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H1B Visa 2016 – FAQs – Lottery, Quota, Immigration Reform, News

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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

  2. Hi All,
    Its been 2months now after my RFE was responded with the required documents and am yet to get an update. I am sure there would be few, if not many waiting for the approval post RFE response. Would be great if we can form a tracker kind with details and date so that people waiting similar to me can feel a bit better.
    Details below
    RFE received – 1st week of July
    RFE responded- 1st week of Sept
    Status – Awaiting Approval
    Series- WAC15148*****

    congrats to all those who got approvals lately (guess more from vermont ) and all the best for ones waiting (including me :))

    Reply

  4. I am also one of the silent watchers of this site.
    Here is my case history.

    First time applicant – Vermont Center – RP/non AD

    Case received : April 13
    RFE received : July 02
    RFE responded : Sept 29
    Changed to RFE
    response received : Oct 06
    Case approved : Nov 03

    Hope this will be helpful to someone.
    waiting period was really tough and hope everyone’s will get approved soon.

    This site educates me a lot about H1b and the various processes involved.

    Thanks a lot Kumar!

    Reply

  5. Hi All,
    I am one of the silent watcher of this site. Finally the case was approved on October 2 Nov.
    29th May: RFE
    25th August : Response to RFE
    2nd Nov : Case Approved
    Vermont Location.

    The feeling is so great ! the wait was worth it. Best wishes to others.
    Keep faith in GOD. Do not loose your hope.
    All the very Best to others…

    Reply

  8. I wonder how many cases they process per day. Here we see hardly one or two approvals. This makes me feel that Indian government offices work far better.

    Reply

  11. After 7 months – Golden Words Case Was Approved Today

    First thanks God! You Guys and Red Bus! Good Luck for those who are still wating.

    Case Rec: 13 april
    RFE: 28 Jul- Specialty Ocupation
    RFE Respo: 22 October
    Approved : 3 Nov

    :DDDD

    Reply

  12. Hi ,

    I am offered 67k per annum in new jersey area.
    Could you please let me know how much in hand I would get after taxes.

    Thanks..

    Reply

    • I have lived in NJ for 2 years. You would get somewhere around $3900 per month after deducting state and federal tax. I would suggest go with your current 67k package. A lot depends on which area you live in and whether you stay in a shared apartment (if single) or you are taking your family there. If you find your salary too low, then switching to other employer is always an option on H1B.

      Reply

  13. HI,

    My petition/case got approved and i am going to attend interview next week.

    But in my I-129 form they have mentioned “State where i am living” is wrong(i mean completely non-relevant word), so what is the impact for that, will it affect interview process.

    Also in my offer letter they have mentioned my designation as XX, but in Petition and I-129 and I797 they have mentioned designation as YY, when i ask my employer he told me to manage by saying that ” YY is sub category of XX”, will this answer help in interview or do i request for new offer letter by changing the actual name to YY.

    Please help

    Thanks

    Reply

    • If you have time, ask your employer to give new offer letter. Your designation is more frequent question and make sure your designation and job responsibilities are matching. You can still manage by saying what your employer said but you need to be confident.

      Reply

      • Ok Thanks for the info.

        Can you please clarify my other question please.

        “But in my I-129 form they have mentioned “State where i am living” is wrong(i mean completely non-relevant word), so what is the impact for that, will it affect interview

        For Ex: State should be Karnataka, but they have mentioned it as “Patu” ”
        “

        Reply

    • No one can answer this question.. It is purely depends on your presentation and your employer background. VO’s don’t reject intentionally unless they find some fishy.

      All the best

      Reply

    • If your documents aren’t fake and if you give answers to questions properly then, the chances of getting rejected are almost zero.

      Reply

  15. Hi ,
    If anyone processing in california centre.
    Please let me know.
    for my case WAC15XXXXXXXX, in USCIS website it is showing as RFE Response received on October 15.

    Reply

  16. Hi guys,

    Holidays are on the way, how long will USCIS work? When the vacation will start? Do we need to wait after holidays or they will close all the petitions and go home?

    Its panic and pathetic situation a head.

    Thanks,

    Reply

  17. Any one here with cap exemption, Waiting since july 02nd from Vermont center EAC151965****, got appproved before me. I didnt see any approved cases. worried. any idea

    Reply

  18. Hi Saurabh,

    I work for an MNC in India. Applied for H1B through a consultancy and it got stamped for 3 years. I already have B1 and my Company wants me to travel for 3 months on B1. Also I need to sign a bond for 6 months before travelling. So, if I travel on B1 now, I will be able to join my new employer on H1B by next October only. So, if I am joining after 1 year, will there be any problem at POE. Will they reject my visa or question me why I didn’t join a year back. Could you please clarify.

