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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. Looks like they stopped approving Cap exemption case. I am waiting from Vermont center from july 02nd in regular processing.
    Any one got approval for June filed cases.#EAC15196*****

    Reply
  2. Hello Guys,
    My RFE response was received by USCIS on 28th August, still waiting for an update. Anyone in the same situation? Please reply. Thanks.

    Reply
  3. My RFE Details
    Itinerary of Employment
    ======================
    The Following list contains Suggested evidence that may be Submitted.This list is not inclusive.You may Submit other similar types of evidence that you feel will establish Sufficient Speciality occupation work.

    1.Signed Copies of mentioned end client’s two or three most recently filed Federal income tax returns to include all required schedules and statements
    2.Copies of Company brochures,internet website or any other printed work published by the end client​.

    My Consultancy unable to get the TAX doc of client and they are sending some supporting doc like PO,Previous invoices etc.Can i get the Approval for my Case with above RFE.

    Please advice me asap.

    Reply
  4. http://www.siliconindia.com/news/general/H1B-Visa-Reform-Bill-Introduced-In-US-Senate-nid-189064-cid-1.html?utm_campaign=Newsletter&utm_medium=Email&utm_source=l1indiaorg

    is this the reason for mass denials happening ???

    Reply
  5. Now. It’s my turn . my case approved on 9 Nov ,status changed on 11 Nov on USCIS site.normal processing. Vermont centre, Eac series. Got rfe on 23 July,response received on 22 sept. My b1 and L1 rejected in past. Will update soon when my employer which is a consultancy will get approval document 🙂 🙂 . har har Modi, ghar ghar Modi . best of luck all, your visa will approve soon.

    Reply
  6. Hello.

    My RFE says that we need to respond till 20th of November.

    Should we respond couple of days prior considering time of mail post to be delivered or USCIS just looks on date of sending?

    Thank you

    Reply
  7. Hi All Done,

    Thanks for your reply to my previous questions.
    I have one more question, my employer said that he will not provide the project document. The reason he is saying is we are providing client letter so the project document is not required. Is it true?

    Waiting for reply.

    Thanks in advance

    Reply
    • Hello what are ou trying here….did you apply with internal project or client project? If it’s client project than client letter is enough and make sure ur LCA at the time of filing and this client location are same….if it’s internal project carry project documentation.

      Reply
      • Thanks for the reply.
        It is a client project not internal one.
        I am not sure what and all documents are needed to attend the visa interview. If you have any idea on the list of documents required, please share the list.
        I am yet to receive the documents from my employer.

        Thanks in Advance

        Reply
    • You can either show client project or internal project.

      If its internal project then the project document is required and client letter is not required. :).

      Reply
      • Thanks All Done.

        Mine is a client project and my employer is going to provide client letter.

        Can you let me know what and all documents required to attend the stamping?

        Reply
  8. Hi friends,

    Any one from talencetech?
    My status changed to RFE received on sept 28th.
    Still I am waiting for result? How many days we have to meet ? I am hearing more case denials are coming from calfornia center. Is it true ?

    Reply
  9. HI,
    My Case got approved!!

    Will be attending interview this week
    Mine is In-house project, my Employer just provided roles and responsibilities document and he didn’t provide any project description document, does it affect Visa interview?

    Is that compulsory to have Project Description document?

    Please help!!

    Thanks in Advance

    Reply
    • Hi

      My view is its good to have but not mandatory however apart from the roles and responsibilities it good to have a rough draft plan with key dates taken along .All the best for the interview.By the way your application processed at Vermont or California and is it Regular/advanced degree processing or premium.

      Reply
      • hey,
        it’s good to carry your project description when you are attending visa interview. For sure the VO will ask about your work in usa when it comes to in house and asks to provide project documentation and will ask you to describe your project and your role n responsibilities. Carry your project description and project plan. Be ready to face more questions for in house project be confident and hope there are no complaints on your employer in usa. all the best and pls post your experience after your interview…..

        Reply
    • it means , case was approved but the decision is denied. you have to apply again with different vendor with this approved petition and wth denial notice.. pichchii…. pulka…

      Reply
        • hold on… the header itself he wrote as “Case Approved” and is asking what does it mean. what can anybody say about this. questions should be meaningful so as to get clarifications.. why didnt you responded then.. another pulka…

          Reply
          • Helo mr.useless guy, no one is that much free here to mention everythng in header,wats ur pblm, no one is expert in al these and no one is questioning simply and for timepass.Try to respect others concern r mind ur business.

