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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. Good News!! Finally my H1B Approved on October 22nd

    My Case details EAC1514450***

    10/22/2015:We approved your Form I-129, Petition for a Nonimmigrant Worker.

    10/10/2015:We received your Form I-129, Petition for a Nonimmigrant Worker, and emailed you a receipt notice. It is being processed at our Vermont Service Center location.

    08/10/2015:We mailed a request for additional evidence for your Form I-129, Petition for a Nonimmigrant Worker.

    04/13/2015:We received your Form I-129, Petition for a Nonimmigrant Worker.

    Reply
  2. My H1 is in rfe response received state. The problem now is in my passport, my name has an extra space in my first name. Even my H1 is applied now with the same name as in my passport.
    Now my question is, if my H1 gets approved, I am thinking of correcting my name in passport so that it will be same as per my education documents. How can I update this corrected name in H1 approved copy? Do I need to again amend my H1 for the name change and will take again 3-4 months for this professing? Please explain if you have come across such situation before. Thanks.

    Reply
  3. “Case Received” cases will either go to Approved or RFE. USCIS website mentions this clearly. So all the guys in “CASE RECEIVED” status don’t be worried.

    I am yet to see a change of status from “Case Received” to Denial.

    Cheers 🙂

    Reply
  4. Dear KUMAR/expert,

    I m working in small it company and which is having 7 people in us.
    Today I given interview n VO given me white 221g form and told submit document as mention ….

    1)How much chances of approval?
    2) How much time it will take for result after submission of doc?

    Reply
    • Don’t depend on people here for advices related to this processes..

      People post their own views(may or may not be correct).

      check with your employer

      Reply
    • Venu,
      1. No one can provide a number for this. All depends upon your response to the 221g questionnaire.
      2. No set SLA – can vary from few weeks to several months.

      Reply
    • Hi Venu,

      Could you please let us know what all documents are mentioned in 221g? Frankly your petitioner should have provided all the necessary document which VO can ask. If you could share the list it would be helpful for everyone.
      You should get your visa if you provide all documents they are asking but there is not set timeline.

      Reply
    • Hi Venu,

      Could you please tell me through which company you applied and which location you attended the interview in india ?

      Thanks

      Reply
  5. My H1B petition (WAC15146XXXXX) was approved on 21st Oct. It is filed from California center as a regular process with NonAD. All the best guys…
    1. Case received on 29th Apr.
    2. RFE on 17th Aug.
    3. Response received for RFE on 23rd Sep.
    4. Approved on 21st Oct.
    5. Yet to get hard copies from USCIS.

    Reply
    • My H1B petition (WAC15147XXXXX) was approved on 21st Oct. It was filed from California center as a regular process.
      All the best guys…
      1. Case received on 2nd Apr.
      2. RFE on 17th June.
      3. Response received for RFE on 23rd July.
      4. Approved on 21st Oct.
      5. Yet to get hard copies from USCIS.
      As you have noticed, it took around 3 months from RFE response to Case Approved. But the wait was worth it !!!
      Best of luck to all….

      Reply
  6. Dear all,

    I m working in small it company and which is having 7 people in us.
    Today I given interview n VO given me white 221g form and told submit document as mention ….

    1)How much chances of approval?
    2) How much time it will take for result after submission of doc?

    Again and again waiting……..:(

    Reply
      • They ask few question about my employer and client….

        And they told me to submit 3 documents ( client letter, contract between employer ,project description )

        Reply
    • Venu,
      1. No one can guess your chances of approval. It all depends upon whether your response and submitted documents can address the asked queries to the VO’s satisfaction.
      2. There is no set SLA. At times it takes few weeks; other times it can take several months.

      Reply
  7. Finally my case got Approved yesterday i.e. 22nd Oct 2015. Here are the details.

    Case Recieved : 13 Apr 2015
    RFE Recieved : 5 Aug 2015
    RFE Submitted : 1 Oct 2015
    RFE Approved : 22 Oct 2015

    RP/Non AD / WAC1514******/California Processing Centre.

    Thanks you Kumar and all for being with me all these while. Lastly good luck for all those who are waiting. Good days are here to come 🙂

    Reply
  8. Has any ones employer raised a request why the case is in case received status so far? If so what reply did they get from uscis. Please share

    Reply
  9. HI,
    Will Embassy people agree, if i say it as in-house project?

