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H1B Visa 2016 – FAQs – Lottery, Quota, Immigration Reform, News

Updated : November 25th, 2015

H1B Visa 2016 Filing Season Complete, Cap reached on April 7th, 2015.

Planning for next H1B season, Check out H1B Visa 2017 FAQs

As many of you know, H1B Visa 2015 quota was over in the first week and a whopping 172,500 H1B petitions were received in first week by USCIS.  H1B Lottery / random selection was held by USCIS to select 85,000 H1B petitions to fulfil the work permit cap. Many of the unlucky ones are already wondering about next year H1B Visa quota. Also, some of you are planning for H1B visa for next year, you also would be wondering regarding the same. This article addresses many of the common questions, it will be updated constantly, whenever any changes to info.  Bookmark this page !  To start with, firstly the news updates on this season, followed by many commonly asked questions.

Official & Unofficial USCIS News Updates Regarding H1B 2016 Season 

When will the H1B season for fiscal 2016 begin ?

USCIS will accept petitions for H1B Visa 2016 season starting from April 1st, 2015.  USCIS did a press release on March 12th outlining the details. Read summary of press release by USCIS on H1B 2016 .

Will there be lottery again for H1B Visa 2016 ? Predictions ?

We had lottery for FY 2015 and FY 2014. The total number of petitions filed for FY 14 were about 125,000 and for  FY 2015, there were about 172,500 petitions… As H1B Quota did not increase for FY 2016, and the demand does not seem to decrease, we would very likely have lottery for FY 2016.  Read H1B Visa 2016 Lottery Predictions, Dates, Results

What is the H1B Visa quota Cap Count ? Would there be any changes to H1B 2016 count ?

H1B Visa quota cap count is the total number of petitions that USCIS will accept for a fiscal year to provide temporary work permit for highly skilled workers.  For the 2016 fiscal year, the cap count is as below :

  • Regular H1B Quota : 65,000
  • H1B Masters Degree Quota ( only US Degrees) : 20,000
  • Out of the above, a total of 6,800 is usually set aside for Singapore and Chile citizens as part of the free trade agreement between them.

As per the press release in March 2015, the quota did not increase.  To give some background, as per the Obama executive action in Nov 2014, no changes were announced to the H1B Cap count. There was proposal in 2013 to increase H1B cap from 65,000 to 110,000 and Masters quota to increase from 20,000 to 25,000 did not go through as of March 2015. At least, for this FY 2016 season, the quota is fixed and it will be as above and no changes.

When should I start planning for H1B Visa 2016 ? What are the steps ?

It depends on your situation. Below are few scenarios and your plan.

  • If you are a student on F1 Visa in USA, you need to plan for your internship/ CPT or OPT employment  at a company that can sponsor your H1B Visa for FY 2016. In my view, you should start now to find something for the fall 2014 and continue that for next spring so that you can file for FY 2016
  • If you are in other country and planning for H1B, it is good to start your process around the end of this year 2014. It will give you enough time to find sponsors, search for job, etc.
  • If you are on H4, L1 or other visa in USA and planning for H1B for FY 2016, you also should consider looking around end of this year i.e. December 2014.

We have published step by step plan, you can read the article How to plan for H1B Visa 2016 ?Step by Step Guide 

Most asked Question – How do I Find H1B Sponsors for FY 2016 ?

This is a million dollar question !  One of the biggest challenges is to find a good sponsor that can offer you a job and wait for you to start work after 6 months of filing your petition.  You should review the detail article on How to find H1B Sponsors for FY 2015. Your first place of start is to find the H1B Sponsors in an area or by company. Use our H1B Visa Sponsors Database to search and filter. Read this article on details on how to search in our H1B Sponsor database. We keep the database updated as DOL publishes data. Do NOT share your email or phone number on our website as comments, there are many people do H1B Sponsorship fraud by requesting money using your contact info. RedBus2US.com never provides personal guidance on H1B sponsors or seeks money from anyone, we only display publicly available data on our H1B Sponsors Database page. We DO NOT sponsor H1Bs or guide anyone. Beware of H1B sponsorship Fraud ! 

What about Comprehensive Immigration Reform ( CIR) – H1B Visa Changes ? What are they ?