          • Hey God what happen i am still waiting for my visa ,please help me …..i know ur not good for me but this fool getting approval n i am waiting 🙁

  10. My Petition was selected in lottery , till now no RFE and no change in my Petition …waiting for it…employer … globalintellectuals

    any one with globalintellectuals , in same situation…. ?

    Reply
  11. Hi ,
    My petition got approved on 4th nov. When may I expect to get the approved petition copy ? anybody has any idea? any stats?

    Reply
  12. My H1B denied on 6th Nov.

    RFE on specialty occupation. California service center. Reason not known yet.

    Can i apply next year from a different employer
    Will there be any issues ??

    Reply
    • H1B_RFE Waiting,
      If RFE was related to specialty occupation, then denial reason may most likely be the same. You should correct that and work towards more effective documentation. If you file through same or different employer in future, it may again run into same issue.

      Reply
  13. H1B Approved (WAC1514******)
    I applied for H1B on April1st 2015 through a consulting company. Never received any receipt notice.
    May 2nd – Consulting company notified me cheque was enchased by USCIS (which indicates that my case is picked in Lottery , yet no receipt received)
    June 30 – RFE received.
    Sep1- Response to RFE sent.
    Oct 22- Case status change to RFE response received (status changes after Lawyer called up USCIS requested for the status)
    Nov4th – H1B status changed to approved in USCIS site.

    Thanks to this forum, I have been a silent Observer. Mostly all the case will hear the result by Nov end. To those who are waiting good luck.

    Regards,
    MS

    Reply
  14. Finally long wait got completed.
    My h1b got approved yesterday.
    history :
    Receipt No : WAC1514******
    April last week: Case Received
    June 24th : RFE received.
    September 1st week : RFE mailed
    Nov 6th : Case Approved. there is no status for RFE Response received, directly approved
    Thanks to every one for your valuable comments on this forum and best of luck.

    Reply
  15. Did anyone from Collabera get your visa stamped?. My petition was approved long back, these guys are not sending me for stamping. They are holding the docs with them from 2 months.

    Reply
    • Even me on the same boat.. Petition got the approved… collabera shared the receipt in OCT waiting for the documents
      Please share if you got the documents

      Reply
      • Yeah, they did give me the receipt number long back in June. My petition got approved in 1st week of October. Till now I haven’t heard from them. Not sure what their plan is.

        Reply
  16. My Case was received by USCIS on May 26th. But my employer informed me that I have got an RFE before 20 days, but the case status in USCIS site is still in ‘case received’. Is this is really possible to happen ?

    Also what are the details that we need to call USCIS as a petitioner or Applicant to discuss the details of the case ?

    Reply
    • My status is still ” Case Received”. But got RFE couple of months back. Now have got all the required doc for responding and waiting for attorney to review, also upgrading to PP with the response.

      Reply
  17. Hi Kumar or anyone in similar situation,

    Actually we got a RFE for H1 this year and we replied on Sep22nd and from then my receipt online status is not changed to received.So my employees called uscis for enquiry and they sent this:”our records show that your i129 is currently pending adjudication .we regret that we are unable to provide you with the completion date at this time”.

    May I know what this mean, are they looking into my case? if so still my online status is not changed to received.

    Thanks for your reply in advance.

    Reply
    • Hi Sweta,

      Do not worry. The site is not that updated and in sync. I got RFE first then after 10-15 days status got changed on site. Keep checking with your employer.

      Btw I do have RFE sent one month back but status is still not updated 🙂

      Thank You,
      Kunnu

      Reply
  18. Hi my stamping complete successfully
    1.End client?
    2.Spell the name (as the client name was not popular)
    3.What do the do?
    4.What you do for them?
    5.Ur travel location

    to my spouse
    1. how log have you been married?
    2. how many hours ur husband work each day?

    Reply
  19. I am sure there are few from Gemini who are still under case received status like me. Has anyone spoken in detail with employer? Any further action plan apart from wait and watch?
    Do you think the company has been considered as willful violator for this year ?

