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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

  1. Hie TCSer,

    Fdfu team saying that my visa status still awaiting and not disclosing any more information about acceptance or rejection.

    If I resign will they update me

    Reply
  2. I am the one who selected in lottery on very first batch in my company. receipt date 13th April.. Still waiting for approval…. Really afraid..

    any idea why there is delay in approval? what sequence they are approving the receipts?

    Reply
  3. Hey guys. I have applied for h1b through a sponsor who owns a IT company in the US. It has been a long wait and no results yet. When I asked him about this. He says he has not got any rejects till date and let’s wait. So my question here is there any hopes after this?

    Reply
  4. Has CTS sent H1B rejection notice email (returned package) to “ALL” or “PARTIALLY” or “NONE of unlucky guys ?

    Reply
  5. Not every person who goes to US is a software guy and not every person uses their parents/personal funds (few).

    This is a very gross generalization which seems to be deeply rooted in our minds (Indians). We advise on the domain in which we might not have an expertise, create stereotypes and look at everyone from the same prism.

    I have done my master’s in electromagnetics- Antenna Design, Radar and Optical fiber/photonics. There is hardly any research that goes in India on that domain, how would you gain experience then?

    Now you would say “Oho work hard, prepare well and get into a place like DRDO/ISRO”. Well I had cracked through ISRO and worked there for 8 months. For Bachelor level work, there is hardly any innovation there. My GATE rank was in top 500 and I was getting good offers from IIT. But I got admit in a top university in US, it was unfunded but there was good chance to get funding in 1 semester. I took the shot, and got funding after 1 semester. I even met a guy who got GATE Rank 17 and had got through IISC. He also came here because the research lab from electromagnetics in our school was one of the best in US.

    With some effort, i got job in April 2014 and luckily H-1B this year. The thing is for non IT people in India there is no escape except taking some calculated financial risk. Except IIT for some good NIT, you hardly get chance to publish or get patents which can get you fully funded admit in top US university. And unlike preparing for GATE, you cannot publish papers or get patents just like that. That has to be planned and focused, with B.Tech as best time to do.

    Reply
  6. Hey Accenture folks,

    Is the second list ever gonna come out or it is just a way to give us false hopes??? 🙁

    Reply
    • However, I am not from accenture. But as per immigrationgirl.com, now there is no positive chance of selection.
      Only positive chance is that, we didn’t get rejection up to that time

      Reply
  7. Myself and my wife had applied for H1 B 2016 through consultancy. My wife got receipt number.
    Issue is my wife is pregnant now . If my wife go for stamping, Is there any chance to get reject?

    Reply
    • Yes, I received receipt number from 8kmiles in May.
      Still status is “My Case was Received”. Waiting for Approval…

      Reply
    • I received my update on 27th April, that my case for selected in lottery.
      Given that, i am sure its over for IBM. If you have not yet received update, 99% its over this year….Bets of luck for next year.

      Reply
  8. Hardware snag hits US visa services globally, system to remain offline at least till next week

    – See more at:
    indianexpress.com/article/world/americas/hardware-snag-hits-us-visa-services-globally-system-to-remain-offline-at-least-till-next-week/

    Reply
  9. Any one got approval from WAC. if yes, can you please share the recipt number first 6 digit.

    I dont see any update from WAC, are they working or went for a long vecation.

    Reply
  10. Yesterday one of friend got RFE but he never got his receipt notice. How this could be possible??? Is it like his petition was in waiting list and was directly processed without sending receipts? He got his receipt along with RFE yesterday….

    Reply
    • Without receipt number how did he get to know about the RFE status ? Normally you cannot track the petition status without receipt number.

      Reply
    • Which Company is your friend from ?

      One of my Team mate also got RFE without Receipt # last year. But he got that in Mid July.

      Reply
  11. Should we assume that mail which is sent by Ravi, is the final one and there is no chance to see ourself in 69 list?

    Not able to understand why they are hiding the list of 69 ppl. Those who are not selected they are not going to travel US on 69 ppl visa. They should atleast declare the 69 names and accordingly others will come to know that they are not selected.

    This will resolve lot of confusion

    Reply
  12. Has CTS Sent H1B rejection notice email (returned package) to “ALL” or “PARTIALLY” or “NONE of unlucky guys ?

    Reply
  13. My company hasn’t received a single letter, positive or negative. My lawyers won’t return my emails or calls. Weird, right?

    Reply
  14. My company applied for my H1-B, many in my company have received receipt notice and some of them got rejection.

    My lawyer has still not got any update, is there any possibility of getting selected/receipt so late? I have been reading online and many have mentioned that you can be in a backup?

    Does any one have any suggestion for me.

    Reply
  15. If only your English were better and we could understand what you meant. I’ll try to guess. Your school has nothing to do with your H1B application except for cap gap. If your F1 expires after Oct 1, you don’t need anything from your school at all. If your F1 expires before Oct 1 your status is automatically extended. If you need a material proof of extended status (such as new I-20 for traveling) then should ask your school for it. If you don’t plan to travel, again, you don’t need anything from your school.

    Reply
  16. Hi,
    anyone got approval for in-house projects. I heard there might be some rejection if we applied as in-house project. Please anyone reply.

    Thanks in advance

    Reply
    • Not heard anything from them.I have not seen anyone claiming selected thu them for non-ad/reg processing. Do you know anyone who got in?

      Reply
  17. My employment start date is November 2, 2015. If my employer and I have decided to change my start date to JAnuary 1, 2016, would it be an issue or cause problems?

    Can I have first entry to US in Jan 2016 even my start date is different?

    Looking forward to receive replies. Thanks

    Reply
  18. Need some advice –
    From wipro, got picked in lottery (but no travel plans as of now) & have petition number but getting great offer from Capgemini, India. Never traveled to US.