There have been some proposed changes to the H1B Visa program to cater to the demand in the  US economy as part of the Comprehensive Immigration reform. Below are some of the proposed changes.

  • H1B Cap to be increased from 65,000 to 110,000 per year.  Also have provisions to have it up to 180,000 in case of extreme demand.
  • Advanced degree from US cap quota to increase from 20,000 to 25,000
  • The Filing fee for H1B could go up to 10,000 USD
  • Additional H1B rules to avoid H1B Visa fraud by employers
  • Mandatory LCA posting for 30 days before it is certified.

These were proposed in 2013, but nothing has moved significantly and all the above are just proposed rules. We are not sure when they will be implemented. You can read  Summary of CIR – Immigration reform – H1B Visa and Green Card  to get an idea. The latest update is that Obama has taken executive action on Immigration in Nov  2014  and none of the below are included as part of that.  Stay tuned for updates.

H1B Visa 2016 Fees – Any changes ? How much does it cost ?

There are various components of the fee. The H1B Application filing fee could range anywhere from $1,600 USD to $4,400 depending on the size of the company. The attorney fee can range from $500 to $3000 depending on the attorney. If you apply for premium processing that is another $1,225. The fees has not changed in the past couple of years for FY 2014 and FY 2015. Unless USCIS revises fee based on immigration reform, it should be same. We will keep you all posted. For complete details of the fee by components and break up, read the article H1B Visa  Fees and Who Pays for What ?

H4 Visa EAD rule impact on H1B Visa 2016 Season ?

As you know, certain H4 visa holders are now eligible for EAD. The H4 Visa EAD Rule Passed earlier in 2015 and is effective from May 26, 2015.  USCIS will start accepting applications for EAD from those eligible H4 visa holders starting from May 26th. The question is that will that have an impact on number of H1B petitions for this fiscal year  ?  It very likely will have certain impact on the number of H1B applications that are filed for this year 2016 quota. Many of the H4 holders, who would now be eligible for EAD, may not apply for H1B visa, just because it gives them more flexibility to work and more choices to work as well. We would have to wait and see, how much of an impact that would have, but it is very straightforward and no brainer for eligible H4 visa holder to avoid the H1B processing.

H1B visa Premium Processing Changes to H1B Visa 2016 quota ? 

USCIS updated in their press release that the premium processing will be accepted for FY 2016 quota and they will only begin that “no later than May 11, 2015”. What it means for the petitioners is that the official 15 day premium processing clock starts from May 11th, 2015 and their petition could be adjudicated within 15 days from May 11th, which would be May 26th, 2015.  USCIS can process them earlier as well, but their new timeline is just indication for setting the right expectations to meet the stipulated time frame for premium processing.

Track H1B Visa 2016 Cap Count updates ?

As in previous years, we have created a page, where would track the cap count updates for FY 2016. You may check out  H1B visa 2016 Cap Count Tracker.

While you wait, you can check out April 1st – USCIS H1B Visa 2016 Season Starts Today, When to expect Lottery ?

H1B Lottery Completed – Official Tweet and Press Release 

H1B Cap Reached – Official USCIS Tweet and Link to Press release :


Any other questions ?

Photo of author
Satheesh Kumar Ilu, commonly known as Kumar, is the founder of RedBus2US.com. He is an Immigration and Study Abroad expert. He holds an MS from the University of Houston–Clear Lake and an MBA from the University of Wisconsin–Milwaukee. He studied, lived, and worked in the U.S. and Singapore for nearly two decades, and has traveled to over 25 countries.

   

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28,610 Comments

      • So they are giving results to the Practice Managers and some groups and when we ask they are saying wait till May end or June. So they got results but still not giving details to everyone.

        Reply
  1. Hi All, I’ve a basic doubt, though not related to H1B visa. If you notice just now I updated my comments see below. The date shows as 05/13. But today we are in 14th May. So my question is where is this site’s web server located?