    Reply
    • still in received… ispoke with him few days back..he told its under security check ..not sure how many days it takes. have you discussed with him

      Reply
  20. Hello guys..my rfe response was sent on 20th Aug. .however I’m still waiting for the updates.updates . my employer told me now a days they are taking 90-120 days for RP. 🙁

    Reply
  21. Hi all,
    Finally im done with my stamping also. Questions asked by VO are :
    1)Employer name
    2)client
    3)highest degree
    4)salary
    5)experience
    6)roles and responsibilities

    Reply
  22. I received email about selection and approval of my H1B in the July-15. My employer is not doing stamping and asking to wait for project.

    I am not in US. My employer did not shared any details about my petition.

    Is there any way to break through?

    – Santosh

    Reply
  23. Finally got my Approval. The information is updated in USCIS website.
    Picked up in lottery : 13th April
    RFE received : 28th Aug
    RFE response sent : 26th Oct
    RFE response received by USCIS: 27th Oct
    Approved : 4th Nov
    Upgraded to PP, California Center

    Best luck guys.

    Reply
  24. Finally my wait is over. I got my approval today. Details below

    H4 to H1
    April 13th picked in lottery,
    July 9th RFE (Regarding roles and responsibilities and consultancy tax documents),
    September 28th RFE documents submitted,
    November 5th Approved.

    Status did not change to RFE documents received. My employer has upgraded my application to premium processing and even that did not update. Directly approved.
    Hope my fellow waiting people will get their status updated as soon as possible.

    Reply
  25. Hello,

    Yesterday I had sent mail to Visa team requesting petition status.

    Today I got response from them as “Petition is approved and we are waiting for hardcopy to be received”.

    My best wishes to everyone who is waiting for approval and congratulations to already approved petitions.

    I was waiting for 4 months to receive update since documents were sent .But the wait was really worth.

    All the best ..

    Reply
  26. Hi Kumar,

    Can I file two cap-exempt petition from two different employers?
    Will there be any issue if both get approved? or will they raise an RFE for this ? I don’t have to go for stamping as I have a valid VISA till next year from another employer who revoked my petition.

    Reply
    • If the petition is revoked before October 1, the applicant would never have applied for admission to the USA in H1B status, would never have had an H1B approval because of the revocation and therefore would never have been counted under the Cap. The number previously allocated would be used for another applicant per 8CFR 214 (h)(8)(ii)(C). The number can’t be allocated twice.

      Reply
  27. my status is still showing case received status from april 13. is there any one else in the same boat . i m just getting worried, whether it will happen or not ?

    Reply
    • Dont loose your hope, you will get direct approval.

      by early 2016 everything will be fine.

      nine six six six five five four four four five

      Reply
    • I understand, it is horrible.. but we cant do anything. Just wait .. they will process all cases sooner or later. we might get direct approval. i got after a long wait. USCIS does not provide any reason/explanation for this. If possible ask ur employer/Attorny to raise a ticket.

      Reply
    • I am also in the same boat ..case received from April 13 (EAC1514***)..and my case is under security check. Unless it gets clearance , USCIS will not start processing , so it is on HOLD.

      Your employer should know if t his is the same situation with your petition as well.

      Reply
  28. Finally got my Approval today. The information is updated in USCIS website.
    Picked up in lottery : 13th April
    RFE received : 2nd Sep
    RFE response sent : 13th Oct
    RFE response received by USCIS: 27th Oct
    Approved : 4th Nov

    Thanks everyone.

    When can I expect to get the hardcopy of approval. Any idea?

    Reply
  29. Finally long wait got completed.
    My h1b got approved yesterday.
    history :
    Receipt No : EAC1514******
    April 13: Case Received
    Sep 2 : RFE received.
    October 13 : RFE mailed
    October 27: RFE Response received.
    November 3: Case Approved.

    Please be patient. All is well.

    Reply
  30. I wrote a bad email to my employer as waiting since 46 days and i got this reply…

    Hi XXXX

    We are getting approvals everyday. I would request you to be patient and hopefully we should receive the approval shortly.

    Reply
    • Hi modi, you should keep to be patient.you are lucky person who is selected in lottary out of 233K applications.so god is great! and nothing in our hand or in your employer hand.

