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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 ?

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Author
Satheesh Kumar Ilu
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

  1. how to know that receipt number is mine number. Consulting is not sharing to scan copy of i797.Please advise what I will do now.

    Reply
    • In my account last year we got till May 8th. But his year last week we got 4 to 5 receipts. So seems like we should be hopeful till month end this time.

      Reply
  2. Hello fellow Wipro-ites,

    Congrats to all those who got receipts last week 🙂
    your life is gonna change now.
    Do pray for us who are still waiting.

    All the best who are still waiting for their receipts, hopefully there are plenty of receipts sent this week as well.

    Waiting to hear good news from you all, hopefully will see some happy faces in office as well.

    jai mata di

    PS:
    I am also waiting for my receipt.

    Reply
  3. Hey TCSers,

    Anyone from Pune location receive any confirmation from fdfu/RMG regarding h1b lottery status ?

    Reply
  4. My employer said….no updates on my name till now and he can’t tell anything until he gets a rejection notice..what are the chances of getting through into the lottery??any reply much appreciated.

    Reply
      • Hello SR are you pretty sure about this. Please find the below email and confirm me.

        Re: Certification of Case Number for (My name)

        This is an official notification that the Application for H1B, covering 1 worker(s) is in-progress. Due Receipt and allocation will be confirmed.

        Reply
      • As per the information I got, in some of the location RMS already communicated receipt / confirmation number. However from BDC perspective it seems they are yet to roll out. In my project 4 guys (including me) are waiting for the result. The worst case can be everything is over and whoever got selected got the communicate from PMSD..hope that is not the case here…

        Reply
  5. Dear TCSers

    Expect some good numbers by month end!
    First list of 88 was a really short one. Last year first list was also similar to this years. It had only 55.

    Last year 27th May list and 08th Jun list had almost all the names of selected associates. May be, this year, we should have 95% of the selected names by 15 Jun!

    May be this helps some one.
    On another note, TCS Visa cell sends updates every 10 days till September. This is just the regular update of lottery selection, approval-stamping and RFEs.

    Good luck for all who are awaiting lottery results 🙂

    Reply
  6. Please GOD, you only can do miracles, I totally trust you that you will still do it this year for me. Dont fail me… Plz..plz..plz…. swamiyae saranam …….

    Reply
  7. It looks like USCIS pre-reject most of consulting companies application during lottery. Next step is to reject the one who got selected from consulting companies.

    Reply
  8. Hi,
    I was informed by my employer that my check was encashed on april 27 but yet no details on the receipt.woukd it take such a long time for my employer to receive the receipt.mine in non ad /rp….

    A little confused if my employer did some error in looking for checks that are encashed…..anyone in same situation…??

    Reply
  9. Employer told reciept number to me but not ready to share I 797 with me, anybody in similar situation??? Please respond

    Reply
  10. got email from HR abt lottery selection.. finally long wait over..
    Non AP, RP – Persistent Sys
    Thank you all..

    Reply
  11. i got msg from my employer stating that my case was picked up in the lottery finally long waiting has come to an end thank u so much guys for u help.

    Reply
  12. all the best for all who got thru..no hopes for me..this is my second time.. i dint get thru lottery…game over..very limited this time 🙁

    Reply
    • Hi Rahul,

      How could you say game over, did Infy updated rejected in AIMS Portal, As per my knowledge, very few people have got update on their status, I do not know, why the selection ratio is so Low this time for Infy. Last Year it was good.

      Regards
      Infy

      Reply
      • Agree with u….Even i have heard very less selected people so far in infy.
        Infact in my department no one hve received so far….dnt understand whts happening in infy this time..
        Sill any hopes guys?

        Reply
  13. Guys I could still we have hope. Last receipt number I could find on USCIS site was WAC1516051696 Receipt date 15th May. So guys let’s hope “twomarrow never Die”. Receipt are still on the way. Jay Mata Di

    Reply
  14. Hi
    Do you think my recent B1/B2 visa stamping denial will negatively effect on my H1B visa stamping .

    thanks for your thought

    Reply
    • It depends for what reason it was denied (I am assuming it was denied and not cancelled.) If it was not denied on the basis of fraud, then you should be okay. Even if there was a wrong-doing in previous visa, it should not be a reason for denying the H1b visa. It will simply cause the USCIS to look at the application more closely.

