H-1B Visa: What It Is, Key Elements, and How We Can Help You with Requests for Evidence and Your Future GReen Card

If you’re working in the U.S. on an H-1B visa, you know that navigating visa rules can be tricky. From H-1B amendments to changing employers, and even earning passive income while staying compliant, understanding your options is key. We can guide you through every step—and help you eventually secure your green card.

​Don’t risk mistakes that could jeopardize your visa. Contact us now to get professional guidance on H-1B filings, extensions, amendments, employer changes, passive income compliance, and securing your green card.

​What Is an H-1B Visa?


​The H-1B visa is a U.S. work visa for foreign professionals in specialty occupations requiring a bachelor’s degree or higher. Common fields include IT, engineering, healthcare, finance, research, and science.
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Benefits of the H-1B visa:
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  • Legal work authorization in the U.S. for your sponsoring employer
 
  • Dependents (H-4 visa) eligibility
  • Pathway to permanent residency (green card)

​Key Elements of an H-1B Visa


To maintain compliance and maximize your opportunities, it’s important to know the main elements:
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  • Employer Sponsorship – Your H-1B must be sponsored by a U.S. employer.

  • Specialty Occupation – You must work in a role that requires specialized knowledge and a relevant degree.

  • Duration and Extensions – Typically granted for 3 years, extendable up to 6 years.

  • Extensions - Sticking with the same employer? We can help extend your H-1B visa.

  • Amendments – If you change job location or job role, you may need an H-1B amendment to remain compliant.

  • Change of Employer – You can transfer your H-1B to a new employer without losing your status (portability).

  • Passive Income Opportunities – While on H-1B, you can earn passive income, such as dividends or rental income, without violating visa rules.

H-4 Visa and Employment Authorization:
​Filing Alongside Your H-1B


Did you know that when you file an H-1B visa, you can often secure dependent benefits for your family too? When you file an H-1B visa, you don’t just secure work authorization for yourself—you can also protect your family’s future in the U.S. by filing H-4 visas for your spouse and children concurrently. Eligible H-4 dependents can even apply for an H-4 EAD (Employment Authorization Document), giving spouses the ability to work legally, start a business, or pursue career opportunities while you’re on H-1B. Our expert team ensures seamless H-1B and H-4 filing, carefully preparing all documentation to meet USCIS requirements, reduce processing delays, and maximize approval chances.

​Whether it’s a first-time H-1B, an H-1B amendment, or a change of employer, we coordinate H-4 and EAD applications alongside your visa petition, helping your family enjoy full U.S. residency and work benefits. Trust us to handle every step of your H-1B and H-4 process, from filing to EAD approval, so you can focus on building your career and life in the United States.

​Gilani Law Firm. when eligible, can file H-4 visas alongside your H-1B petition as well as prepare and submit H-4 EAD applications, ensure documentation meets USCIS standards to avoid delays, and advise on timing to maximize employment opportunities for your spouse. By coordinating H-1B, H-4, and EAD filings, we help your family enjoy the full benefits of U.S. work authorization and residency.

​H-1B RFE Assistance: How We Help You Overcome Common and Uncommon Requests


​Receiving an H-1B RFE (Request for Evidence) from USCIS can be stressful, but it doesn’t have to derail your visa process. We can help H-1B applicants respond effectively to all types of RFEs, increasing your chances of approval and keeping your career on track.
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An H-1B RFE is a notice from USCIS requesting additional documentation or clarification before approving your petition. Please see the most frequent types of H-1B RFEs that we can help you with below:

1. Specialty Occupation RFEs
  • Evidence that your role meets H-1B specialty occupation requirements.
  • Support includes job descriptions, industry standards, and expert opinion letters.
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2. Educational Qualification RFEs
  • USCIS may request degree evaluations or equivalency reports.
  • We provide guidance on credential evaluation and compiling degree proof.

3. Employer-Employee Relationship RFEs
  • Common in consulting or client-based placements.
  • Documentation we help with: contracts, work orders, client letters, and reporting structure.

4. Experience and Work History RFEs
  • Evidence that prior work experience qualifies you for the H-1B role.
  • Support includes reference letters, affidavits, and employment verification.
5. Amended H-1B RFEs
  • When filing an H-1B amendment, USCIS may issue an RFE for changes in duties, location, or client.
  • We help compile strong evidence to demonstrate compliance.

6. Change of Employer RFEs
  • RFEs often arise in H-1B transfers or portability cases.
  • We assist in documenting job offer letters, employment contracts, and client assignments.

7. Special Cases & Uncommon RFEs
  • Passive income and secondary employment questions
  • Work in niche industries (e.g., arts, research, consultancy)
  • USCIS may request additional proof of duties or qualifications in these roles

​H-1B to Green Card


​One of the biggest advantages of the H-1B visa is the pathway to permanent residency. Transitioning from H-1B to a green card involves careful planning and legal guidance, especially if you:
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  • Switch employers
  • File amendments
  • Maintain compliance while earning passive income

​How We Can Help


Navigating H-1B rules and green card planning is complex. Our team can assist you with:
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  • Filing H-1B amendments for job changes or relocations
  • Handling H-1B transfers or change of employer petitions
  • Advising on legal passive income opportunities for H-1B holders
  • Guiding your H-1B-to-green card journey
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We ensure your status stays compliant while maximizing your career and residency opportunities in the U.S.

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