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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. My employer said thy are expecting RFE on my application because they have not submitted the Client Letter.

    What can i do now?

    Reply
    • you are applying thru consultant or MNCs like TCS/Infy ? And did you specify your work address as client premise ?

      Reply
      • I am not fully aware of all the details but it is through a consultancy and when i spoke to my employer he said it’s not a problem. We will take care of that.

        Reply
  2. If number of selected H1B receipts are not approved then are there any hopes for non selected applications to have lottery again??

    Reply
  3. Hello guys,

    I have applied for h1b through one of Indian consultancy. Today when i call to them they are telling yesterday only i got the result and you are not selected in the lottery and they are not willing to return my money.How can i come to know whether they are applied H1b for me or not as i want to apply for next year also.I would like to confirm that.

    kindly guide me how to know whether they applied or not and how to get my money back.

    Thanks,

    Reply
    • You should’nt be paying anyone to file your H1b, if you did then it’s the risk you’re taking. You can do nothing if you don’t have any kind of proof that you paid them.
      Regarding your question whether petition is filed or not? you can ask them to send the soft copy of the rejected petition from USCIS.

      Reply
      • forget abt whether they applied or not.. but still they must return ur money, as yours is rejected (USCIS wud not have encashed the cheque).. so its clearly a looting from them.. try to get some email/chat proof and send a complain to USCIS.. these days USCIS is very strict on such culprits…

        Reply
      • Hi,

        I am trying to get a money back from Indian outsourcing company after deducting the attorney fee.But they are not responding to my messages..How can i register the complaint against them with DOL. No body should not cheat by them like me on next year h1b filling…

        Reply
  4. Hi All,

    Got RFE on my H1B. They have asked me to submit end client letter and BRM letter. Unfortunately I got released from the project(H1b was initiated from this project). I am working in a new project now(different client and location). I don’t think my manager(old project ) will help me. So , can you please help me how to proceed on my H1b now. Can I contact my Current HR to get it done ??

    Reply
    • usually for top MNCs, RFE will be taken care by immigration cell itself or at least they will provide the guidance.. so, check with them on how to proceed…

      Reply
    • Hi TCSer
      Can you pls tell what did you specify in ur work location ? is it TCS OFfice address or Client premise – which one you specified in your petition ?

      Reply
      • Its Client Location. I don’t have any client letter. My old project team is not ready to give me the client letter. Will there be any problem if I submit only BRM letter ??

        Reply
        • Client Letter would be expected if you had specified client location as ur work address.. You can submit BRM Letter alongwith the Statement of Work.. More the evidence you submit, better it is… all the best..

          Reply
  5. I am in US right now on L1B and will be visiting Bangalore (my home town) in October. My H1B is already picked. I have couple of questions, if somebody can guide me –
    – Is it possible to get stamping in Bangalore ?
    – If I need to go to Delhi or Chennai, can I book flight tickets now for specific date ? I am not sure, how appointment process works.

    Reply
    • No. Stamping can only be done by US consulates http://www.ustraveldocs.com/in/in-loc-post.asp

      The appointment procedure is exactly same as how you got your L1B visa. Only difference is that you can book appointment only after July 3

      Reply
  6. Can someone tell me what this means? Does it mean that my H1-b got declined or is it still being processed? My category was premium but I don’t understand why my fee got refunded.

    Fee Refund Was Mailed
    On June 22, 2015, we refunded the fee for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC15********, and mailed the refund to the address you gave us. This refund does not affect the processing or location of your case. You should receive your refund within 30 days. If you move, go to uscis.gov/addresschange to give us your new mailing address.

    Reply
      • Attorney applied for premium processing with the petition. This status is so confusing and the lawyer doesn’t respond to my emails

        Reply
        • They took longer than the SLA for premium processing and are refunding $1,225. This is normal practice for them. Your Visa will continue to be processed at a higher priority still. You got lucky.

          Reply
          • I called vermont service centre and spoke to an immigration specialist and I am told that my petition is denied

      • Hi KK,
        No I don’t see any denial or rejection status online nor have I received any denial notice. As CJ mentioned, my gut feeling in they are will continue to be process my visa at a higher priority. I checked with my employer and they haven’t received any denial notice. Keeping my fingers crossed! Initially the status was ‘Case is being processed’, then changed to ‘fee will be refunded’ and now they have refunded the premium processing fee.

