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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. I got RFE on 6th Jun and on 24th Jul the status changed to “Response To USCIS’ Request For Evidence Was Received”.
    It is in WAC.
    How long it will take to process?

    Reply
  2. Hi,

    Seeking for help, please suggest.

    I applied for H1-B with two different American vendors. I did not get picked in Company A but got picked by Future firm, Company B.

    I now have RFE with Company B and they are planning to Withdraw the petition.

    Here, my Company A applied for COS and I got my H1-B cap gap I-20 with Company A as an employer, where Company B applied as a consular Process (didn’t knew until yesterday that Company B applied under CP).

    Here are my questions:
    1. I’m still working with Company A, is that legal to work with them under cap gap even after I did not get picked with Company A ?? [but got picked in the lottery with company B.]
    2. I’m I allowed to work until Sep 30th under cap gap with Company A or should I quit once the Company B applied for H1-B withdrawal.

    Thanks,
    Ravi

    Reply
    • Pffft! Ppl from Cal are still waiting for approvals! Why aren’t they transfer cases from California to Vermont Service Center if “for vermount they are doing fast approvals”? 🙁
      Some nonAD|RP are already with visas, some got approve after RFE (from RFE till approve passed 60-90 days!!!) & some (as me) are still waiting for ANY news(
      I’m so upset & confused 🙁

      Reply
  3. My h1b case got approved after rfe yesterday(08/28). Case was picked in lottery on April 13, RFE received on May 29, replied USCIS on July 2 and got approved on Aug 28 VC/EAC/Regular processing

    Reply
  4. Hi
    SOW for client should be from 1st april 2015 to 31 st dec 2015
    but i have SOW from 14 jun 2014 to 12 july 2015 and from 1st july 2015 to march 2016
    can i submit this 2 sow to cover time period

    Br

    Reply
    • Hello ..is their any one who rfe for H1-B Specialty occupation ?
      please if any did get let me knw what all docs u submitted ..Thanks

      Reply
  5. Today I got to know that my petition is Approved but they are saying still they are yet to receive the hard copy…..as per my project requirement I need to travel Oct 1st week. Can anyone let me know after receiving hard copy when I can schedule the interview and after interview when I can travel
    Please let me know if anyone is aware of the queries I am really tensed …….

    Reply
    • Anytime after you receive the hard copy. The rule is you can appear for visa interview prior to 90 days of 1st Oct and you can reach to US 10 days before 1st Oct but can’t work before Oct.

      Reply
  6. Hi KUMAR or expert ,

    I was converted my regular process to premium process on July 10 from California, still I didn’t received any updates .

    Any one know why delay in premium process also ?

    Reply
    • Premium processing was not accepted till July 13 or 14 dew to H4 EAD processing….please check with your employer if they have really filed for the same. I have two of my friends who submitted after July 20th already approved.

      Reply
      • To sach/KUMAR

        Thanks for ur to the point n perfect reply…

        I got reply from my employer still he told that submission on 10 July on premium process…

        I think he is not telling me truth ……???

        To suggestion – I am sure u born on 60th century or ur mind set is 60…..mould ur self with current generation …for better future ….

        Reply
    • Komal – While you still have some time left, spend some time on your English grammar if you don’t want to be made fun of. There are plenty of tutorials online. Your grammar is horrible at present. Didn’t anyone tell you this before?

      Reply
  7. Hey Guyz,

    I had my PAI today in Chennai consulate and know what the interview was a breeze and got my visa approved.
    All the best guyz.

    Reply
  8. I got my RFE approved yesterday(08/27). Case was picked in lottery on April 13, RFE received on Jun 18, replied USCIS on July 1 and got approved on Aug 27.

    It is EAC/RP/Non-Ad.. and receipt starts with EAC15146*****.

    I have been following red bus since 4 months and thanks to all for posting valuable and helpful comments.
    Great job redbus!