    Reply
  2. I’m in Wipro-BDC. So far I didn’t receive any mail from GIMS. Earlier today(14/05) morning I raised a ticket and the reply is below :

    Note that we are receiving the updates from immigration authorities on day to day basis w.r.t. the application status

    Reply
    • Hi wipro folks,
      Just now I called GIMS and spoke with one person. He said that they have received 1000 plus for both rejected and selected. Also all the results are already updated to internal site. If it is showing ‘Seng for filing’ means we can keep hope until it get reflected as ‘rejected’.
      He also said process will continue till 2nd week of jun or beyond that.

      Reply
      • Hello,

        Last year, I got rejection email in july and it was updated rejected in GIMs. No hopes after mid of May. Even if they receive the rejection application back they will not update soon. Reason being people will quit company after salary hike and if they know about the rejection. This year my plan is the same. wait for salary hike in june and quit. no point staying back. its been 2 years of waiting for H1b now.

        Reply
        • What you said is logically correct. But it is hard to accept that our application is not selected. At least one more set they may publish by today or tomorrow. Let’s see.
          Pls update here if anyone gets any info.
          I am based out of Singapore and we are 8 people here. No one has got selected or rejected.

          Reply
          • surely will update here if I get any info. It is the same with my project team. We are nearly 8 people and none of us have any update. I hear very few people got updates. I have asked most of the people in my contacts about their status , All have not received. I feel that they will update us for the rest of the people.

  3. Yes it’s really tough to accept the truth that the game is over UNTIL we receive the package…at least the AD guys get to know some status…we,consultancy sent applicants,just get to know either a 1 or 0..
    Jay Addya Ma 🙂

    Reply
  4. I guess those who have 15 years of regular education USCIS have not picked them so they picked only those are having 16 years of regular education..did anyone got selected with 15 years regular education ??

    Reply
  5. Hi Guys,

    Just want to update for the guys who is waiting here.
    Today my employer called me and told that my application has been picked up in lottery and she will share receipt number soon(Non Ad/Reg).
    So don’t loose hopes until you get your reject application.All the best 🙂

    Reply
    • Congrts !! Who is you employer – US or non-US?
      I am too waiting for my H1B status. But my employer says that their is no hope as USCIS has stopped sending more approvals. Last approval sent was on 5/5 by USCIS.

      Thanks !

      Reply
  6. Hi, I got selected in the lottery. Now, how will i come to know whether RFE has been raised for my case or not. and does it raise immeditely after getting receipt or they can raise RFE at later stage too.

    Reply
  7. Hi,

    Had anyone received any rejection letter from USCIS?
    As per all employer, game is Over for H1B but after seeing that few candidates are still receiving the approvals I believe Game is still ON…

    Thanks !

    Reply
  8. H1b visa….

    Sometimes, an incident.. shatters all plans of a man.
    And man assumes that injury as the center-point of his life.
    But does Future depend on man’s plans? NO

    Just like how .. the one who climbs a mountain first..
    Does the plan that he makes at the bottom of mountain at the foothills take him to the peak of the mountain? NO

    In reality, as he climbs higher, he faces new challenges he has to keep changing his plans and adapting himself to the mountain.
    At every step he decides his next step. He cannot make mountain adapt to him.

    Isn’t it the same with life. When man thinks one hurdle is center of his life. and hinders pace of his life. He doesn’t attain success in life.

    in other words instead of making life worthy of you.
    can you not make yourself worthy of the life you get.

    With or without H1B. Keep thinking of your next step.

    God Bless

    Reply
  9. I am not getting even ration card and aadhar card in India.Politicians are bad that’s the reason why we are going to abroad.

    Reply
    • Funny! US politics is dirtier than that, if you think you want to move because of that. Immigration Reform and Lobbying are just few examples.

      Reply
  10. been waiting and losing hope day by day, but my employer miraculously told me to petition for green card. My current lawyer was not very responsive so I am looking to have another attorney for my green card petition. Called 2 attorneys and both told me “who told you that you have not selected” , one of them even mentioned that he just received 2 receipt numbers yesterday..they said it might takes a while for RP wait til the end of the month, do not lose hope yet. I am AD/RP/CA btw.. I am just confused , are we still have chances????