        Reply
    • No updates for rejection cases from Immigration team. They said wait till Mid of June. But immigration team is busy with approval cases processing. Due to attrition rate, they are not any sending rejection emails.

      Reply
  7. Hi,
    I’m being selected in H1B Lottery process 2016. Someone told me that if all goes well till stamping, i can’t fly before december 2015. He said my stamping will happen only after september 31st. Is it true.

    Reply
    • its not true.stamping can happen even after October there is no exact deadline for processing some times it can go to November also. but who got stamping h1b they can start flying October 1st onward.

      Reply
    • Once stamping goes well, the only condition is that your status begins on the 1st of October. That means you cannot start working in the US until 1st October, 2015. But you can enter the US 10 days before October 1st. That is on or after September 21st 2015. There is no link with December 2015.

      Reply
      • Could you help me to understand please. My package for H1B was sent to Vermont for Regular processing. Still waiting but today my sponsor told me that the check was cashed on May 5th. Does it mean I was approved?

        Reply
  8. GOT rejection details from DM it was two consecutive year bad luck of not getting selected in lottery!!

    Best wishes to Others!!

    Reply
  9. I got the information from my attorney on june 13th saying that my cheque was encashed. But untill today i have not recived any other update. Usually once the cheque got encashed how many days it will take to receive the EAC number ?

    Reply
  10. I have got RFE in my VISA process. My project end date is 12/31/2015. Will my project end have an impact on my VISA approval?

    Reply
    • Normally as far I know and have seen visa is given for a period maximum not exceeding the project end date. I may be wrong since I have very shallow knowledge on VISA approval process.

      Reply
  11. Hi Everyone…
    Today i have received the rejection letter from my employer, that i haven’t selected in the lottery. Bad luck…:(

    Good luck for the one who got selected.

    Reply
    • Its Over. We need to learn to accept…And probably we have rejections has already been received but company is taking time to disclose it to avoid any resignations or avoid headaches to managers to look for another opportunity for rejected employees..

      Reply
    • Its almost closed but not completely.. You can get it if you are very lucky because now the chances of getting is very less i.e. I believe < 1%. Better ignore it and move ahead. If you get it..thats cool

      Reply
  12. IBMers, do you have any news on package rejections from any account. Only few of my friends have got the receipts this year and many have not heard any update. I send email to IBM Immigration team twice but they did not reply to my email.Not sure if we still have any hopes.

    Reply
    • I guess its over. I have received my receipt from the us immigration case manager on 27th April..however few of my project coleagues got receipts in 1st week of May…but i don’t think they are blocking any receipts as of today…

      Reply
  13. Hi I saw that my case has been approved in the USCIS website. Can someone plz guide me as to what would be the next step now? I am yet to get the approval notice from my employer.

    Reply
    • You need to get the hardcopy of the approval notice ie I797B and then apply for VISA stamping.
      You can look for the appointment after July 3rd as there need to be a 90 days gap between your start petition date which is Oct 1 2015

      Reply
  14. If I take a release from my current project and my name come in selected list, in that case will I loose the opportunity? Or TCS has policy to process it.

    Reply
    • Release from proj won’t be any issue.. TCS can process furthur on ur case.. But U need to follow wid ur HR for any position at client in US.. Act smart.. Things vl work out

      Reply
    • Hey if you get selected in lott surely TCS will process it..but down the line during processing if required you might be asked to produce the BRM letter from the project for which you raised H1B..now as you are going out of projct they have no need to support or help you anymore..they might delay in getting you the letter as you are anyways not gonna work for that project.. But relax you are not gonna lose your H1B until TCS rejects it for some reason,before visa stamping!

      Reply
      • Folks,

        I got the RFE for producing the ROC letter (Right of Control Document) which needs to be duly signed by Sr. Manager of a X company whos is in the Client place. Now will this suffice instead of client letter?

        Thanks
        XXX

        Reply
      • hi Don’t Worry, TCS is known for misleading uscis in these type of cases. Producing fake client letters and managing with client managers, Your TCS attorney and HR will take care of it.You just relax and enjoy the waiting period. Once you go USA you don’t get time to relax……..Dollar dreams

        Reply
  15. To give you an idea of where our cases stand:

    Only 13% of our selected cases have been approved so far, and those were almost all premium processing
    24% of our selected cases have received a Request for Evidence. These are also almost all premium processing
    That leaves 62% of our cases pending with USCIS waiting for an update.
    So, if yours is not premium processing, and you haven’t heard anything yet, don’t worry. We’ve only just begun!

