have the right to file a complaint with the Department of Labor's Wage and Hour Division if your employer violates H-1B wage or working condition requirements.

What to Look for in a H-1B Visas Attorney

When selecting an attorney for H-1B matters, prioritize experience with your specific occupation and employer type. The specialty occupation analysis differs significantly between technology, healthcare, finance, and academic positions. Ask how many H-1B petitions the attorney filed in the most recent cap season and what their selection-to-approval rate was. An effective H-1B attorney should be well-versed in prevailing wage determinations, Labor Condition Application requirements, and strategies for overcoming common RFE issues such as specialty occupation challenges and employer-employee relationship questions. For cap-subject petitions, the attorney should have a clear plan for the lottery registration process and backup strategies if the initial registration is not selected. Verify that the attorney stays current on regulatory changes, as H-1B policies shift frequently between administrations.

Questions to Ask Your H-1B Visas Attorney

1What is my realistic chance of being selected in the H-1B lottery, and what backup visa options exist if I am not selected?
2How will you determine the correct specialty occupation classification and wage level for my position?
3What is your strategy for responding to RFEs, particularly regarding specialty occupation and employer-employee relationship challenges?
4Can you help with H-1B extensions beyond the six-year limit under AC21 if my green card process is started?
5What happens to my H-1B status if I am laid off, and how quickly can you file a transfer to a new employer?
6Is my spouse eligible for H-4 EAD work authorization, and how long does that process take?
7What are the total costs broken down by employer-required fees versus optional premium processing?

Understanding H-1B Visas Legal Costs

H-1B costs are divided between employer-paid and employee-eligible expenses. The employer is legally required to pay the base filing fee ($1,710 for employers with 25+ employees), the fraud prevention and detection fee ($500), and the ACWIA education and training fee ($750 for small employers or $1,500 for employers with 26+ employees). The employer must also pay attorney fees, which typically range from $2,500 to $6,000 per petition. Premium processing costs an additional $2,805 and may be paid by either the employer or employee. Certain employers subject to the 50-percent H-1B dependent threshold pay an additional $4,000 fee. Total employer costs per H-1B petition, including legal fees, typically range from $5,000 to $15,000. The beneficiary generally covers visa stamping fees and travel costs for consular processing.

Key Legal Terms

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

H1B Visa or Work-Based Green Card: Which is Easier?

Hacking Immigration Law, LLC

H-1B Visa Process Explained

Stilt Inc.

What Happens If You Lose Your H-1B Job?