Frequently Asked Questions
What questions should I ask an immigration attorney for H-1B?
Cover these five areas: (1) eligibility — is your role clearly a specialty occupation under 8 CFR 214.2(h)(4)(ii), and which wage level (I–IV) does your offer fall into; (2) timeline realism — current premium vs standard processing, and whether your LCA will be approved before cap-gap; (3) RFE risk — common RFEs for your job category and employer, plus how to pre-empt them; (4) fee structure — flat vs hourly, USCIS filing fees, premium processing fee; (5) portability — what happens if you change employers during H-1B (portability under INA 214(n), 60-day rule).
How long does it take USCIS to issue an RFE?
Most H-1B, I-140, and I-485 cases receive an RFE within 2–6 months of filing if one is going to be issued. For H-1B premium processing (15 business days), RFEs are typically issued within the first 30–60 days after premium adjudication. USCIS rarely issues RFEs after the 9-month mark on standard cases — if your case is older, a decision letter (approval, denial, or NOID) is more likely. Standard RFE response window is 87 days from the RFE notice date; failing to respond results in automatic denial.
What is a NOID and how do I respond?
A NOID (Notice of Intent to Deny) means USCIS is leaning toward denying your petition but is legally required to give you a chance to rebut. NOID response deadlines are strict — typically 30 days, sometimes less depending on the form and notice language. A NOID response is structured: (1) address each reason USCIS cited for the intended denial, point-by-point; (2) submit corroborating evidence (affidavits, additional documentation, expert letters); (3) request an in-person or videoconference interview if appropriate. NOIDs are more time-critical than RFEs — consult an immigration attorney immediately.
How do I check if my employer is willing to sponsor H-1B?
Direct conversation is best — ask "Are you open to filing an H-1B for me?" early in the offer process. Signals of sponsorship willingness: the company has prior H-1B filings (USCIS H-1B Employer Data Hub, accessible by employer name); a signed offer letter reflects LCA intent; HR or immigration counsel is engaged. Some firms sponsor only at certain career levels, or only after a probation period. If your employer has never sponsored, expect: an immigration policy review, internal cost absorption of filing fees, and a longer timeline to file.
What is the difference between consular processing and adjustment of status?
Adjustment of status (Form I-485) is for applicants already inside the US in a valid nonimmigrant status who want to become a green card holder without leaving. Consular processing is for applicants outside the US (or who must leave to apply) — the State Department interviews you at a US embassy or consulate and issues an immigrant visa. Adjustment of status lets you stay in the US while the case is pending (with travel restrictions on Advance Parole); consular processing is typically faster abroad but risks administrative processing delays. Choice depends on your current location, status, and the visa category.