    Reply
  9. does any one know what all document are submitted as part of petition submission. does that contains releiving letter also from previous companies as well ? Please respond.

    Reply
  10. Hi Team ,
    My H1B lottery got picked up and from April 13 it is showing me same status as Case was received for EAC151495…. . the CASE no above nad below mine are approved . I am not sure that why it is taking long time for me ? Please help me with the genuine reply .

    Thanks

    Reply
  11. Hi All,
    On 15th July my company informed me about approval of H1B petition.
    When I ask about petition number they says that they can’t disclose until they receive I797 form. How long does I797 takes in reaching to companies.

    Reply
  12. Below are some of my questions/doubts. Your inputs/suggestions please.

    1) Will it not be possible to get visa interview slot immediately ?
    Because, one of my colleague told me that for entire month of October there is no slot.

    2) Is there any premium processing kind of way where I can get slot for a much earlier date ?

    3) At this point, cant my employer change the visa interview consulate location,..lets say like from Chennai to Hyderabad or Delhi if slots are available there ?

    Reply
    • 1) You can change the consulate if you don’t get slots.
      2) No such premium stuff here.
      3)Again you can have a word with your employer.

      Reply
    • 1. It depends on the demand, nothing is guaranteed. Thats why it is recommended to plan early.
      2. Nope. There are some emergency clauses, you may check embassy site.
      3. It is usually recommended to book appointment at your home consular district office. I suggest you check with the customer service listed on ustraveldocs to get clarification.

      Reply
  13. Hi Friends,

    Any one Applied through Argha or dwp practise from Hyderabad ?

    Please let me know , is this people are geninue

    Reply
  14. i have a theory,

    I got a RFE on my H1B,
    Though the application processes are selected randomly as we have all checked the uscis website for multiple numbers, i see that from my org the applications were processed for each client.

    i.e. if you have client A-> all applications for client A applied for a center were processed in order (in a matter of few days)

    any thoughts?

    Reply
  15. Help me guys,
    My consultant sent application on April 1st, as of today, they kept telling me to wait.. Should I keep waiting? Please advise guys..

    Reply
    • Raju, You should have at least got the case number, if you were selected in lottery. If they are still telling that they have no info, then I guess very less hopes…they may not be telling you the truth. Even, if they applied and was not selected, they should have got reject notice by now…you should ask them for it.

      Reply
      • I am also on the same boat. I saw in a website that my employer filed LCA for the post and location which belongs to the client office. Other than this, i have no options to believe that my case was filed. I don’t have receipt number or rejected letter. What is the state of my application – is there any historical data from USCIS with no state?

        Not sure how many are still with no receipt/rejected state.

        Reply
  16. I received following two RFEs….
    1) EMPLOYER-EMPLOYEE RELASHIONSHIP AND AVAILABILITY OF
    SPECIALITY OCCUPATION
    2) EVIDENCE PERTINIG TO EQUIVALENCE TO COMPLETION OF A COLLEGE DEGREE
    Any suggestions on first RFE, please? My receipt# – WAC151475****

    Reply
  17. Damn, people are still waiting for H1B approvals..!!!!!!! I just randomly opened this site after a long time to see whats the discussion.

    Reply
  18. Still waiting for approval. WAC1514653***. I travelled to US with H4 after my H1 got selected in lottery. Will this affect my approval ? How long will H4 to H1 conversion take ?

    Reply
  19. My Case get approved on 23rd July, but still not received I797 copy.
    should i be contacting USCIS, is there any one else on same boat ?

    Reply
    • It is because, your employer don’t want to hand over to you.
      Ideally USCIS send it to the employer withing 7 days max.

      Once you get your I797, you can change company. So few employer had this practice of handing over the I797 before the travel.

      Reply
  20. Hey Guys help me on this.

    When you are saying that the petition is approved by USCIS,have you received any hard copy for the approval.
    Because when i contacted my company they are stating ‘your petition is approved from USCIS and yet to receive the hard copy of the approval ‘Once we have it we will communicate the same with you.