    Reply
  16. I have called USCIS toll free number to inquire about the delay in approving my case(eac15142xxxx). But, that executive asked me whether I am beneficiary or employee. When I say, employee, he simply said, you r not authorized to request for the status. Go n ask your employer to raises e-request or ask them to call USCIS. 😉

    Reply
  17. Approval will take more time then the previous year.
    This year USCIS has got 1.8K application through EDA . H4 to H1. Source says that they will first approve EDA visa then move to fresh H1 applicants.

    So who got there recipt number.. just keep it and forget about it. for next 2 months and enjoy ur remaing days in india.. because after we go to USA we need to fight a lot for servival. 🙂

    source : my 6th sence 😛

    Reply
  18. I have received RFE in my H1B petition.I just wanted to know there will be any impact on visa validity because of RFE.
    After RFE response and case approval I will get VISA only for 1 year?

    Please note that my employer has applied my petition for 3 years.

    Reply
  19. At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.

    What does mean?

    Reply
  20. When I check my status it shows ”At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information”

    When we can expect status update?

    Reply
  21. I got my receipt with received date 13th Apr and notice date 22nd Apr with receipt # EAC1514250XXX. Its still showing the status of ‘Case was Received’ on USCIS portal. Is there any thing to worry as few of my colleagues with receipt # EAC15147***** has got RFE/appoved? Please advice.

    Reply
  22. To my Accenture colleagues. Just checked with a Senior Manager,
    He said last year lottery results came in 3 lots, this year its only one that has come in yet.
    So I am keeping my hopes alive 🙂 All the best to others as well!

    Reply
    • Hey,

      But don’t you think it is already too late, and PMSD guys have no clue about it…. June is gonna end.. 🙁

      Reply
    • I am also at same situation. even around 40 person applied from our project and only 2 got selected. We are expecting selection ration of 3:1. However very little hope is there but only positive thing is that we have not received our rejection package yet. So waiting may be more result will come out.

      Reply
  23. Hi Friends,

    Just now i got call from my employer they have received two rejected packets on 17th June 2016 and one cheque was encashed on 17th June 2016. As per attorney we have to wait upto next week. My employer from VT centre. NONAD/RP/VT

    Reply
    • Hi Pari,

      The check which is enchased, is it your third application? if check is encashed does it means you are selected?

      Reply
      • Hi

        My employer applied around 18 caps this in that 4 got receipts in the month May 2015. And two were rejected which were received on 16th June 2016 and one cheque was encashed which is one of in 18 applicants caps. My employer from US he applies single cap from each applicant. Still i am waiting for lottery result. My attorney did not receive neither receipt not return packet.
        Thanks

        Reply
        • Its Over. We need to learn to accept…And probably rejections has already been received but company is intentionally taking time to disclose it to avoid any resignations or avoid headaches to managers to look for another opportunity for rejected employees..

          Reply
  24. Thank you guys for all your comments …
    Finally My petition got approved. Receipt no. EAC15148XXXXX.
    It is Non-AD/RP.

    Reply
    • Hi,

      Can you let me know have you received RFE and approved? or just direct approval? Can you put in dates? My husband got RFE on 1 st May ad filed response on 31st May. Still not even changed to Response Review.

      Reply
  25. Hello all,

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

    1)what will be the farmost date when i get final status so after that i can find new opportunity
    2)If I resign in june end having other oppourtunity will they update me my final visa status with in 1 month notice period.

    3)how many list has been generated and till mid june is it possible that our management will have final visa status with them ??

    Reply
    • I am in same dilemma too… I have offer letter from two companies… and waiting for my visa status. I inquired Mumbai@FDFU yesterday and received a blunt reply as “Awaiting Lottery Result”.
      You can withdraw your resignation letter any time you want….

      1) Farmost date : Results keep trickling till August,Sep. So, there is no farmost date.
      2) If yours is picked in lottery, then they would definitely update u.. instead of accepting your resignation
      3)I guess the next list will be released in starting July or June end.

      Reply

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