What If My H-1B Lottery Registration Wasn't Selected — Do I Have Options in Chino?

If your H-1B cap-subject registration wasn't selected in the annual lottery (typically held in March), you still have pathways to work authorization in the United States. Cap-exempt H-1B petitions — available if your employer is a university, affiliated nonprofit, or government research facility — can be filed any time of year without lottery participation. Alternatively, you may qualify for O-1 extraordinary ability status, L-1 intracompany transferee status if your employer has a foreign affiliate, or E-3 status if you hold Australian citizenship. Law Office of Peter Darwin Chu evaluates all non-lottery options during Chino consultations and can file cap-exempt petitions immediately if your employer qualifies under INA Section 214(g)(5).

What If USCIS Issues a Request for Evidence on My Chino Employer's H-1B Petition?

Requests for Evidence (RFEs) are common in H-1B adjudications — particularly for employer-employee relationship questions, specialty occupation determinations, and wage level justifications. USCIS typically allows 30-90 days to respond with additional documentation. In Chino cases, we've seen RFEs challenge whether a staffing or consulting arrangement constitutes a bona fide employer relationship, whether the job duties require a bachelor's degree in a specific field, and whether the proffered wage meets Department of Labor prevailing wage standards. Our RFE response strategy includes detailed legal briefs, expert opinion letters, and supplemental evidence addressing each USCIS concern. Failing to respond comprehensively — or missing the deadline — results in automatic petition denial.

What If I Need to Change Employers While in H-1B Status in Chino?

H-1B portability rules under AC21 allow you to begin working for a new employer as soon as that employer files a non-frivolous H-1B transfer petition on your behalf — you don't need to wait for USCIS approval. However, if the transfer petition is denied, your work authorization ends immediately. The new employer must file a new Labor Condition Application, pay the filing fee, and demonstrate the new position also qualifies as a specialty occupation. For Chino residents, we file H-1B portability petitions with premium processing (15-day adjudication) to minimize uncertainty and ensure you can start the new role without gaps in authorization.

What If My Degree Is From a Foreign University — Will USCIS Accept It for an H-1B Chino Filing?

Foreign degrees must be evaluated by a credential evaluation service to determine U.S. equivalency before USCIS will accept them as meeting H-1B specialty occupation requirements. A three-year bachelor's degree from many countries does not automatically equal a U.S. four-year degree — you may need to demonstrate additional coursework, professional experience, or a combination of education and experience totaling the equivalent of a U.S. bachelor's. We work with NACES-accredited evaluators to obtain detailed credential reports and, when necessary, argue for degree equivalency using the 'three-for-one' rule (three years of progressive experience equals one year of university education). Chino H-1B applicants with foreign credentials should obtain evaluations before the employer files the petition to avoid RFEs.