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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. People from TCS,INFY,WIPRO,HCL keep on jumping to Cognizant in masses to get filed for Green card. Cognizant files green card to everyone these days and luring the resources from other smaller companies as well. 5440 PERM for green card are approved in 2015 year alone which is totally shocking. Cognizant is making guiness record in USA in filing green cards. Simply unstoppable!!!..Now no H1B wants to leave USA becos cognizant is there to protect all!!!!

    Reply
  2. INFY Guys..

    I got internal news that some of the employees are communicated false status that they are not picked in lotter or its rejected or RFE. This is very routine process with INFY. They tell the truth to employee only when there is requirement. They keep the status hidden or false.

    In future when there is requirement, they tell employee and ask them to keep quite about this.

    How can they do like this. Sometime they do not even file.

    Reply
    • That is disgusting. Tell a reporter (asking for anonymity) in India, expose the company’s malpractice. Bad practices from a few companies is impacting the whole H1B visa program here in the U.S.

      Reply
  3. My application got picked in Lottery and waiting for approval. Still my status shows as “Case was Received”. My Receipt number stats with “EAC1514750XXX”.

    Out of curious i searched the status for the receipt numbers two number prior and next two numbers which are above than my receipt number.

    All other Receipt numbers shows different statuses such as “Case Was Approved” or “Request for Additional Evidence Was Mailed”.

    Why i am worried is still my status shows as “Case was Received” since from a long time. What would be reason? They put my application on hold? When can I know the update?

    Reply
    • USCIS does a English proficiency test on every petition that is submitted. If they find too many spelling mistakes or grammatical mistakes(like in your comment) then they will put your petition on hold. So your petition must have gone on hold.

      Don’t Panic. They will give one more chance. They will conduct an English Exam for all the petitions that were put on hold due to above reason and if you clear it your petition will be approved.

      Best of Luck

      Reply
      • Go and read H1B requirements…
        An English Proficient guy like you who is technically dumb doesn’t qualify for H1B.
        Your Job must qualify as a specialty occupation…
        I don’t think you should be very proficient in english to get h1b approved.
        What say guys ?

        Reply
      • There is no such thing as “English Proficiency Test” H1 is purely for “Speciality Occupation” who can earn the 12 points, please don’t spread rumor without proof

        Reply
      • Proficiency Test – Please increase your knowledge about USCIS process before posting anything on websites and also it is very important for people like you to understand that “Respect” is not just a word in English, it has a value. Now keep thinking what I meant… 🙂

        Reply
  4. Hi Guys,

    Today morning 3:00 hrs IST i got a mail from my employer that my petition was not picked in lottery. This is second time my bad luck.

    RP/NON AD/VT
    All the best to all who got selected in lottery….

    Reply
  5. Hi All,

    My VISA finally got approved 🙂 .I am in WAC151445**** series. I have been waiting for the past 4 months to get an update. That was really frustrating..

    My Suggestion to everybody who are still waiting for a status update: Just relax. Enjoy the remaining days in India!! You will get an update soon..

    Reply
      • That’s awesome Will Moga! Congrats !
        Could you share what kind of questions they ask you (how was the interview) ? Thanks! Abraço!

        Reply
  6. Hi Friends , please help me. After RFE response today the status got changed to following. What does it mean .
    Notice Explaining USCIS’ Actions Was Mailed.
    Mine is Non-AD/PP

    On August 19, 2015, we began reviewing your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1513*******. We mailed you a notice informing you of the action we intend to take on your case. Please follow the instructions in the notice and submit any requested materials.

    Reply
  7. Hi Guys,
    Can anyone suggest the nature of RFE and if anyone is or was in similar situation.

    My employer did not share RFE doc with me but mentioned that there is nothing required from my end and they will take care of it.
    The document required by USCIS from my employer were project doc, offer letter and tax docs (probably employers since they didn’t ask mine).
    Also is this Employer-Employee relation RFE, any advise … please help

    Reply
    • Yes, It is RFE related to Employee-Employer relationship and it is normal for the employer\attorney to not ask you for any documents……..as long as they can handle with what they have…..!!

      Reply
        • I would say it has equal chance of approval, as with any other RFE. In fact RFE is not a way to reject, but merely asking for more information………and as long as you provide the right info…..Your chances stand alive !!!

          Reply
  8. Yesterday 18th my VTS got updated to “cancelled” from “waiting”. So my waiting and whatever .001% hope I had is over. Now can leave TCS freely. I am an ITA

    Reply
  9. On August 18, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC151445XXXX.