    Reply
    • Initially the status gets updated in the USCIS website and the hard copy will follow to your office. You can check with your receipt number in the USCIS website. May be your company is waiting for your I797 hard copy.

      Reply
      • Thanks.

        Is it conforming that my H1b Visa is approved and only Hard copy is pending from USCIS. So is it Green signal or any more verification done by USCIS

        Reply
        • If you are able to see “My case approved” status in USCIS, then you have got the way for Visa stamping and no more verification on the petition.

          Reply
        • Seriously…???
          Everything you want as a spoon feeding,
          Why cant you guys put little efforts to understand basic H1B process…
          Dump A***, So called “s/w Engineers”…
          N’joy ur ride…

          Reply
  21. Hello All

    My case is FINALLY APPROVED after a long wait.. I lost my patience and became very restless as all my friends got approval in June itself… Was really worried.. I just have one thing to say.. Please be patient for few more days… If u have applied through a legitimate company, I m sure u will get approval soon..

    My case details.. EAC1514050*** Vermont Center.. Masters Student on OPT.. Case was received status from Aug 13th till Today.. NO RFE.. Direct Approval on Aug 26th 10:00 AM EST 🙂

    Thanks a ton Red bus.. I was sitting on this page more than Facebook last one month.. Good luck to all waiting.. 🙂 God bless

    Reply
  22. Is anyone from Brazil that Went to the interview and visa stamp in the consulate ?If any and could share the questions asked and interview experience would be great ! Thanks !

    Reply
  23. Hi All,

    My status still shows “Received” since Apr 13th.
    EAC151425XXXX

    I did not convert to premium so it is still non-AD RP.

    Any idea why this is the case? I am using my CPT at the moment.

    Thank You,
    Binoy

    Reply
  24. hello
    My friend got his case number today. On uscis website the status is showing as his petition got picked up on July 30th. Is there any lottery process done on july 30th? Can we still wait for our case status?

    Reply
  25. My experience:
    Case was received – April 13.
    RFE Received – June 12.
    RFE Response – July 16 and same updated in USCIS.
    Approved – August 26.
    RFE reason – Don’t know.
    RP/NonAd/EAC151425****.

    Thanks to all and redbus..

    Reply
  26. My case number is EAC151465XXXX submitted to vermont center. Status is still shows “Case Was Received” since April 13 2015.
    Few people got REF & post which got approval as well. For me Neither approval nor REF. This wait is killing me. Any idea by when they will at least review my case, Do they have any deadline ?

    Reply
  27. to all, am very happy to say my petition got approved.. just saw the message.. i got RFE on june 5, they submitted response on Aug3 . today i got approved…

    Reply
  28. Hi all please advise when would be the best time to go for the visa stamping.
    I am planning to go in September.
    And please let me know what questions I can expect at the interview.
    Please advise.

    Reply
    • Sri, there is nothing like best time, anytime that works for you is best. Read our Visa experiences section, it has a lot of information on experiences.

      Reply
    • Questions depend on the US petitioner. If it’s a well known employer, questions are just formality and no document shall be asked. But if the petitioner is lesser known, you may face more questions and some docs may be asked. And if the petitioner is a very small company or kind of consultancy then go with all the documents and prepare yourself for any question that will be asked.

      Reply
  29. Hi,
    I have question on Visa period for H1B on my case. Previously i have stayed on L1b FOR 2 Years and came back to India stayed 3 years at India and got my petition selected in 2015 Lottery.
    In this case i can stay at USA 6 years (Since h1b Max is 6 Years) or 2 years stay will be counted. Since i am out of USA for 3 years, in this case am i applicable for 6 years stay or 2 years stay will accounted in the max 6 year limit. Kindly please clarify if any one has any idea

    Reply
    • Thsi is what I know…..You just need to stay out of US for 1 year which you did and infact you stayed out of US for 3 years so you will be eligible for 6 years from Oct 1st 2015 assuming your petition got approved.