    Reply
    • I am also AD/RP/CA..waiting..I think deer are many who are waiting from Cali centre..I am willing to wait till end of the month..advise u d same…are u masters or phd applicant for green card..PhDs get green card in few months

      Reply
    • I received my receipt number from the attorney yesterday . I am AD/RP/CA. So probably there is still a chance for receipt to come through. Although it is better to be prepared for the worst. I know how it feels. This is my second attempt, didn’t get it last year.

      Reply
  11. Hi , can any one tell me what does it mean if my case status showing as ‘On May 3, 2015, the Post Office returned your document to us. We will hold your document for 180 days or until November 1, 2015. Please go to uscis.gov/e-request to request that we resend the document to you. If you do not submit an online request by November 1, 2015, we will destroy your document and you will need to file a new Form I129, PETITION FOR A NONIMMIGRANT WORKER, with fee. If you move, go to uscis.gov/addresschange to give us your new mailing address. ‘

    Reply
    • All USCIS is trying to say is that for some reason when your case related package or receipt notice was being delivered at the given address, the respective person or address was missing and postal department returned it back to USCIS. Your employer/ you or attorney need to request for getting that back from USCIS website.

      Reply
      • thanks kumar for you reply, i checked with my employer , attorney has mentioned wrong address in documents, they are going to correct it in order to receive receipt .

        Reply
  12. The truth is, its an entirely arbitrary process with half a million F1 visas issued every year and a small fraction of H1B work permits given out. If only the F1 visa process and the colleges were as selective. Pay through your nose for an “education”, work your ass off and then buy a lottery ticket and hope it gets picked. The Amrikan dream is the best sold hoax of our generation.

    Reply
    • I am okay with this if there is a level playing field. But if someone comes up with fake resumes and multiple filing, that is where the problem is.
      Some don’t even know basic English. Nothing against them. Anyone can try. All can chase their dream.
      But try doing that in a fair way. Then we shall see who is deserving.
      Sadly, it is money which is running the show.

      Reply
      • I’m right with you bro. six years in America for a master and a phd and landed a job with pay well above prevailing salary. still I haven’t heard any news on the h1b filed by my employer. Instead, people with no real job, people who have never been to America, people who filed multiple petitions through fake positions are getting the visa.
        But god works in mysterious ways, it may be bless in disguise

        Reply
  13. Haven’t received receipt yet, Do we still have a chance?
    Are USCIS still in process of sending receipts or done from their side?

    Reply
    • The EAC number tells that this petition filed 138 days after 1st October. So definitely this petition was not covered under lottery/quota for 2015-2016. Most probably somebody filed a petition for visa transfer/extension in regular processing, and then changed it to premium processing. Because of this a new notice and date was issued for this petition.

      Reply
  14. I just call the vermont center to find out about my application.I told them I want to find out if I am selected or not.They said employer needs to call,and they will tell the employer if you are selected in the lottery.
    Tell your HR to give them a call and find out.I cant wait two more weeks to hear,its clear either you are selected or rejected. just call.
    This is applicable if you are in U.S. If you pay your teletubbie consulting for sponsorship,don’t bother.

    Reply
  15. Hi All,
    My case was approved under AD/PP/VT on April 30th 2015. How long does it take for USCIS to send the paper copy of ‘I797 A’ Approval Notice?
    Not sure if status changes to Document in production/ Sent after Approval state on My Case portal after Approval. I know for sure USCIS diligently and timely updates the OPT cases.

    Reply
      • My case was approved on May 1st. But in USCIS portal it’s written “My case was approved”, but for others it’s written “My case was approved and emailed your decision.” I’m so confused. They said we’ll mail your approval notice. Is it same with you?

        Reply
  16. been waiting and losing hope day by day, but my employer miraculously told me to petition for green card. My current lawyer was not very responsive so I am looking to have another attorney for my green card petition. Called 2 attorneys and both told me “who told you that you have not selected” , one of them even mentioned that he just received 2 receipt numbers yesterday..they said it might takes a while for RP wait til the end of the month, do not lose hope yet. I am AD/RP/CA btw.. I am just confused , are we still have chances????

    Reply
    • Same case here. Still waiting AD/RP. This is my last attempt. The stakes are too high. I am still clinging on to some hope

      Reply
      • AD/RP
        Still waiting. Cheque not encashed yet.
        While some housewife with 95 years of ” experience” gets it.
        Bravo…Well done. USCIS..