    Thanks guys and redbus for all valuable informations ANd best of luck who are waiting.

    Reply
  10. I was notified via email by USCIS that my work visa is approved. WAC151485**** AD/RP.

    Good Luck to those who are still waiting.

    Reply
  11. Hi,

    I got my I797B, there the validity is till Aug 2016 whereas the LCA doc has end date till Aug 2018, does anyone have idea on what basis the validity for I797B is given?

    Also, how difficult it is to get extension for the I797 when it is about to expire?

    Thanks

    Reply
  12. WAC15149**** is the receipt number I got and I found out that 149 in the receipt means my data is entered in the system on may 29th 2015 (149th day of the year) should I wait 90 days – August 29th 2015 to raise a ticket at USICS website for faster processing?

    Reply
  13. Interview is over and got approved.

    Only 3 questions asked
    1) Who is your employer in US?
    2) Who is your client?
    3) What does the client company do?

    To my best surprise the VO was speaking in very good Tamil with elderly couple just in front of me 🙂

    Reply
    • Hello,
      Congratulations… 🙂
      I got approval document yesterday and I am feeling so blessed.
      It is really appreciated if you can guide me on my queries
      1) Is there police clearance certificate needed?
      2) How much time it will take to get appointment for stamping.
      3) Is stamping one day process or more
      4) Which are other documents needed apart from package returned form US

      Reply
      • 1) I dont think so or am not sure, I was not having one. VO askedn only the passport, nothing else was asked even approval notice.

        2) No sure on this also, as my company managed every thing.

        3) As per their documentation you can have biometric and I interview the same day, I had in 2 days, 1st day biometric and next day visa interview.

        3) I was having my experience letters, pay slip, educational certificates, approval notice, I129, LCA, DS 160 confirmation and appointment confirmation letter, but only the passport was asked by VO. DS 160 confirmation and appointment confirmation letters verified while you enter consulate building.

        Reply
  14. My petition got approved on June 1st… I m in India.. Still waiting for my employer to send all necessary documents so that I can go for a stamping..
    This wait is really pathetic..

    Reply
  15. hi all,
    I filed for change of status from h4 to h1b with a desi consuntancy.. Transferred an amount of 3k $ as INR to an Indian account…Have genuine exp for more than 6 yrs in major IT giant in India…Got thru in lottery also… Due to some client audit issue, my visa got rejected… Came to know that all de visas filed by them got rejected…. But the consultancy is not ready to return back even one penny even though de mistake is theirs… Any idea/help on what can be done to get back my money??

    Reply
    • There is nothing you can do about it, you entered in this deal knowing well that you could lose all the money. People are so desperate to get H1 that they are blindly throwing money on these consultants.
      One consultant (or someone claiming to be part owner of consulting firm in the US) sitting in some town in Punjab asked for $6000 for visa fee….within a few minutes of conversation it became clear that he probably has never stepped out of Punjab 🙂 was swiftly told to take a hike.

      Only thing people can do is to be mindful of how they are handling their money.
      Imagine if out of 233k H1 applicants this year, if only 50k paid the visa fee of $5000 (as asked by many consulting firms), we are talking about $250,000,000 thats staggering amount of money that people are playing with. just a thought!

      Reply
      • To lodge a complaint, the employee should have a proof/ bill for the money he paid.. Isn’t it? But these consultancies won’t leave such proofs.. The employee has intentionally paid the money, knowing that, it is illegal to proceed with such consultancies.. So, They cannot claim anything…

        And, this candidate has wasted one chance to a genuine candidate… Isn’t it?

        Reply
        • Looks like the agent cheated you. Can you check with him for the Receipt notice and also make sure you receive the rejection notice. He might not have filed your case in first place and now cooking up stories to cheat you of the money you paid. Make sure you get proofs.

          You cannot file a complaint against him with DOL as it is illegal to influence employer by paying money to file H1. But if the agent is in India you can sure lodge a police complaint and screw him. If he is ready to pay you back the money you wait till you receive the money back and then screw him.

          Reply
  16. Any for NON AD from California Center still waiting ?
    Mine receipt no is WAC151475****
    Still waiting since 13th APril .please let me know

    Reply
  17. Its been 121 days.. I just guess this delay is because i had multiple application. 1 got picked in lottery.. (Both are genuine company’s, I have not paid anything).

    Anyone who is still waiting for approval.. have you also applied multiple applications?

    Reply
    • I’ve files one application and still waiting for approval. And I’m sure there are lot of people like me, so nothing related to multiple applications.
      Just RELAX……….all the best !!!