    I got RFE(documnets asked from my consultancy during RFE) and Case got approved, now when i ask my consultancy they saying that i need to tell in Embassy that it will be in-house, so can anyone tell whether visa stamping will be successful?

    Please provide your info guys 🙁

    Reply
    • Mine is inhouse project and they also asked me in interview. Nothing wrong in that. Just get some details about project which u r going to work. They will ask about project description. Keep project plan as well with you. My employer gave me all those documents.

      Reply
          • last year i got visa for one year and expired by sept 30. now i filed for extention with new client details that is cap exempton + amendment

        • They are really taking so long. My employer is working on getting my petition upgraded to premium. Hopefully it will be done by end of next week. USCIS seems to be still working on May cases.

          Reply
          • Do u hv any idea on how they will do. i mean regular cases and cap exemption cases by same departmnt or different. Mostly i can see all regular cases(2015CAP) getting it approved But not cap exemption

  10. hi all,

    Finally, the painstaking is wait is over for me. Applied through a small American owned company and the process went as follows –

    April 13th – Picked in lottery
    July 23rd – RFE on Specialty Occupation
    August 28th – RFE response received
    Oct 22nd – Approved

    I visited this site every and every hour I checked for status…these past 6.5 months was brutal…for those who are still waiting..GOOD LUCK and thank you all for keeping hope alive.

    Reply
  11. Long Wait is over! Most awaited smile on my face finally! 🙂
    EAC 151485**** /Non AD/VT/Regular
    April 13-Case Received
    Jul 07-RFE on Credentials
    Sep 15-RFE Submitted
    Sep 23-RFE Received- Status update
    Oct 21-Case Approved

    What a stressful process it has been.Happy that I found the light at the end of the tunnel.
    This site is very informative,thanks everyone for the information. Don’t lose your hope! I will pray for you!

    Reply
  12. Its already 22 Oct. My analysis says hardly max of 10% of cases are yet to receive decision.

    I think all the denials will come from this remaining bucket of 10% cases. thats whay they are delayed. clear cases are being approved first and the tricky ones are delayed.

    Unfortunately i am also in that last 10% bucket.
    Please pore in your thoughts also. Lets face the truth 🙁

    Reply
    • yes you are right.. all denials of h1b have started coming in.. case received wI’ll go directly to denial. this is due to security check failure for small companies

      Reply
        • Exactly, don’t demotivate others. Mine was ‘Case Received’ till yesterday and got RFE.
          So there is hope.

          Have patience, I know it’s difficult to have at this point of time.

          Reply
      • Don’t say that all the “Case received” cases will go to denials.
        They will either go to Approved or RFE. USCIS website mentions this clearly. So all the guys in “CASE RECEIVED” status don’t be worried.

        I am yet to see a change of status from “Case Received” to Denial.

        Reply
  13. Still waiting. RFE response received since a month. I am sure I will be the last one to fly if at all it got approved. lol. I wonder why I always come last. When I don’t, it means I were’t there.

    Reply
  14. Hi Folks,

    RP* , VSC, EAC1514******got approved.
    Details:
    Case Recieved: Apr 13
    RFE : June 30
    RFE recieved: Sept 15
    Case approved : Oct 16

    Gud luck to all the guys who are still awaiting approvals. Keep Faith!

    Thanks!

    Reply
  15. Dear KUMAR,expert,sun, angel 4 me

    I was done my Vfs and tomorrow is my interview schedule .

    Now I observed one mistake in DS-160.

    Address where u will going to stay in us( I was mention only hotel name address was not mention )

    Can u suggest me what I can do ? Very tense situation …..

    Reply
  16. Hi

    is anyone still in case received status???
    If so has there been a request raised by company why the cases are delayed ? I see that uscis is replying to the delay. If anyone has got the reply please share what was the reason.

    Reply
      • yes he raised a request and it is updated that they have sent the response on 15th oct. Also I can see the service request number. does any one know if the response would be hard copy or email?