        Reply
    • My attorney advised me to look at a green card. A green card will cost about $9k in fees altogether and approx 8 months to process. Then its for life and you can relax. However, there are longer wait times by country. I think India and china its a long time. I’m from the Uk and I believe the wait time is shorter. I’m going to talk to my employer about it and see if the CEO can be persuaded. If its too much of a hassle I’ll head home. Nothing lost, nothing gained.

      Reply
      • Yup, that’s the other route, which I believe is better , only if your employer has no issue with it. The other day I asked my attorney and she said country where I am from is current , which will take shorter amount of time to process (1-1.5 years approx)

        Reply
  17. Hi All,

    Does anyone have a credible source (USCIS or any gov link) that says if an applicant files two petitions and if 2 of them got selected in lottery, then one of those will be wasted.
    I searched a lot, but couldn’t get any official information.
    This question is for all those who think that they lost an opportunity because someone has filed multiple petitions.

    Thanks

    Reply
      • But it doesn’t mean that the other petition is wasted and some people came to know their reciept numbers till mid of june last year…
        From what I understand about USCIS functioning is it’s a kind of black box… no one really knew what happens in there…and I don’t think they are that dumb to waste a visa because some getting 2 of their petitions selected in a lottery..

        Reply
        • Remember, some apply 4 or 5 and get more than 2 selected.
          They take this lottery game very seriously.
          It is okay if their TOEFL scores are 30/120. Their English is KG level.
          Btw, did I tell you, my neighbor was getting bored sitting at home and applied for h1b. She got it . She has 8 years of top level coding experience. And she is only 24 years old. Wow. Genius, right??

          Reply
        • I would LOVE to know what happens to those spare slots. I mean, nobody knows what happens when some guy gets 5 receipts and only accepts one. I asked my lawyer and he shrugged. Nobody knows what goes on in the depths of uscis

          Reply
  18. Hi,
    Can any one let me know how long does it take to receive an RFE response? I saw my case status changed to RFE on may 7. IM AD/PP . My lawyer hasn’t received any notice till now. Any idea how long does it take? The wait is making me anxious..!

    Reply
  19. I got an email from my employer with some Receipt Number like EAC151….I went here egov.uscis.gov/casestatus/ where it says
    Case Was Received On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker…….
    does this mean I got through lottery ?
    It didnt say anywhere that I was picked in the lottery…it just says case received……I’m nervous
    Please advice

    Reply
  20. God please help me.Get me approval please.

    I got an rfe and that got responded.But still my status is response received.

    Very stressfull days.

    Reply
    • I will pray for you 🙂
      May God bless you with happiness and stress free days.

      You will get approval for sure.
      Talk to your friends/parents 🙂

      tc.
      JMD!!!

      Reply
      • Life is so miserable even after picked in lottery until we get approval.God this process is very tedious without any target.
        Lot of time spent on wait…wait for lottery,wait for approval until we see approval notice this is very tiring.Just because of this country,we are suffering so much.

        Reply
      • Lo, suno… I can’t believe this now… 😮
        inhe RFE notice chahiye …
        Why don’t u guys do initial study before posting this kind of questions???

        Reply
      • My rfe is related to my I94 dates are not same as I797 ext.It got corrected and sent back .But waiting to hear back.Not sure how many are hidden like this.

        Reply
  21. Hi Guys,
    Still I haven’t heard anything gud or bad about the H1B Lottery Result 2015. Is there any hope? Applied Regular Processing from Vermont Center,

    Reply
  22. It seems now a days people are not getting any recipt looks like game is over, because from monday I have consuted few of my friends who is working in different company they don’t have any update from VT center. bad luck guy I have applied for my family but no luck till now. plz let me know if anyone got recepit from center not from employer

    Reply
  23. Got info from some guys that TCS release some updates.
    Kindly let me know as awaiting to have the same. If any TCSer is present in forum who got receipt ,Please post.

    Thanks to rebbus2us!!! n Admin n all finally all folks for this forum.

    Reply
    • Hi,
      I tried sending an email to FDFU team and they replied back saying wait till Jun 2nd week for lottery status.

      Reply

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