      Reply
      • Agree. I only filed one application as well. Because USCIS processes these applications randomly, until USCIS completes all there’re people waiting.

        Reply
  18. Hi All,

    I checked my status, it Approved..
    Thanks redbus2us followers for regular updates and wish you all the best who are waiting.

    Reply
  19. Any MASTERS student working in states have case was received status.. Its been more than 4 months.. Is this wait normal.. my center is vermont.. EAC1514050…PLEASE share your comments

    Reply
  20. I know some people may not want to post in public forum about good consultancy, but it would be really helpful if this years lucky people (who got picked up in lottery) post their experience about their consulting companies. this would help people approach these companies for next year (most likely it will be the same craze next year).

    There have been many comments about smaller companies not picking up phones or responding to emails ever since lottery result came out, probably to avoid/delay the return of visa fee that they have collected from so many people. there was other site (g***ti.com) that used to have reviews about such companies but off late its not being updated by people.

    Reply
    • Its a completely reasonable request from an applicant’s perspective. But as you are aware of the current trend, combination of H1B & consultancies is illegal in most of the cases and suspicious in all the cases. So nobody would want to mention their consultancy names (and get in to the attention of Legal) , as they’ll be running an in-house project, instead of acting as a consultant.
      So better to check with your friends\colleagues……..!!
      All the best…..

      Reply
  21. My case number WAC15145*****. It has been showing My Case was received since 13th April. I don’t know what has happened. I am currently on L1-B visa. H1-B was filed as CoS. I dont know how to maintain status after 30th September. My L1 is valid till April 2016 though. In case it is approved by 15th October, I will have to change the employer on 16th itself or will I get some time? Is anyone from same receipt range still waiting?

    Reply
  22. Time pass :
    In WAC1514654*** series, started with last number in that series to next 100th number

    I could find 77 numbers in which
    Approved : 46
    RFE : 20
    Received : 11

    And i m one of the 11. I dont know i should worry or not.. 🙁

    Reply
  23. I got an RFE on JUNE 26th and when asked my employer about the RFE, they said they will drop a mail on same and I didn’t receive it.

    Can someone tell me what is the probability of Visa being rejected on RFE.
    When asked the same with my employer. they where pretty confident and said, they have submitted the required doc’s and will answer all the q’s?

    Reply
  24. Hi,

    Is there a new list that came recently. Also, can anyone update if they saw somebody’s visa tracker getting updated with rejected status.

    Reply
  25. Hello,
    My Case EAC1514350*** is approved and I got the approval notice I797B, but I dnt have US requirement, I was nominated by Service Competency, My Company is saying I can only go for stamping once I got the US requirement. They saying it can take 1-3 months to get the US requirements.
    I want to how long my approval is valid ? Can I go for stamping in Jan 2016 also ?

    Reply
  26. Hi ALL,
    Please help OPT students. Kindly review and sign the petition folks. Every sign is important.

    https://petitions.whitehouse.gov/petition/propose-proper-regulation-extending-stem-opt-022016-avoid-expected-shock-both-firms-and-students

    Thanks

    Reply
  27. Hi all,
    In uscis website my case number is still showing as received.no further updates since may 7..my case recipt number starting with WAC1514650***..did anyone in this series receive any updates?

    Reply
  28. Once H1B is approved. Can we take up interview in Japan.
    I am living in japan for past 4 years. I am an indian.

    Do i still need to go back to india for Inverview?

    Please advice…

    Reply
  29. Guys has anyone submitted inquiry about why our cases are taking longer than USCIS’s processing time?
    My lawyer submitted one on 31 of July, and yesterday on USCIS website I got an update regarding to the inquiry:

    “On August 14, 2015, your inquiry about why your case is taking longer than our processing time, referral number T**********SC, was completed.”

    I guess they sent the response via usual mail. And it will take some time to arrive.

    Does anybody how they usually response to such inquiries and will it influence on processing time of my pending petition?

    Thank you!

    Reply
    • Firstly, congrats for getting through all uscis processing. Photograph is not necessary as they will take your photograph and biometric in counsulate itself. It’s not mandatory to carry photograph. If you have one softcopy that would be needed when you are filling DS 160 form for taking interview schedule.

      All the very best

      Reply
  30. Hi, My H1b got approved today. USCIS sent me an email today, Friday 8 PM!
    Receipt: WAC151485xxxx
    AD, NonPP, California
    Good Luck to all of you!

    Reply

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