H1B lottery: how it works and what the odds mean for you
Each year, USCIS opens H1B registration in March for the following October 1 start date. Employers register on your behalf — you cannot self-petition for an H1B. There are 65,000 regular cap slots and 20,000 additional slots for US master's degree holders.
In recent years, USCIS has received 400,000–780,000 registrations for 85,000 slots — roughly a 10–20% selection rate. If selected, your employer has 90 days to file the full petition.
If you're not selected, you have three options: remain on F-1 OPT if still valid, have your employer file in next year's lottery, or explore cap-exempt routes (H1B with a non-profit, research institution, or government entity doesn't count against the cap).
TIP: If your employer has multiple US entities (subsidiary, parent, affiliate), work with an immigration attorney to explore whether you can be registered under each entity — this is legal under current USCIS rules.
H1B transfer: changing jobs without losing your status
H1B portability under INA 214(n) is one of the most important worker protections in US immigration law. You can begin working for a new employer as soon as the transfer petition is filed — you don't have to wait for approval.
Requirements for portability: you must have been in valid H1B status for at least 180 consecutive days, the new petition must be a valid H1B petition, and you must have a valid I-94 at the time of filing.
Common mistake: workers who have been in the US less than 180 days don't have portability protection and must wait for the transfer to be approved before starting work. This often catches new H1B holders by surprise when they get a better offer in their first year.
For Pakistani, Sri Lankan, and Nepali H1B holders: the process is identical to Indian nationals. There is no separate H1B category by nationality.
H1B extension beyond 6 years: the Indian backlog problem
H1B status is granted for 3 years, extendable to 6 years. After 6 years, you must leave the US unless you have an approved I-140 (green card immigrant petition).
For Indian nationals: because the EB-2 and EB-3 India priority date queues are 10+ years behind, most Indian H1B workers file I-140s early so they can extend H1B status in 1-year increments (if I-140 approved for 1+ year) or 3-year increments (if I-140 approved for 6+ months with an old priority date).
For Pakistani, Sri Lankan, Nepali, and Bhutanese nationals: the priority date queues are current or near-current — green cards are available much faster. If you're from these countries, your path to a green card is significantly shorter than for Indian nationals.
This is one of the starkest inequalities in US immigration: an Indian and a Pakistani who both enter on H1B the same year may have wildly different wait times for a green card simply because of where they were born.
RFE (Request for Evidence): what to do if you get one
An RFE is not a denial — it's a request for more information. USCIS issues RFEs when the initial petition doesn't fully establish eligibility. Common RFE triggers: specialty occupation (USCIS questions whether the job truly requires a degree), employer-employee relationship (common for consulting or staffing arrangements), and wage level (USCIS may question if you're being paid the prevailing wage).
You typically have 84 days to respond to an RFE. Work with an experienced immigration attorney immediately — do not delay. A weak RFE response frequently results in denial, while a well-structured response with the right evidence (academic analysis, industry publications, expert opinion letters) significantly improves approval odds.
If denied after RFE, options include: motion to reopen/reconsider, filing a new petition, or requesting a review. An attorney can advise on the best path for your specific situation.