    Reply

  21. Hi All,
    My case got approved. Here is my details
    13th April : Case received
    5th September : RFE
    25th September: RFE response received
    28th OCT : Case approved
    Processing Centre: EAC

    Reply

  22. Dear Friends,
    Finally my wait is over, below are my details.
    13th April : Case received
    7th August : RFE
    16th October : RFE response received
    2nd November : Case approved
    Processing center : California
    Thanks to every one for their valuable comments on this forum and best of luck.
    If anyone waiting for approval who has applied through ETA Inc, please mail me at pulsarspark123 at gmail dot com

    Reply

  23. Hi even my husband is waiting for H1 to be approved. RFE response received in august. But no change in the case status till now

    Reply

  24. even the no of posts here are decreasing day by day as there are very less no of people remaining to update their status.

    I wonder why this always happens to me without fail…… again i am part of the last few people who are still stranded(Remember its November and most of the people applied for H1B are already in USA) and looking at a deeming ray of hope.

    Then i remember the line from the great movie called “Shawshank Redemption” which goes like “hope is a good thing, maybe the best of things, and no good thing ever dies”

    Reply

    • Yep, I am also feeling the same. I dint got thru lottery last year.
      I thought, I lost it this year too but on May 30th, I came to know that my petition got picked up. My response to RFE was sent on Aug 23rd, but was updated in the site on sept 22 and waiting since then :(.
      I really hate to be in this situation. My hopes are getting low day by day. We are already in Nov and I don’t know how long is USCIS going to take to work on our cases

      Reply

  25. Hi all,
    I have scheduled an interview for 10th Nov.
    My name as per passport.
    Given Name : Haris
    Last Name : B C
    But my I797B has name as :
    BC Haris
    Please note the SPACE DIFFERENCE of surname on my passport and I797B.
    Will I have any issue with space in my surname while facing interview. Please please do help me !!!

    Thank you.

    Reply

    • Space will not be an issue until and unless there is a spelling mistake in the beneficiary name .Fill DS 160 Online perfectly as appear in passport and Go Ahead for stamping.

      Reply

  26. Very thankful to this forum for all the support and suggestions throughout this process. Finally my case is approved after 6 months wait. Feels like an entire year spent on waiting for H1 itself. Wonder how long GC process would take. It’s going to be much more painful than this process. Here are my details:
    Case received: apr 13th
    RFE: July 25(Education evaluation)
    RFE responded:Sep 25
    Case approved: Oct 27

    I know its a painful and frustrating wait. But it was worth the wait. I didn’t have much hope at the start as there were more than 230K applications. Really God is great. Just keep the faith and be patient as nothing is in our hands. I have to start planning for all my pilgrimage trips now.
    Just couple of more hurdles now. I just hope that the stamping and POE go through smooth.

    Reply

  27. Hi,
    Unfortunately, my case got denied on 30th October! 🙁
    No reasons given so far. It is only mentioned that they have send the details by mail to my atttorney.
    Any idea why it might got denied?
    Case history –
    Receipt Number – EAC15148*
    1st time applicant
    Got selected in lottery and received notice in May.
    Got RFE on Form: I-129 in September.
    RFE received on 30th October
    Case denied on 30th November!… 🙁
    Employer: IBM India
    Any idea why in general H1B might get denied?
    Also, any other IBM er who has faced the same situation?
    Regards

    Reply

        • H1B Denied,
          What do you mean RFE on form I-129? Did RFE say that I-129 was incorrectly filed? If I-129 was incorrectly filed, only your employer/attorney are to be blamed for this.

          Reply

          • Hi Dears,
            I have not yet been informed on what was actually missing in my Form-I-129. The only information I got from USICS website is that, they requested my Form I-129 (and probably, some details supporting the same). I tried to follow up numerous times with my employer but with no luck! And then, lastly I got update on the usics website that my case has been denied!
            My employer appointed attorney has not yet responded back to me with any reasons so far. But anyhow, doesn’t matter now as it has already been denied.
            You know what… It really feels bad because you get selected in the lottery within a lot of 233000 applicants and then you wait and wait and then suddenly you get denied; probably because of some silly mistakes on documentation etc by your employer/attorney!… 🙁
            I guess, that’s what is “Luck” all about!
            So, I wish all the luck for all those who are still waiting for a response…
            Regards

    • Hi, What documents you submitted for your rfe? whats was the rfe about? you can go for appeal for h1b denails,but whats was the rfe about,by getting know about your rfe questions we can guide you properly.

