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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. My case is under case received status , it has gone for security check. My question is , if I can find another employer who is willing to sponsor my H1B , will it come under cap exemption ?

    Please note , my case is neither denied nor does it have any RFE .

    Reply
  2. Hi All,
    Got my hard copy today and it is approved only for 1 year. Can anyone tell me how the extension works ? Can i reach US a month or 2 before validity expires and still extend the visa when a month or 2 remains ?

    your helps are much appreciated

    Reply
    • hello, yes you can enter USA one month or two month before but make sure before you enter, you will have a return ticket booked… otherwise at the port of entry they will surely ask your return ticket since your h1b will expire in few months. Once you enter, you can apply for extension and with the extension receipt notice you can stay beyond your h1b expiry(As there is a clause), instead if you want to change employer i suggest better apply with premium processing and start working with the new client. All the best dude…..No worries once h1b i797 is approved it is valid for 6 years and you can use it any point of time in this 6 years.

      Reply
    • Hi,

      When did your visa got approved and when did you receive the hardcopy. I am eagerly waiting for hardcopy. Mine got approved on Nov 4th after 6 months of wait.

      Reply
  3. Hi ,

    By something i got selected into the H1b racket.. my bad in english making some afraid to enter america.. can some one give some types of idea to enter America with good talking writing speaking english .. how to be good writing speaking english like guys of this website.. i am doing good technical job not good english.. please address some english centers in Andhra..

    Reply
    • Yeah man.. ur english is enough to survive in USA.. All the best dude.. keep rocking with the same english..

      Reply
        • It’s never too late to start. There are many tutorials on Google and Youtube. Finish them up and watch as many Hollywood movies as you can. Use earphones instead of speakers. Within a few weeks, you will see a huge difference. Good Luck.

          Reply
        • Communication is even more important than your work. Anybody can work after getting instructions. But, everybody cannot give those instructions. If you want to stay a bottom level worker your entire life, no need to speak. But, if you want to grow, communication is the way.

          Reply
      • It’s never too late to start. There are many tutorials on Google and Youtube. Finish them up and watch as many Hollywood movies as you can. Use earphones instead of speakers. Within a few weeks, you will see a huge difference. Good Luck.

        Reply
    • This is what I did an year back. Took a level assessment and joined British council. My colleague’s could see a stupendous change in me within 3 months. All the best.

      Reply
    • Man, don’t worry……as long as you are good technically no need to worry much….speak less and make your work speak…..there are so many Chinese who don’t even know basic English still surviving…..learn basics of saying when ti say thanks…how are you today….have great day…..doing good…..f***k…..get lost….? come soon….

      Reply
  4. Hello all,

    my visa has been approved, went yesterday for interview in mumbai.
    the interview itself just took just 1 min to complete

    Questions to me:
    your client company?
    annual pay?
    highest qualification?

    Questions to my wife
    for how many years you have been married?
    highest qualification?

    done, visa has been approved thank you.

    case history
    13/04 : received I-129
    27/04: updated your name
    18/05: request to correct error
    21/05: request to correct error processed
    30/06: RFE received
    20/08: RFE response received.
    29/09: approved

    thank you kumar for brilliant forum, was really helpful.

    Reply
  5. Mine Got approved
    Details
    WAC15143*****
    Aug 22: RFE (RFE about offer and work details)
    Nov 9 : RFE document received
    Nov : 17 : Approved
    Its regular processing, Non AD
    Feel lucky that it got approved quickly after RFE document received.

    Reply
  6. USCIS received my RFE on 6th Nov and also my employer upgraded my case to premium on the same day. When I check my case status it show RFE response received, but its not showing anywhere if it is upgraded to premium or not. How will I know whether my emplyer upgraded my case?
    Thanks in advance! need your suggestions.

    Reply
    • PP,
      Usually the online status changes to something like Request to upgrade to PP received. Check w/ employer/attorney if they received any email about it as USCIS starts communicating over email as well once it is upgraded to PP.

      Reply
  7. Hello Kumar,
    Need your advice, I am currently on OPT in USA. Getting married in the month of December but my fiancee’s H1B is in progress and no one knows when it will be done. Can we apply for her F2 while h1b is in progress? Any thoughts. thanks in advance.!!

