Question 1

When can I submit my H-1B lottery entry?

Accepted Answer

USCIS accepts electronic H-1B lottery registrations for the next fiscal year from mid-February to mid-March each year. Applicants must register during this period to participate in the lottery for that year, with the selection process typically concluding in the last week of March.

Question 2

When can I submit my H-1B application if I am selected in the lottery?

Accepted Answer

USCIS accepts H-1B applications for the first round of selected candidates from April 1 to June 30 each year. Missing this deadline will result in your application package being returned by USCIS, meaning you have forfeited your selection and H-1B opportunity for that year.

Question 3

Should I hire an attorney to apply for an H-1B, or can I apply on my own?

Accepted Answer

This depends on the individual. Some applicants have successfully applied on their own. However, due to the legal knowledge required, handling an H-1B application alone may increase the chance of receiving an RFE (Request for Evidence) or denial. Since an H-1B application is crucial, entrusting it to an attorney can provide peace of mind, especially if you’re unfamiliar with the process.

Question 4

Can small companies sponsor an H-1B visa?

Accepted Answer

Yes. H-1B sponsorship does not have specific requirements regarding company size, age, or profitability. As long as a company is legally established in the U.S. and operates normally, it can sponsor an H-1B visa.

Question 5

How long does it take to obtain an H-1B visa?

Accepted Answer

For non-premium processing, USCIS typically reviews applications in 2-4 months after submission. Applicants receive a receipt within 2-3 weeks and can track their case status. Premium processing provides a response within 15 business days, or the premium fee is refunded.

Question 6

What is an H-1B visa?

Accepted Answer

The H-1B visa is a non-immigrant visa for “specialty occupations” and fashion models of “distinguished merit and ability.” Holders can work in the U.S. on a long-term basis but must depart once the authorized stay ends. H-1B holders are not required to maintain a residence outside the U.S., and they may pursue permanent residency. For many international students, obtaining an H-1B visa is the first step toward permanent U.S. residency.

Question 7

What is the premium processing fee for H-1B?

Accepted Answer

The current premium processing fee for H-1B applications is $2,805.

Question 8

Can I submit an H-1B application and decide later if I want to use premium processing?

Accepted Answer

Yes. Applicants can submit an H-1B application and later decide to request premium processing if needed.

Question 9

Where should I send my H-1B application?

Accepted Answer

From April 1, 2024, all H-1B applications must be sent to the USCIS Lockbox, not directly to the service center. The address may vary depending on the employer’s location and whether premium processing is requested. Refer to USCIS’s website for mailing addresses: https://www.uscis.gov/i-129-addresses.

Question 10

Must I be in the U.S. when applying for an H-1B?

Accepted Answer

H-1B applications can be submitted from within or outside the U.S. If the employee wants to stay in the U.S. while changing to H-1B status, they must hold another lawful U.S. status when the application is filed.

Question 11

Can multiple employers submit H-1B applications for me?

Accepted Answer

Yes. An applicant can enter the lottery through multiple employers and, if selected by more than one, choose where to work.

Question 12

Does having multiple employers submit H-1B lottery entries increase my chances?

Accepted Answer

No. Since 2024, USCIS has implemented a “one person, one entry” lottery rule. Multiple entries from different employers do not improve selection chances.

Question 13

If I am awaiting an H-1B result and my current status expires, can I stay in the U.S.?

Accepted Answer

If you applied with valid U.S. status, you can stay in the U.S. while waiting for your H-1B result. However, working is usually not allowed, except in specific cases like OPT cap gap situations.

Question 14

Do I need to leave the U.S. to activate my H-1B after approval?

Accepted Answer

This depends on whether you applied for an in-country status change or consular activation. If you maintained lawful status throughout the process and do not need delayed activation, an in-country status change is possible. Consult an attorney for guidance on specific cases.

Question 15

If my spouse wants to change to H-4 status after my H-1B approval, what should we do?

Accepted Answer

If your spouse is in the U.S., they can file Form I-539 to change status. If they are outside the U.S., they need to apply at a U.S. consulate, similar to the B visa process.

Initial H-1B Application (including RFE)

The H-1B visa has a limited number of spots available each year, so a lottery is used to determine whether applicants can enter the formal application process.