        Reply
  17. Now a days they are approving only Premium cases i think. I didn’t see any Cap Ext+Amendment cases. Any one here with similar case. I am waiting from 4 months EAC15196******. My frnd case got approved on Sep 21 for May 12th Cap EXemption. Aftr that i dint see any.

    Reply
  18. got the approval mail today finally 🙂 🙂 …… it was in RFE for long duration so we converted to premium and approval on 2nd day itself.

    good welcome of dussehra.

    Reply
  19. Hi

    Can some one tell me how many days it takes to get appointment in Hyd for visa interview from the time Of scheduling?
    or provide me the link where i can check these dates, i tried in the google, where i m not able to get the available slots

    Reply
  20. HI All, My case was approved for 1 year….. May I know when Can I extend for next years…. I mean is it any mandatory rules like we have extend it before dates?its valid from sept 10 2015 to sept 9 2016….. so, when can i extend it…

    Thanks in advance

    Reply
    • Generally in my company , you have to apply for amendment before the 6 months from the date it expires, you can stay in US for another 180 days from expiry if u have applied for the amendment and not processed, U are not required to travel outside the US during those 180 days, if u travel u are not allowed enter US without new stamping.
      Someone correct if i am wrong

      Reply
    • Approved_for_1_year,
      I agree with MNR_blr’s response. The only correction is that one can stay for up to 240 days inside US on the basis of pending petition.

      Reply
  21. Finally it got approved after 3 years!

    RFE received: 4-July-2015
    Center: California
    Approved Petition Received on: 20-Oct-15
    Petition No. :- WAC151XXXXXX

    All the best for those who are waiting.

    Reply
  22. What is the fate if 2 h1b petitions are picked in lottery?
    Petition 1 : by employer A , waiting for approval
    Petition 2: by employer B, security check

    Will this security check impact the processing of petition 1 also?

    Reply
  23. Hi team,

    My h1b rfe status got changed to “USCIS received rfe response” on sept 28th . Please let me know how many days take to approve it? I am seeing couple of cases for case denial. Iam getting scared.

    Reply
  24. Friends,
    My case got approved after RFE.
    REGULAR and vermont.
    received RFE on June 1 2015.
    my consultact responded on Aug 25 2015.
    status updated as response received on USCIS site on Aug 28 2015.
    My case approved on oct 19 2015. ( 53 days it took to approve)

    i applied from consultant in californina.
    Can anyone help me how many days it will take to get documents and also please guide me how to prepare for interview.

    Reply
    • Congrats Suresh, mine is just 25 days passed when status was change to “Case Received” after rfe. As you mentioned, your case took 53 days , its good sign for all people who are waiting for approval.

      Reply
    • suresh,
      Documents should be received by employer/attorney within 1-2 weeks. If not received within 30 days, they should follow-up w/ USCIS.

      Reply
  25. Hi

    I had left my current organization in July due to health issues and currently unemployed. I have got my I797 now from the consultancy and now i’m planning to fill the DS160.
    in the Present company details should i mention ‘Not Employed’ or can i provide the the recent employer details and also please suggest does it have any adverse impact during stamping if i say to VO that i’m currently not working. Please help me out.

    Reply
    • Hi
      did you work for mnc .was it filed by the same employer or desi consultancy. Plz clarify the details so i would be with you shortly.
      Thanks

      Reply
      • Hi

        Yes, i had worked for an mnc and currently not working with that as mentioned , but the petition was submitted by another consultancy which has given the I797 to me now.Thanks

        Reply
        • Hi
          thats fine man if vo ask you about previous job then you can show pay slips and say it is a new opportunity for me .and say say only if they ask further that its a rule to give leave the job befire some month .
          Thanks

          Reply
          • Ok..Thank you for the reply..so in the DS160 in the present employer column should i give my previous employer details or have to mention it as ‘Not Employed’ …Please clarify

  26. Hi all,
    I have been following this page from a long time since my application was also in RFE status since July end.
    Finally after a long wait my application got denied.
    I dont know the reason yet.
    Anways good luck to all who are waiting.
    Its time to bid adieu following this page…
    Bye all…

    Reply
  27. Any one from capgemini w8ing for stamping update?,
    On May 30th,they had intimated that it was picked up in lottery but didn’t get next steps to proceed after that..