    Reply
  8. http://economictimes.indiatimes.com/nri/visa-and-immigration/nasscom-to-intensify-lobbying-efforts-in-the-us-experts-slam-h1b-visa-abuse/articleshow/49818862.cms

    Reply
  9. The wait is ridiculous. RFE response recvd status on 20th oct… No response … Almost a month now…

    From the forum it looks like it’s normal for this waiting period…

    🙂

    Reply
  10. I’m also awaiting my RFE response to be accepted. But, here is the general trend that I observe:

    From RFE sent, to RFE response received status – Takes about 3 months
    RFE response recvd to Approved status – Within 1 month.

    Please correct me, if I’m wrong.

    Reply
    • From RFE sent, to RFE response received status – Takes about 1 months
      RFE response recvd to DENIAL status – Within 2 1/2 month.

      Reply
    • There is no such one month or 2.5 months denial……it all depends on the work load of the immigration officer who issued rfe…..the application goes to the same person……he will reanalyze the case and issue decision notice…….things will be fine as long as you satisfy that guy with your documentation…..

      Reply
      • dude don’t pass negative comments here…..looks like you are from syria………u will be never in your life can enter usa…….

        Reply
  11. Finally my H1b case approved after a long 7 months wait!

    Here is the details of my roller coaster persuit of H1b

    a. Picked in Lottery – April 13
    b. case moved to RFE – July 23
    c. RFE response received by USCIS – October 16
    d. Case approved – November 16

    Hope the staming will go through without much hassles.
    all the very best for rest of the folks who are waiting on decision and I am sure you are all going to get it!

    Reply
  12. H1B lottery Picked up notice : Apr 13th
    RFE : july 17
    RFE Response sent : October 3
    RFE Response received : October 16
    PP – WAC
    Waiting for approval with lot of patience and hope. This is the first time I’m applying.
    Is there any SLA time limit to get update after RFE sent.

    Reply
  13. My H1B got approved finally!
    H1B lottery Picked up notice : April 29th!
    RFE : August 18th
    RFE Response: October 19th
    Approved: November 12th
    Non AD/REG – WAC
    RFE was about explaining why do i need my BS for the job.

    Now I am just waiting for the official approval letter to arrive and go for visa stamping!

    Does anyone know whats the procedure of visa procedure?

    Thanks
    Thank You!!

    Reply
  14. My case status does not show processing time, usually they write with in 60 days. Any idea?
    On October ******, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC15*****. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

    Reply
      • Hi Saurabh,
        My case is still in received status..my employer told me that uscis had visited the client site and that’s the reason for the cases still in received status..there is no RFE yet..what will happen usually in cases like these?

        Reply
        • h1b_2015,
          It all depends what the outcome is of their visit. If they are satisfied w/ what they saw and asked the client, then it will get approved.

          Reply
    • Hey still your case in RFE, what was RFE about? if you see the analysis, now USCIS started denying cases from outsourcing companies like tcs,cts, infy, take care……..seems like uscis already starte following the bill which was presented for approval in the senate……..God Bless You

      Reply
  15. Firstly for all those who missed H1b bus this year, hopefully all of you get it next year. hang in thr, don’t lose hope.

    For those of us who got them, anyone planning to visit canada for h1b stamping (first time) or are you planning to go to India. Given that masters USA candidates can go to Canada, what are the risks for 221g. I just want to be well prepared.

    Reply
  16. My H1B got approved.
    H1B lottery Picked up notice : May 4
    RFE : August 10
    RFE Response: October 30
    Approved: November 9
    Non AD/REG – WAC
    RFE was about Education Evaluation and client letter.
    Thank You!!

    Reply
  17. HI,

    Picked up: May 5th
    REF: June 23
    REF Response: 29th September

    Still waiting for decision to come out. Any hope left? It’s my 2nd attempt. Advance degree quota, Regular processing.

    Reply
  18. I got my case approved on Nov 10th, after my status change to RFE received status on Oct 28. I have also been through the same state of mind, guys, believe in yourself, if your company is good enough then you are bound to get the h1b approved, after all God has chosen your case in lottery, this means, he wants to get something out of you. If you were not the chosen one, your cases wouldn’t have have been selected in the lottery in the first place.
    Stay positive, and you will get the desired result.
    BTW I am EAC15XX….