      So if your going for visa interview, be prepared for being asked for questions related to your previous visa. But as long as your H1b application details are in order your previous visa denials should not cause any problems.

      Reply
    • Miscob

      It is not related , just donot fear

      B1/B2 is seperate from H1b — need not worry : no relation at all ( generally)

      so , chill

      Reply
  15. Guys hope some of you saw my earlier conversations regarding my h1 thus year and my marriage with my gf stuff . However I didn’t get any update on file, I willl wait unti my package returns. So I just had a call with my company owner and our attorney in US.i f I am not getting my h1 this year I am trying for my l1,if still not L1 then I will go on b1 nd I will settle in US, my attorneys are ready to make it legal after some time. This is plan I am going to apply as per my attorneys suggestion.the nly reason my company is taking all these risks is because they know how worth able I am to their company. I will keep you posted on my next steps.

    Reply
    • Any attorney suggesting settling in USA with a B1 is not worth what you pay him. Make it “legal” after some time? Ridiculous. If you are really worth it for the company, and really have done noteworthy and significant work for them, an L1 should be a cakewalk.

      Reply
  16. I hope either me or my gf gets H1B this year.
    Her chances are less though, because her petition was filed under premium category.
    But still, its not over until its “over” .
    God plz, shower your blessing on us. It would really really help us if any one of us get H1B this year.
    You know, we have been working so hard for longgg time. We have failed so many times but we never lost hope and continued working, facing all the difficulties, because we knew we can overcome any difficulties, we believe in our strengths and acknowledge our weakness as well.
    But this H1B lottery, its not in our hand, you know that. Please help us get through this lottery this year, you know how it can affect our lives.
    Give us strength.

    JMD!!!

    Reply
    • we will get through mate..dont worry..god might test our patience but he loves his children..jai mata di

      Reply
    • Amar bai! BAL is one of the slowest attorney. Please check with your employer. When i check my employer says “This is an official notification that the Application for H1B, covering 1 worker(s) is in-progress. Due Receipt and allocation will be confirmed.” they received a notification as mentioned. I’m not sure what does it mean. Please update when you receive something on your case 🙂 good luck

      Reply
  17. waiting for my receipt..NonAd/RP..God please shower your blessings on me. i promise will continue doing good deeds if im through..love u god.Jai Mata Di..IBM guyz be patient..last year 5 of my colleagues got receipt june end

    Reply
  18. Guys don’t worry last year one of my friend got receipt on May last week .Some may get even in the first week of June.Don’t loose hope.All the best.Pray to god.

    Reply
  19. I got my h1b this year and I work for a leading MNC. the thing is I dont want to stick with my current company as I got good offers from other companies (more than 100% hike). what happens to my H1b in this case? what are my options?

    Reply
    • Before you make any decision keep this in mind that once you leave the company, it has to revoke your H1B within 60 days. If you get your visa transferred to a new company (or even the transfer petition reaches the USCIS) before the old company revokes the H1b then you are fine, otherwise you will lose you H1b and will have to go through H1b lottery again. You can get your H1b transferred while in India, so if you decide to change employer I would recommend to get the H1b transferred first.

      Reply
      • I am also in the same boat. However, I think, as per new rule that came in 2014, we cannot transfer H1B before start date (October 1). If first company revokes H1B before October 1, then we are screwed and have to go through lottery again!!

        Does any one have any idea on this? Please advice…

        Reply
    • Keep the status Quo : donot do anything daring at this moment

      Just be with your employer , get h1b stamped , join him in USA

      and then think of making job Switch

      Reply
  20. Cheque en-cashed on 27th April and got receipt from employer on 1st May…any idea on petition approval status change estimated time…!!!!

    Reply
  21. I got the RFE for Specialty Occupation:
    “Copies of any written contracts (or work orders ) between the petitioner and the beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the beneficiary will be employed that indicates the services being provided by your company and/or the beneficiary.”

