Resources
Frequently asked questions
Short answers, each linking to the full guide. Not legal advice.
Lottery
What are my chances in the H-1B lottery now?
Since the FY2027 season, registrations get 1 to 4 entries depending on the job's wage level. DHS projected roughly 15% for Level I up to about 61% for Level IV. Real results depend on how many people register at each level. Read more →
Can I register for the lottery myself?
No. Your prospective employer submits the registration and pays the $215 fee. Read more →
Do multiple employers registering me improve my odds?
No. Since FY2025 selection is by person, not by registration. If you're selected, each employer that registered you can file. Read more →
I wasn't selected. What now?
Common options include staying on STEM OPT for another try, a cap-exempt employer, further study, an L-1 after a year abroad with a multinational, or an O-1. Talk to an attorney before choosing. Read more →
Fees
Do I have to pay the $100,000 H-1B fee?
It isn't being collected: a federal court vacated the policy in June 2026 and the appeals court declined to pause that ruling. The government's appeal is pending, and the fee mainly targeted new petitions for workers abroad. Read more →
Can my employer make me pay H-1B fees?
The employer must pay the petition-related business costs, and by law the ACWIA training fee and the fraud fee. Visa stamping costs often fall on you. Read more →
Work
I've been laid off. How long can I stay?
Usually up to 60 days after your last day of employment, or until your I-94 ends if sooner, to find a new employer, change status or leave. Note: DHS proposed removing the grace period on September 11, 2026; it is not final, so today's rules still apply. Read more →
When can I start at a new employer?
Under H-1B portability, generally as soon as USCIS receives the new employer's petition, if you're in status. Read more →
Can I freelance or drive for a ride-share app on an H-1B?
No. An H-1B only authorizes work for your petitioning employer. Passive investing is generally fine. Read more →
What happens after six years on H-1B?
You can recapture time spent abroad, and extend one year at a time if PERM or an I-140 was filed 365+ days earlier, or three years at a time with an approved I-140 and a backlog. Read more →
Family
Can my H-4 spouse work?
Only with an H-4 EAD, available once the H-1B spouse has an approved I-140 or an AC21 extension past six years. Read more →
Is the H-4 EAD being cancelled?
It's on DHS's regulatory agenda as a long-term item, but as of September 2026 there's no proposed rule. Current EADs remain valid. Read more →
Will my EAD be automatically extended while the renewal is pending?
Not for renewals filed on or after October 30, 2025. File up to 180 days before expiry. Read more →
Will my child age out before our green card?
It depends on the CSPA calculation: age when a visa becomes available (Final Action chart, since Aug 15, 2025) minus the time the I-140 was pending. Read more →
How can my parents visit?
On a B-2 visitor visa applied for in their home country, with an in-person interview. Stays of up to six months are common. Read more →
Travel
Can I still use the dropbox for my H-1B stamp?
No. Since September 2, 2025 interview waivers are no longer available for H-1B and H-4, and you must apply in your country of nationality or residence. Read more →
My visa stamp expired. Am I out of status?
No. Your I-94 and approved petition control your stay. You only need a new stamp to re-enter after travel. Read more →
Green card
What is my priority date?
Usually the date your PERM was filed. It's your place in the green card queue. Read more →
Final Action or Dates for Filing: which chart applies to me?
Final Action decides approval. Dates for Filing can let you file an I-485 early when USCIS says it accepts that chart for the month. Read more →
Why is my wait longer than my colleague's?
The 7% per-country limit is based on country of birth. People born in India and China face far longer queues. Read more →
Will I really wait 179 years?
That NFAP figure is a projection for a new Indian EB-2 filer under current law, not a personal prediction. People leave the queue and laws can change. Read more →
If I change jobs, do I lose my green card progress?
You usually keep your priority date if your I-140 was approved, but the new employer normally restarts PERM. After 180 days with a pending I-485 you may be able to move under AC21. Read more →
Should I downgrade from EB-2 to EB-3?
Sometimes EB-3 moves faster for India or China. A second I-140 keeps your original priority date, and many people keep both. Read more →
Do I qualify for EB-1?
EB-1A needs a major award or at least 3 of 10 criteria plus sustained acclaim; EB-1B and EB-1C have their own tests. It's much faster for India and China. Read more →
Does an NIW shorten my wait?
No. It removes the need for an employer and PERM, but you wait in the same EB-2 line for your country. Read more →
Money
Am I a US tax resident?
Most H-1B workers are, under the substantial presence test. Your first year may be dual status. Read more →
Do I need to report my bank accounts back home?
Yes, on an FBAR if the combined balance of foreign accounts exceeded $10,000 at any time in the year, and possibly on Form 8938. Read more →
What happens to my 401(k) if I leave the US?
It stays yours. Leaving it invested usually avoids early-withdrawal penalties. Read more →
About
Is this legal advice?
No. h1b-life explains rules in plain English with sources. Talk to an immigration attorney about your own case. Everything here is general guidance, not legal advice. Always check with a qualified attorney. Read more →