H-1B Visa Attorney for Medical & Tech Professionals

The H-1B visa has an annual cap of 65,000 visas, with an additional 20,000 visas available for individuals with U.S. master's degrees or higher. Due to high demand, USCIS conducts a lottery system each year to select which petitions can be filed.

Regular H-1B processing can take 2-6 months. Premium processing is available for an additional fee and guarantees a decision within 15 calendar days. Processing times vary based on USCIS workload and case complexity.

If you're already in H-1B status and file an extension before expiration, you can continue working for up to 240 days while the extension is pending. New H-1B applicants cannot work until the petition is approved and the start date arrives.

The position must require a bachelor's degree or higher in a specific field, and you must possess the required education or equivalent experience. The job duties must be complex enough to require specialized knowledge typically associated with a bachelor's degree.

If your H-1B registration was selected, your employer typically has 90 days from the selection notice to file the complete petition. We recommend contacting your employer's HR or legal department to understand their timeline and any delays. If you're concerned about missing the filing deadline, we can help facilitate communication with your employer or step in to prepare the petition quickly. Time is critical after lottery selection, so it's important to act promptly to ensure your petition is filed before the deadline expires.

Your spouse can apply for H-4 Employment Authorization Document (EAD) if you're the principal H-1B holder and either: (1) you have an approved I-140 immigrant petition, or (2) you've been granted H-1B status beyond the sixth year based on a pending or approved green card petition. The H-4 EAD application (Form I-765) can be filed concurrently with the H-4 status application or separately if your spouse already has H-4 status. We handle the complete process, including documentation and filing to help your spouse obtain work authorization.

Corporate restructuring can significantly impact your H-1B status depending on the nature of the changes. If there's a merger, acquisition, or change in corporate structure, an amended H-1B petition may be required to reflect the new legal entity. If your job location, duties, or salary change substantially, you'll also need an amended petition. Most importantly, if your employment is terminated, your H-1B status ends and you typically have a 60-day grace period to find new employment, file for a change of status, or depart the U.S. We can quickly assess your specific situation and help you maintain lawful status throughout corporate changes.