    Reply
  19. Hi,

    I had RFE about the manager letter.
    Later Nov 10th Denied.How could we get the Denial decision as employer is not ready to share.Lottery is LUCK again , Instead is there any hope for MTR/Appeal.When employer doesn’t Co-operate.
    Any option to convince USCIS.

    Regards,
    Sri.

    Reply
    • Sri,
      Only employer can file for MTR or appeal. So if they are not supporting, these applications are not an option. Only other option is trying in the cap next year.

      Reply
        • Sri,
          Are you implying Murthy attorney is saying that they can file MTR/Appeal even when employer is not supporting the case?

          Or are you implying that Murthy attorneys have been successful in getting denials reversed through MTR/Appeal and have statistics to show that?

          Reply
          • Hi,

            I mean MTR from employer2 as employer1 is not co-operating.
            Whom so ever employer2 can be.As far as there is a option to file in denial decision reason notice.Reason should be justified.

            Regards,
            Sri

          • Sri,
            I don’t get how that will work. E1 doesn’t want to file MTR, which implies they no longer want to hire you. If E2 files MTR on your behalf, then they are asking USCIS to reinstate your H-1B for E1.

            If Murthy firm thinks they can do that, go w/ them; but I don’t think it is possible as petition is tied to E1 and not you or E2.

    • Ohh so sad!!! what was the RFE about? only about manager letter? is your employer is well established? are you in india or applied while you are in usa? many things matters boss at just manager letter, about your company about your other documents? they will clearly mention about the exact reason for denial……….you answeres atlease helps others.. respond please

      Reply
    • I am also waiting and on egov.uscis.gov website ,they say that they have recieved RFE related document from my company in the month of Sept . but till date no response.

      Reply
  20. Hi All,

    H1b approved on October 29th. When will I get my approved petition from USCIS. Will the petition will be sent to my attorneys and then the attorneys will send to employer or will it be directly sent to employer.

    I work for TCS.

    Reply
    • Suren – H1b approved,
      It will be sent either to attorney or employer depending upon whose address in mentioned in the submitted documents (typically it is attorney when one is involved). They can then share it w/ you at their own pace.

      Reply
        • Congrats Suren-

          I also work for TCS. mine is still in rfe. got rfe in June 3rd week and responded in August 1st week.

          after approval on email. How much time does it take to get a hard copy of approved petition from TCS.

          Reply
  21. http://www.forbes.com/sites/jeffreydorfman/2015/11/12/4-simple-steps-to-fix-the-h1-b-program-so-american-technology-jobs-are-protected/

    Read the latest post on forbes.

    Reply
    • They are doing most of that at present too and why shouldn’t they? In India, there’s reservation and demand for more even at the state level. Wr can’t point finger at anyone.

      Reply
  22. My H1 has been approved recently. Im currently based in Doha,Qatar..working as on XYZ for Qatar based company on a business visa from past 8 months.
    Lets say if i attend Visa interview at Doha consulate in November this year would that be any problem? would it be a smooth ride? what kind of questions can i come across?
    Please help

    Reply
    • MG,
      You should contact US consulate in Doha and ask them if you can attend interview there. Different consulates have different guidelines about this and you should check w/ them for correct response.

      Reply
  23. Hi EveryOne,

    I applied for h1 from h4.
    My petition got approved today. Please help me with the following queries
    1.Curretly i am in US.Can some one tell me how long do i have time to start officially working in USA.
    Since my status got approved today. Does my employer has to file a 2.Change of Status or my status now has automatically changed to H1 since my petition is approved now.

    Thanks in Advance.

    Reply
      • Hi,

        Mine was RP… got picked on may 2nd…got rfe on aug 25th….employer responded rfe by 28th oct….approved on Nov 12th
        Thanks…

        Reply
    • H4 to H1,
      As others mentioned, you should check if your H-1 is already approved w/ COS or not. If the approval notice has I-94 attached, then you are on H-1 and need to start working and getting paid. If no I-94 is attached, then you are still on H-1 and separate COS needs to be filed.