    Can this petition number used in Capgemini for h1 transfer, & stamping cap-exempt h1 visa.
    Any previous experienced holders/seniors pls respond & help.
    Highly appreciated.

    Thanks

    Reply
    • No bro. There is no update After the no status mail. They claimed our info is not in the 69. Now it’s started to receive rejected petitions. Now the chance for getting selected petition is very rare. May be they want to hold the money as long as possible, that’s why they hiding the info.

      Reply
  19. Is there any specific end date for shipment return, my consultant is saying he didn’t receive any return so far!!!. Asking us to wait one more month, is that true ?will it takes one more month?

    Reply
  20. What happens if there are say X amount of petitions which were selected in Lottery but got rejected due XYZ reasons.

    Will the slots released by such petitions be used to select those who are still waiting ?

    Reply
  21. Need suggestion.

    1) My H1B application got picked up in lottery and receipt number received. Current status : – Case received
    2) No client letter submitted with H1B application. In petition , work location mentioned as employer office. (Not the client office)
    3) Petition has project (client name) mentioned in it and I am getting rolled off from this project in a months time.
    4) Working for TOP MNC.

    Question:

    1) What are the chances of getting H1B approved without client letter ?
    2) Is it a good idea to get client letter now and keep it ready for future (considering client letter RFE) ?

    Reply
    • 1) What are the chances of getting H1B approved without client letter ?
      I got it approved w/o client letter but my employer had SOA agreement instead of client letter which gives us idea about business with client.

      2) Is it a good idea to get client letter now and keep it ready for future (considering client letter RFE) ?

      Yes this should be good idea, just in case you get RFE then it would be handy for you.

      Reply
  22. Any update Infosys Guys 🙁 ..did any one recived any update on AIMS portal for selection or for rejection ??

    Reply
      • No update in AIMS on either selection or rejection. Tired of waiting from past 2 months…If we ask DM they will tell GI team will get the info and if we ask GI team they will tell we update on real time basis.

        Reply
  23. Hi Team,

    First of all thanks for Redbus2US –
    I need your valuable suggestion and inputs here!!!
    I got H1B picked this time, but it went to RFE asking client letter. I know i will not get this client letter at any cost as the client has been changed now. So can you please answer below query?
    1. Am i exempted from cap /still be valid for next year if the company still withdraws the application?
    2. is there a way if we submit the MSA instead of client letter will that work?
    3. can we still proceed with different client now if its from different LCA?
    4. Can the petition be changed?
    5. Please suggest alternative which Visa team can do ASAP as the last date for responding this RFE is 26th june.

    Thanks
    Shankar
    Bangalore

    Reply
    • You cannot change your petition.. If your petition was picked for a particular client, then your client letter needs to be there. You can only provide additional info supporting your petition. All depends what was mentioned in the petition. Petition usually has a client name (unless working directly for the company who is filing your visa) and same client letter needs to be there. Whatever you submit, USCIS may cross validate.

      LCA can be done for small changes.. Not for client change or location change after your petition is picked for lottery. Your company must show there is a project for you to go to US else no point for giving a visa. If you cannot get the client letter, than you can try your luck with MSA. All would depend on the officer reviewing your petition whether to approve or not.. you would on a slight disadvantage and it would be pure luck if your petition would be approved. If you are working for a big company, try to get letter from your company business manager. That may suffice as well.

      You would not be cap exempted in future if your petition is not approved.

      Reply
    • Unless the rule is changed by USCIS this year,…I know many people who get it from consultancies who do not have client letter but petition gets approved. But ofcourse during stamping the embassy guy asks for client letter which again depends from person to person. So as far I know, I see it as a very small issue.

      Reply
    • Yep. I got mine yesterday. They sent me a mail saying I’ve cleared the lottery process but haven’t said anything about the receipt number.
      In mail they mentioned it may take till this month end to provide me with the details.

      Reply
      • I also got an email stating that my name has been cleared.For receipts,they have asked me to wait till the month end.Nothing much has been written about the next steps in the process except that they would let us know about them at an appropriate time.

        Reply
  24. Hi,
    Mine was a PP/nonAD case which got picked in the lottery. My employer
    Sent me the receipt no WAC151405XXXX. My cheque was also cashed. I’m yet to get an approval. The UCIS website still says case was received. Is it ok for Premium processing case to take so long? No RFE either. Anyone else in the same boat?

    Thanks
    M

    Reply
    • May be you can check with your employer once again to see if they have really upgraded your case as Premium Processing. Ideally if it was PP, that you should have received your updated by 1st week May.

      Reply
    • It can happen that PP cases take longer to process. If your application was indeed files under PP then your premium fees of $1225 would be refunded. The approvals are coming in fast so you should receive an update by the end of the month. You call also signup for email/sms alerts at uscis website.

      Reply
  25. For those whose petition is approved, when(date) was application received at USCIS. It must have shown earlier when your application was in process.

    Just wanted to guess if the order of processing is actually based on date of receipt mentioned with case no. at USCIS site.

    Thanks in advance!

    Reply
  26. Hi, i have received my receipt on April and still hvnt got any updates. EAC15146*****. So does this approval goes till the end of September? Or its no use of waiting anymore after June? Please someone update info which you have got.

    Reply
        • Same boat I got my receipt on April 21st.And its under Premium processing.
          I am regularly checking on Uscis site.The status is showing the same for almost 45 days.
          Status is like this
          ” On April 20, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACxxxxxxxxx, and emailed you a receipt notice. It is being processed at our Vermont Service Center location. The notice describes how we will process your case. Please follow the instructions in the notice. If you move, go to uscis.gov/addresschange to give us your new mailing address”.

          Reply

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