Frequently asked questions
Quick answers to the questions H-1B holders ask most. For deeper context, see the guides.
What is H1BPivot?+
H1BPivot publishes practical, source-cited guidance for H-1B visa holders making career and immigration decisions — green card pathways, employer changes, RFEs, and visa timelines.
Is anything on this site legal advice?+
No. All content is educational and general in nature. For decisions about your specific case, consult a licensed immigration attorney.
How current is the information?+
Guides are dated and reviewed for accuracy. Immigration rules and processing times change, so always confirm details against the latest USCIS guidance and the monthly Visa Bulletin.
Can I travel abroad during my 60-day H-1B grace period?+
You can leave, but re-entry on the same H-1B is normally refused when you no longer have a sponsoring employer. Travel is materially safer only after a new H-1B petition has been approved.
What if my H-1B transfer is still pending when I travel?+
Departing with a pending change-of-status request can be treated as abandoning that request, which may require consular processing abroad before you can return. Most practitioners advise waiting for the approval.
Can I change jobs while my green card is pending?+
Often yes. After your I-140 is approved and your I-485 has been pending for 180 days, AC21 portability generally lets you move to a same-or-similar role and keep your priority date. Timing and documentation matter, so confirm the specifics for your case.
Which category is fastest for H-1B holders?+
EB-1 is usually fastest because it skips PERM, but it has a high eligibility bar. For most professionals, EB-2 with PERM (or EB-2 NIW for qualifying fields) is the realistic path.
Do I get counted against the H-1B cap again when I transfer?+
No. If you were already counted against the cap, a transfer to a new cap-subject employer is generally cap-exempt, so you do not re-enter the lottery.
Can I start work before the transfer is approved?+
Usually yes. H-1B portability lets you begin work once USCIS receives the new petition, provided you were in valid status and meet the other portability conditions.
Is an RFE the same as a denial?+
No. An RFE is a request for more evidence. Many cases are approved after a complete, on-time response.
How long do I have to respond to an RFE?+
The deadline is printed on the RFE notice and is commonly up to about 87 days. Always follow the exact date on your specific notice and submit before it.