The job has to fit the category
The H-1B is built for specialty occupations, which in practice means the position generally has to call for a degree in a specific field and your education, or an accepted equivalent in experience, has to match it. Job titles carry little weight on their own; the actual duties, the wage level, and how the employer normally fills the role are what get examined. Before the petition reaches USCIS, the employer files a Labor Condition Application with the Department of Labor promising to pay at least the required wage. Many employers face an annual cap with an electronic registration and a selection now weighted by the offered wage level, while some, such as many universities and certain research organizations, are outside it. The selection method and the fees have both changed more than once in recent seasons, so the current rules should be confirmed for your filing year.
Papers worth keeping in order
Keep copies of your diplomas, transcripts, and any credential evaluation, along with every I-94 record, approval notice, and prior visa. If your degree field does not obviously line up with the job, letters describing past duties in detail often carry more weight than a resume. Pay stubs matter after approval too, because unpaid time between projects at the employer's choice is generally a wage problem on the employer's side. Some petition costs legally belong to the employer and cannot be shifted to you. Ask for a copy of what is filed on your behalf so you can check that the job description matches what you actually do.
When the job or the plan changes
A layoff does not usually end your options on the same day; there is a limited grace period in which a new petition, a change of status, or a departure can be arranged. A worker already in H-1B status can often start with a new employer once the new petition is filed, though the details deserve checking before you resign. Because the H-1B allows you to pursue permanent residence at the same time, many people raise the green card question early. When we first talk, we look at your status history, the employer's role, and whether anything in your record needs explaining before a filing goes in. We also tell you plainly where the employer's lawyer represents the company rather than you.