      Reply
    • We should learn to get into their shoes too. I am sure they are extremely busy. Don’t be rude with them. Else they will be rude to someone else and the story will keep on. I guess that’s why we Indians have become this way.

      Reply
    • Hey Modi,

      Dont worry . I can understand how it feels everyday when you hear sound of email beep ..Every hour checking status on site and hoping for the best.. it is really a hard thing to go through this patch but yeah you know what ITS NOVEMBER AND WE ARE STILL ALIVE. THOSE WHO WERE NOT SELECTED IN LOTTERY , THINK ABT THEM 🙂 .
      I wish best luck for you man 🙂

      Thank You,
      Kunnu

      Reply
  31. JMD, Got approval notice today EAC/RP/ Applied thru medium MNC having offices in USA and India.
    Case history
    13 April Picked in Lottery
    22 July RFE with multiple points. Almost all information asked. Specialty Occupation, Education Evaluation (Since I have MCA degree with 12 years IT experience), Job Description, Role and responsibilities, company lease document, other employee information etc-etc… All this was taken care by the attorney and did not ask any additional documents from me.
    Sept 3rd week RFE Replied but only updated RFE Response received on USCIS on 21 Oct.
    today : case approved.

    Good luck to all friends who are still waiting for approval..

    Thank you kumar for wonderful platform and all participant in this blog. If this blog were not be there then it would be difficult journey. So again thanks so much…

    JMD

    Reply
  32. Hi, I got RFE again for 2nd time. Is this normal?? I am worried 🙁
    13Apr- Picked in lotterey
    08Sep- 1st RFE received
    07Oct- RFE response received by uscis
    04Nov- 2nd RFE( dont know the details as of know)

    Reply
  33. Hi Guys,

    What are the chances of stamping after approval?
    I have all the documents client letter, SOW and all. I have only 2 years of experience with M.Tech and 1 year Intern.
    Currently working with Good company but H1B sponsor is USA consultancy.
    Waiting for your reply..

    Thanks in advance

    Reply
    • Don’t worry. H1b visa stamping is like pre approved process . Success rate is very high. Please prepare for standard question to be answered.
      All the best 🙂

      Reply
    • If they have approved the application all those questions regarding experience/education does not matter now.

      Just answer all questions properly and in correct manner. Do not lie and try to be smart. Answer what is asked and nothing more than that. Mostly the answers will be in 1-2 words.

      If they find any mismatch in the documents/information you have given and what you are saying then you have a problem. Thats the only thing you have in your hand. They will give you 221g if you speak something odd. Thats still not the end. They will then contact your employer for more documents and process will go on.

      Do not worry much and just answer what is asked based on what you have provided in past.

      DO NOT LISTEN to others interview and get tensed.

      Reply
  34. Hi All,

    Is any one out there whose RFE still pending from California center.
    Got RFE in the month of July and responded to that RFE in the month of August and received to USCIS in the month of September 10th. And it’s been more than two moths that my case is stil showing as RFE response has been received and California center is working on it. Mine is a regular processing. How much max time does it take to Respond.

    Thanks

    Reply
  35. Hi Guys,

    Can somebody share the payscale for Dotnet with 10+ years of experience and current my position is Team Lead.

    I everything goes fine i will be placed in Troy. What will be the best pay to stay in Troy?

    Thanks,

    Reply
    • Dude,
      why are still hanging with dot net still. learn new technologies…States is moving faster with new tech. Learn quickly and join with good pay.

      Reply
        • It will be better ,first 6 months, you should go alone other wise its mouth to eat situation in 65 k mini mum pay scale.h1b is not a easy deal.its waste if it will be approve for 1 year only.

          Reply
  36. Finally long wait got completed.
    My h1b got approved yesterday. It’s a totally different feeling. I can’t express in words. It was finally worth the wait.
    history :
    April 13: Case Received
    July 14 : RFE mailed
    October 20: RFE Response received.
    November 3: Case Approved.

    “GOD is great to make our fate”

    Reply
  37. 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
    • Dude,
      You taught be the real meaning of HOPE. It’s almost time to catch up documentation work for next year quota and you are still thinking about my lottery pick up for previous year. Just relax and forget about h1b this year. Try your luck next year. I can understand the pain but need to live with reality.

      Reply

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