      Reply
  24. Can someone please provide advice on my case. From last one month my status Evidence Was Received and no changes after that . Is it good to convert to premium processing now. I heard most of the PP cases getting approved with in 2 weeks.

    Please advice me on this

    Reply
  25. My case got denied today after RFE..Am applying for the first time i have already travelled USA in B1 visa for 2 times.

    For some reason my case got denied.. me and my family litrelly worried..In the end its denied to enter USA.

    Reply
  26. Hi ,
    After reading the below comments m v scared. I waitied for 6 long month in regular processing and got an RFE on 25 sep . Now I have reverted but still case status not changed to recieve.
    As per your all discussion now they will only deny cases . m very scared as I m waiting since may .
    anybody whose is sailing in same boat of RFE and any idea how long we need to wait more? shall i get it convert into PP?
    please help 🙁

    Reply
  27. 95% ratio of approval only 5% denial. please check all receipt no by adding one no to your receipt no and you will know, uscis is only for give approval on the cases :). I don’t believe in any security check.

    Reply
  28. Just relax and forget about h1b this year. Try your luck next year..

    Only denials are keep on floating, i lost my faith, lets focus for next year.

    Reply
    • what does it mean, only denials are floating. There are so many ppl who received rfe in august & september and replied in november……so all those people will get denials or to the people whose status is still case received?

      Reply
    • you need to accept the fact.. only denials denials denials.. if you the see the forum for last 2 weeks .. i can see most are denials..

      Reply
      • Also I have seen only couple of guys have said that their applications got declined and one guy said that 10 of them have received declined and probably because their employer has failed to provide the information that USISCS has requested them.
        By the way what is your application status?

        Reply
      • by the way what is your status….USCIS do not deny the case just like that it is November or December. They very well know that they delayed the processing times . If the documentation is good, you will receive approval…….Just wait and see.Most of the ppl are getting denails could be directly from case received because some security check or toher non sense in the documentation. USCIS don’t waste their time reviewing the rfe response.

        Reply
    • Sunil when I checked with my employer and they said that UCISCS will reply with in 90 days once it has received the RFE and we can reach USICS only if they fail to send an update after 90 days.
      Just wait God would have planned something best for us 🙂

      Reply
  29. HI,

    My Case/Pettion was approved.

    In my petition, it was mentioned that “i will be working at in-house project”. But now my company is saying that they will provide client letter. so with this situation, will VO approve my VISA?

    Thanks

    Reply
    • hello, if your client location and LCA what you applied initially at the time filing are same there won’t be any issue. Other you will have to face problem….no issues whether you work in house or client but LCA should match at the time of visa interview.If it’s new LCA VO will question you and that leads to visa rejection or 221g….For this there is a new rule, it should be amended but i heard amendment before traveeling for the first time will lead to denial….take care of this situation with above information….

      Reply
      • HI,

        Thanks for the info.

        I think both the locations are same and anyways can you please give your contact info or can you please email ur contact details at bhaskar.1904 at gmail dot com

        need to clarify some more details, plss

        Thanks

        Reply
  30. Got approved today :)…..after 2 long awaiting years….mine is AD/RP/VP
    got rfe on july 2nd….rfe answered on sep25…there is no rfe revieved status for me until yesterday….finally it got changed to h1b approved status….hopefully by end of nov r first week of dec all the pending h1b’s will get approval.

    Reply
  31. 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
    • You mean to say that there will not be any approvals going forward and if you mean on what basis you are saying that?.
      Guys, have faith in god and don’t listen to anyone until USCIS’s sends out an official email stating that it has completed the process related to H1B.

      Reply
      • Almost 6 months over , what you are expecting after 6 months, the result will be only denials.. so try your best for the next year..

        Reply
        • Dude on what basis you are saying this? As long as the documentation is worth there is no question of denial, USCIS is not so dumb to deny just like that.

          Reply
          • Do you know why some of the RFE are still open almost 6 months? The reason is background check.

          • dont be foolish…USCIS do not do much back ground check unless the company is too worse and in their radar already…all these things will happen at counsulate during 221g…….They will have list of companies under radar and ppl from those companies has to undergo some more processing……as long as the requested documentation is good no one can stop…..

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