    Since I didn’t get lottery last year and used CPT to work, I don’t have any written contract. So what can i do with this? Anyone who has the similar experience, please help.

    Reply
    • Hi Sandra,

      I have a similar case…Can you please call me at 617-838-4348 or email at rooans @ gmail .com (No Spaces)

      Reply
    • I think what USCIS is requesting is commonly called offer letter. The offer letter usually states the start date, salary, designation, and roles and responsibilities for which the company (that filed the H1b for you) is hiring you for. Notice that start date of your employment can be in future in the offer letter.

      This seems to be for validating the employer-employee relationship and is pretty common. I am not sure why your company did not submit it along with the original application. If you have already been working with the company you can also submit your pay-stubs as an additional document.

      The offer letter is usually typed on the company’s letter head where they will mention the terms of employment (salary, role-responsibilities, termination conditions, yada yada yada) and one person will sign it (usually from HR) and then you sign it. You can sign and send a scanned copy to them as well. The employer will send the signed copy to USCIS.

      Reply
      • I don’t have written contract. Only Internship offers that I presented to the school for issuing CPT.
        Yes, I have pay-stubs too.
        When we apply for h1b, the company provided support letter to USCIS. The support letter includes the job duties and the salary.

        Reply
        • The written contract in this case is not a legal document per se, but preferably a formal looking document between you and your employer where you should have accepted their offer to join (contingent upon some conditions such as getting H1b etc.)

          You are correct that the employer usually provides support letter that contains the roles and responsibilities, but they are usually addressed towards USCIS. I am not sure if your employer provided that or the exact offer letter that was sent to you.

          The intership offers would seem to be valid for intership purposes only and not for the actual employment. You would need an offer letter for intended employment.

          Providing offer letter is usually not a problem for companies, since this don’t cost money and is part of the normal processes. After all they are hiring you, so it should not be a problem for them writing it down.

          Do you expect any issues in getting such letter from them ?

          Reply
          • I don’t know if the company can provide me an offer letter. When i was hired, they didn’t provide me the offer letter. I think i can just summarize the oral agreement and ask the company print it with company headletter, and also submit paystubs. Thank you for your kind help.

    • take Ielts
      get your degree transcripts from college and then go to any Canada specified agency ( I think wes etc. there are 3 agencies) for evaluation
      and once evaluated go to next steps

      Refer Express entry on cic website Or hire some consultant

      I know few in India / Delhi : Oppuluntus ( oppuluntuz) etc. are quite genuine , Nehru Place in Delhi has lot of good to average kind of consultant

      sure about banglore/ hyderabad also — just google

      total cost is around 1100 Canadian dollar per person
      + Consultant cost ( 60K to 1lac)

      Reply
  22. Guys Mine is Non AD /RP.Its updated for my receipt as Approved your form I-129 on May14 2015.Can you please let me know what it means.Because mine is RP.Whether approval for RP started.

    Reply
    • No, actually in your case in specific, “Approved” means that it is actually rejected and you will be receiving your package back shortly.

      Reply
          • Please read carefully. He did not ask for meaning of Approval. He saying he got approved and since his was RP can he expect this in this small period. Just asking if RP approval started . Thanks!

    • if it says Approved , that means Approved, just chill and wait for going for stamping as specified by employer

      and then wait for Oct 1 to start raining of dollars

      IF regular started then it’s good , I am waiting for my wife’s petition to be approved ( regular)

      Reply
  23. i know couple of desi consultancies one in PA and NJ.
    where do i report regarding the h1b fraud they do?

    Reply
    • Please send a hand written report with required proof by USPS to the following address:
      1600 Pennsylvania Avenue Northwest, Washington, DC 20500

      Reply
  24. Hi Guys,
    Its all over. comments from immigration girl. Lets go for Plan B . Or wait for your petitions back. Thank you Redbus. Is been almost 1.5 months following with redbus website.
    ***UPDATE 5/15/15 – Unfortunately for those who have not received a receipt notice yet, I think the time has come to an end. We have not received any since Tuesday. I will continue to update when we start receiving returned petitions, any RFE trends, and approval processing times. I wish everyone the best of luck with the next phase of your immigration journey! ***

    Reply

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