    It’s already 5 months & no communication yet.. Anybody w8ing for d same..

    Reply
      • No, we are not shared with Case details to check status in USICIS.
        How about your status?
        Are you Currently working for Capgemini.?

        If possible share your details

        Reply
      • We are not shared with case details to check d status.

        How about your status,
        Are you currently working for Capgemini.

        Could u share u r details,I am available at Id suena4u

        Reply
        • yes, am working for capgemini………. my case was approved and am waiting for stamping…..let me knw ur cap username.. I ll ping u there..

          Reply
          • I am not working for Capgemini yet, but petitioned for H1B by them.

            We are not shared with our case details to check about the status.

            Do you know the reason for the delay in Stamping?

            That was my g–mail id, you can connect with me on that..

          • I am not working for Capgemini yet, but petitioned for H1B by them.

            Received document from capgemini but after sending many mail , no response from HR.

            seems like will take next few month for visa stamping

            share your details so we will be in touch.

  28. Hi guys , lets troubleshoot why our case status are not moving . I think some unusual cases are keeping under case received . lets all us post our such like special/not usual things in our profile ..if at such were there.so that we can assert that , really there was some reason behind this delay or simply its USCIS negligence.lets start with me ..I have one unusual thing in my profile i.e I have valid f1 visa with which is not utilized as I dropped goin on student visa due to some personal reason and I’m still in India . I think this is the reason why my case is getting delayed.

    Reply
    • I believe it is the sponsor’s name but noticed that ppl here are scared of giving their sponsor name. Anyways i am from Geminiitlabs and learnt that most of their applicants are stuck in case received.
      @Case was received, Who is your sponsor?

      Reply
    • Tringapps (a consultancy) looks another victim. not sure as I just observed it from below comments. Applicants fro Tringapps can throw more light.

      Reply
      • @Edge, I respect your thoughts but any rationale behind hiding the consultancy name?
        I am from geminiitlabs (case received) and feel some of the consultancies are picked up by USCIS for leaving the case in received status.

        Reply
        • I am also from Gemini It Labs..H4 to H1 ..

          Guess nothing wrong with our profile but it is something wrong with our consultancy’s profile for which all our petitions are under security check

          Reply
    • My consultancy name is Virinchi.
      Unusual thing in my case is I applied H1B when I was in india, but by July month I came to US in H4 and am still in US. Please let me know if this would be an issue.

      Reply
  29. Is any one waiting for status change from RFE issued to RFE response received after submitting the RFE documents for more than one month?
    We have submitted doc last month but status shows still shows RFE issued?

    Reply
      • Same here. Employer said that he submitted the documents in September 1st week but the website still shows “RFE sent”.

        I m not sure if my employer has submitted the RFE response documents. I asked him for the tracking number of the package he sent to USCIS while responding RFE but he is saying some stupid reasons that he cannot provide that tracking number. Guys, do you know of any means to verify if my RFE is being responded or not? Last date to respond to my RFE was Oct 8th.

        Reply
        • It took about 14 days for my status to change from RFE mailed to RFE received.
          For some folks here on this forum has taken 23 days, 20 days and so on.
          I would suggest don’t completely rely on USCIS website, they don’t always update the status as they receive it.
          Also, meanwhile if possible ask employer for delivery confirmation.

          Good luck

          Reply
  30. My case status showing as below.
    Document Was Returned To USCIS
    “On May 13, 2015, the Post Office returned your document to us. We will hold your document for 180 days or until November 9, 2015. Please go to www.uscis.gov/e-request to request that we resend the document to you. If you do not submit an online request by November 9, 2015, we will destroy your document and you will need to file a new Form I-129, Petition for a Nonimmigrant Worker, with fee. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.”

    After this My employer changed the address and received the letter, and till now no update on this , any one please advise.

    Saurabh — Can you please advise, what does it mean any idea,

    Reply
    • Hi Ram,

      If you register and login on USCIS website and then check the status of your case, you will be able to see the “Case History”, in that you will be able to see what was the status before this status. was it rfe or approved.

      Reply
    • Ram,
      Looks like USCIS send a package to employer/attorney and was marked as undelivered. Your attorney should contact USCIS and update the address and ask for package to be resent.

      Reply

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