
Almost everything written about the H-1B skips the part that decides most outcomes: you cannot apply until you are selected. Your employer registers you, a random selection runs, and only then does a petition get filed. No consultant can improve your odds in that draw, and anyone who says otherwise is describing something that does not exist.
What can be improved is everything around it – whether you are registered at all, whether your role and degree line up, whether your employer files correctly, and what you do when you are not selected.
| Requirement | What it means in practice |
|---|---|
| A US employer | You cannot self-petition. A company must sponsor and file for you |
| A specialty occupation | The role must normally require a bachelor’s degree or higher in a specific field |
| A matching degree | Your qualification must relate to the role – a general degree in an unrelated field is where many petitions fail |
| Prevailing wage | The offered salary must meet the level set for that role and location |
| Registration in the cap season | Filed by the employer within the registration window |
This is the part worth planning before March, not after. The realistic alternatives depend on your profile:
| Stage | Who acts | What matters |
|---|---|---|
| Registration window | Your employer | Missing it costs a full year – confirm the date with them in advance |
| Selection | USCIS, at random | Nothing you or anyone else does changes this |
| Petition filing | Your employer | Where the case is actually won or lost |
| Request for evidence | USCIS, if it has doubts | Answered on a deadline, with documents that should have been there first |
| Approval and consular step | You | Stamping at the consulate if you are outside the US |
| H-1B | L-1 | O-1 | |
|---|---|---|---|
| Lottery | Yes | No | No |
| Needs a US employer | Yes | Yes, with an overseas entity | Yes or an agent |
| Prior service required | No | Yes, with the same group | No, but a strong record |
| Realistic for | Most skilled professionals | Transfers within a multinational | A narrow, evidenced few |
If you are in India when the petition is approved, the remaining step is consular processing – DS-160, fee payment, appointment and interview. Slot availability at the Hyderabad consulate varies through the year, and the interview turns on the same documents the petition rested on. We prepare the consular file alongside the petition rather than treating it as an afterthought, because a strong petition can still stall at the interview.
Not in the selection itself, which is random. A consultant improves the petition that follows, and the planning around a non-selection.
No. The H-1B is employer-filed. There is no self-petition route.
A qualifying US master’s gives an additional chance in the selection process, which is why many applicants pursue one before registering.
Spouses and children under 21 hold H-4 status. Work authorisation for an H-4 spouse depends on the principal’s green card stage – see our comparison of H-1B and H-4.
Six years in total, with extensions available beyond that in defined circumstances tied to a permanent residence application.
Send us your degree, your role and your employer’s filing history. We will tell you whether the petition is likely to hold, what to fix first, and what your position is if the lottery does not go your way – speak to our US team in Hyderabad.




