Yes. Your new employer files a new H-1B petition (I-129) on your behalf. Under H-1B portability rules (AC21 section 105), you can start working for the new employer as soon as the petition is received by USCIS, even before approval. You do not need to go through the lottery again if you are already in H-1B status. This is called an H-1B transfer, though technically it is a new petition.

You have a 60-day grace period (or until the end of your H-1B validity period, whichever is shorter) to find a new employer to file an H-1B transfer, change to a different valid nonimmigrant status (such as B-1/B-2 or F-1), or depart the United States. Your employer is required to notify USCIS when your employment ends. The 60-day grace period was codified in the 2017 DHS regulations.

Generally, H-4 visa holders cannot work. However, H-4 spouses can apply for an Employment Authorization Document (H-4 EAD) if the H-1B principal beneficiary has an approved I-140 immigrant petition, or if they have been granted an H-1B extension beyond the 6-year limit under AC21 sections 104(c) or 106(a). The H-4 EAD allows the spouse to work for any employer in any occupation.

You have several options: (1) Try again the following fiscal year, (2) Find a cap-exempt employer (universities, nonprofit research organizations), (3) Explore other visa categories such as O-1 (extraordinary ability), L-1 (intracompany transfer), or TN (for Canadians and Mexicans), (4) Consider enrolling in a degree program and using OPT/CPT, (5) Your employer may have international offices where you can work and try the lottery again.

It depends heavily on your country of birth and the visa category. For EB-2 and EB-3 employment-based categories: workers born in India face a backlog estimated at decades (some estimates suggest 50+ years for current applicants). Workers born in China face a backlog of several years. For most other countries, the wait is relatively short (1-3 years for the entire PERM, I-140, I-485 process). The per-country limit of 7% of total annual EB visas is the primary cause of the India and China backlogs.

If you filed for a change of status (COS) and leave the U.S. while it is pending, your COS request is considered abandoned. If you already have H-1B status and are extending or transferring, you generally can travel, but you will need a valid H-1B visa stamp in your passport to re-enter. If your stamp has expired, you will need to attend a consular interview before returning.

The H-1B1 is a special variant available only to citizens of Singapore and Chile under free trade agreements. It has its own allocation (5,400 for Singapore, 1,400 for Chile, carved out of the 65,000 cap). The process is slightly different: no USCIS petition is required for initial H-1B1 status — the worker applies directly at the consulate. Unused H-1B1 numbers roll back into the regular H-1B cap.

This is highly complex. You can own a company, but you generally cannot be self-employed on H-1B because the visa requires a valid employer-employee relationship where the employer has the right to control when, where, and how you perform the job. Some immigration attorneys can structure arrangements where you own a company and there is still a qualifying employer-employee relationship, but this requires careful legal guidance.

A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree (or its equivalent) in the specific specialty as a minimum for entry into the occupation. The 2024 modernization rule clarified that there must be a direct relationship between the degree field and the job duties. Common qualifying occupations include software development, engineering, accounting, architecture, medicine, law, and education.

Generally, you must leave the U.S. for at least one year before being eligible for a new H-1B. However, AC21 provides two critical exceptions: (1) If a PERM labor certification or I-140 was filed at least 365 days before your 6-year limit, you can get 1-year extensions. (2) If you have an approved I-140 but cannot file I-485 due to visa number unavailability (common for India), you can get 3-year extensions. These extensions can continue indefinitely until a green card number becomes available.