      Reply
  30. My H1B Case status is still in received status. Can anyone let me know how long it will take to get the approved status?

    Last processed case in California Service center seems to be on April 22,2015.

    Reply
  31. After receiving RFE notice till how many days we can respond in regular processing and after RFE submission how many days USCIS takes to change the status to received.

    Reply
  32. Hi Kumar,
    My new H1 Visa case got selected in lottery but I still see “Case Was Received” status on Visa status tracker page on USCIS site. Do you have any idea why my case was not picked where as 8-10 cases before and after my WAC got approved.
    Can you tell me if I can track it some way.

    Reply
    • Yeah, Kumar has kept it on hold purposely…
      It has nothing to do with sequence when it comes to approval.
      Case evaluation and approvals are happening randomly…
      Why cant you do little analysis prior asking some stupid question (Do you have any idea Why my case was not picked?)

      Reply
    • Rahul, every case is different and there is no SLA. They are not processed sequentially. Dont worry too much, just have to wait. If you need quick response, you may consider moving it to premium processing, then you will get result in 15 days.

      Reply
  33. Hi kumar
    need one help
    i got rfe where they have asked for client information .
    sow starts dates are 1 july 2015
    but in sow only it says estimate start date is dec 2014

    what date i shoukd consider out of this 2 dates and what will be the issue

    Reply
  34. Hello All,
    Need advise on visa stamping.
    When is the best time to attend for interview and what questions can I expect.
    I am planning to go for stamping in September.
    Please advise

    Reply
  35. Finally I see the status “My case was approved”, my petition was picked in lottery on Apr 13th, Got an RFE on Jun 20th (not sure what the RFE was about 🙂 ). May attorney submitted the required documents in July Second week and the status got updated to RFE received on 16th Jul. Finally yesterday i.e., 25 Aug, the petition got approved. My case is RP / non-AD. Series : EAC151425XXXX.

    Thanks to the updates from redbus2us.com and I wish all others who are waiting for petition approval get their good news soon.

    Reply
  36. I am currently on F2 visa and my H1B petition is pending since Apr,2015. My employer did not file Change of status F2 to H1B along with the initial H1-B petition. I don’t want to go back to India for stamping as of now. Please advise on the following.
    1. Can Change of Status be applied now ?
    2. What are the chances of getting it approved before Oct 1 ,2015 ?
    3. What is the process and the fees involved for applying for COS ?

    Reply
    • 1. You can apply for COS after the approval is completed from USCIS.
      2. Well, we cannot say as USCIS does not have any SLA, unless it is premium processing.
      3. Check USCIS website or you can work with your employer.

      Reply
  37. Hi, I am on L1 for last 5 yrs in USA and got picked in H1 lottery this year with case pending.
    1) If my H1 is approved will I get it for 1 year or 6 year as we can stay in USA for max 6 yrs ?
    2) If I’ll go back to India and take a break for 1 year ,can I come on the same H1 b approved petition and can stay for 6 years on H1 or i have to do the same lottery process again?

    As I will be having 1 year only to start my GC and get my H1 extended each yr. It is advisable to stay here or go back to india take a yr break and come back. Pls suggest

    Reply
    • Start your GC process as soon as you start H1
      as far as i know – pending PERM or I-140 also allows you to extend your H1B beyond 6 yrs.

      (This is not my legal opinion).

      Reply
  38. H1b visa(filed on 1 April 2015) stamped today. Mine is one of the top 5 IT services company in India.
    Questions Asked:
    1. US Petitioner ?
    2 How long u r working for petitioner in India?
    3. US salary?
    4. US designation?
    5. Client?
    6. Client Location?
    7. Highest qualification?

    No documents asked. Q&A was very quick, got over in less than 1 min.

    Reply

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