      Reply

    • What is the RFE you received. Most of the times H1B is rejected due to negligence in documentation while submitting. USCIS gives another chance to provide proper documentation, but if still if we do the same then they will reject. Let us know what is the rfe you received and what all you supported.

      Reply

  28. My Employer told me that my H1b pettition has been denied by USCIS. But the online statish check is still showing response was recieved status. No details about the denial have been received yet…

    Reply

  30. Hi friends,
    I am hearing more case denied are coming from Calfornia location. Is it true? My rfe received status is 28th sept. Still no change.

    Reply

    • Where did you get this info?
      It is nothing to do with whether it is VT or CA if all documents are in place you will get approval soon.

      Reply

    • My rfe received status is sep 2nd, No change. So even you can expect a change in status by this month end.

      and who said the majority rejections are from CA. Even mine is.
      Lets see.
      But am pretty sure everything will be fine. Theirs nothing wrong in CA center, its all your documents and lil faith

      Reply

  31. This is the first time in my life where I felt that I should have born in America or a country where they don’t make you spend almost 2% of your entire life span just decide whether they want to give you an entry pass or not. lol [frustrated and smiling].

    Reply

  33. RFE : July 14
    Response sent : Oct 2
    Response Received : October 20
    Waiting for approval………….
    God, please get my h1b approved soon.

    Reply

  35. Hi All,

    First of all i would like to thanks to Redbus (Kumar) and everyone for their support and inputs for various queries….

    Mine is very small company based in India and US

    Long wait has come to an end with the approval on October 30th.

    08th July : RFE (About the Client Address issue…)
    25th September : Response to RFE
    2nd October: Response Received
    30th October : Case Approved
    Vermont Location (EAC15142514XX)
    Normal processing…

    All the best to everyone those who are waiting…see u everyone in United states… Cheers..

    nine nine eight six seven five three six three seven
    🙂

    Reply

  39. guys,

    My H1B is approved today. Here is the case history.

    1. Aprill 11th Picked in Lottery
    2. RFE on July 8th
    3. RFE response sent on Sep 18th
    4. Status did not change to RFE response received till Oct 30th
    5. Status changed to approved on Oct 30th

    Thank you everyone for your valuable inputs in this forum.

    All the very best to everyone out here who are waiting for approval.

    Reply

  42. I got my stamped today. Below are the questions asked.

    1) Who is your petitioner
    2) Who is your client
    3) What is your pay going to be in US
    4) What is your designation
    5) Is your child US citizen

    Thanks to the people in Redbus….I learnt a lot from the peopleon board … just fantastic group.

    Reply

  43. Hi,
    My case got approved on Oct-27, can any one please tell me how long it takes for the hard copy of approval to reach my employer/attorney?
    Can we take stamping date before the hard copy reaches employer?

    Regards

    Reply

  44. Here is the history on my case: Premium Processing, Vermont Center

    Receipt Received on : Apr 16 2015
    Got an RFE: May 01 2015
    RFE Docs sent to USCIS: July 01 2015
    H1B Approved, COS Denied: July 09 2015

    In the mean time I have changed my client in May

    H1B Amendment Filed: Aug 21 2015
    Got an RFE for amendment: Sep 01 2015
    Docs have been sent for rfe
    Amendment Approved: Sep 25 2015
    Visa Stamping got approved: Oct 15 2015

    Reply

  46. RFE Response received but not yet approved since Sep. 30.

    Checked with attorney and got to know that Vermont Service centre (EAC*) has lots of pending backlog’s.. Need to wait for this month or more 🙂

    Dont lose hope guys.. Pending/Waiting status doesnt mean rejected ..we are still ALIVE 🙂

    Reply

  48. Hi All,

    Till the date i haven’t received any receipt number nor a rejection mail.
    Could anyone tell me whether there is any hope left?

    Reply

  49. Hi All,
    Finally the case was approved on October 29th.
    21st July : RFE
    25th September : Response to RFE
    29th October : Case Approved
    Vermont Location.

    The feeling is so great ! the wait was worth it. Best wishes to others.

    Reply

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