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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. Currently every year a maximum of 85,000 H-1B visas can be issued including 20,000 for those who completed higher education in science, technology, engineering and math (STEM). The popular work visa has been given to a large number of IT professionals from India over the years. The bill proposes to reduce the number of visas available by 15,000.

    Read more at: http://www.moneycontrol.com/news/economy/us-senators-introduce-legislation-to-cut-h1b-visas-by-15k_4518401.html?utm_source=ref_article

    http://www.moneycontrol.com/news/economy/us-senators-introduce-legislation-to-cut-h1b-visas-by-15k_4518401.html

    Reply
  2. I am in the process of scheduling appointment thru ustraveldocs.com/in
    1) created profile twice,but using the second login credentials
    When trying to give in the receipt number of my payment / reference number ,it says invalid receipt number.
    2) Secondly,when I am trying to update the profile,it says ‘error occurred,please email s in case you want to reach us’.

    Can some one advise.
    thanks

    Reply
  3. My petition was denied(California centre)….wasted 3 lakhs plus 8-9 months of time…Even I did not focus much into my current project thinking of getting h1b visa…now I don’t know wat to do…feeling thoughtless.. Guys how is Denmark for job opportunities and also let me know is there any other country where I can try for…..

    Reply
  4. My employer told he converted my case to PP on dec2 … But still now no change in my status …I doknow Wat to do ? Help me guys

    Reply
    • Ask your employer to raise a SR…
      It happened in my case too. My employer upgraded my case to PP but it took 25 days to show up on case status after raising SR it was changed immediately.

      Reply
  5. Need_help: I got my H1B approved, I get it through some consultants at my own expense, now they are not finding me any project and asking me for more money to pay me salary, As this was never discussed, so I told them why should I pay, you get my interview done I will crack the interview. They said if I will not pay they will terminate my H1B visa. I am really not understanding what should I do to get out of this situation. I told them I will not give any money as I have already payed double for my visa. Please suggest.
    Can I get my H1B transfer? how long it takes for them to terminate my case?

    Reply
    • If you are not in US, you could ask them to withdraw H1B and don’t pay the amount. In meantime, you could look for other employer who could transfer your h1b. But if you are in US, you have to maintain H1B status, for which either of you have to pay to US federal social secuirty/federal/state tax.

      Again this is my advice and understanding

      Reply
    • You can refer below link for H1B transfer if you are in india http://redbus2us.com/h1b-transfer-without-traveling-to-us-in-india-no-approval-notice-experience/

      Reply
    • Hi,
      Ya it’s normal, mine was also same day but I got hard copy. My employer is ready with documentation and all. Good Lick Guys 🙂

      Reply
    • Hi Kunnu,
      No problem, even thoguh u don’t have driving license in india , still you can get..It depends on the state you are travelling. Each state will have their own driving regulatory/authority(rules are same for all states). First thing is you need to read a driving rules book for that state(you can find it online) and need to book an appointment and give exam and must qualify(forget about brokers and nonsense like in India). Initially you will get learner’s license and after one month you need to give a driving test, the person from driving authority will sit with you and ask you drive and instruct you to do few things(lane change, parking etc…) and you must pass all those instructions, then you are good to get the license. Before all these, you need to have ssn to book appointment :).

      Reply
  6. Hi all,

    My employer applied for my h1b this year (Master’s Quota) and got an RFE sometime mid-july. Responded to RFE on Oct 28th and USCIS status says they have received it and the processing has begun. The status hasn’t changed after that. It’s Vermont Service Center. Did anyone with similar situation or had been around the same time frame got any updates? Please comment. Will be very helpful in guessing any response. 🙁

    Reply
    • Thank you both for the response. Good to hear some positive words. Hope it comes through. Being positive here 🙂

      Reply
    • I’m in the same boat. RFE response received on 28th Oct. Non-AD/RP/Vermont. As far as USCIS is concerned, no news is good news ! Waiting with fingers crossed. Good luck.

      Reply
    • Hi. Ad/WAC been waiting since Oct 13. But my supposedly colleague-to-be already got her denial end of October. Her denial notice said the employer failed to establish the position is under specialty occupation. Waiting for the same fate unless by God’s grace, I get a different fate.

      Reply
    • Dont worry. Last two weeks many RFEs are approved. Mine approved this week. RFE date Aug 4th and RFE response Nov 1st. Regular processing Vermont

      Reply
  7. Hi
    My wife is attending h1b stamping and we are planning to attend both at a time with our 2yrs kid.I Don’t belong to IT industry.I work in a hotel as a chef so what are the chances to go for stamping.please help thank u…

    Reply
    • H1B is for highly skilled, make sure you have that highly skill and it is mentioned in the DOL as one of the oppurtunity. Otherwise it is tuff thing, prepare well for the questions.

      Reply
  8. Hello,
    I got approved my H1 in October, but My consultant told me that they have applied Amendment(related to change in client details). It is more than 2 month, is there anyway we can find the status using the receipt number? or any other way
    generally, how much time it will take to get update on Amendment

    Thanks,
    Ram

    Reply
  9. Dear all
    My petition got approved on 7th dec.
    RP/WAC. got rfe on Aug 10th. Replied to rfe on Oct 26th. I have electrical engineering degree with 12 years of it experience. I was issued 11 page rfe to which my consultancy tried to respond with ample documentation. Don’t worry even if you can’t furnish the response in exactly the same as uscis asked. But try to give reference letters and it related subjects that you had in your degree . be patient and all the best.

    Reply
  10. Finally the wait is over :):)
    Got approval on dec 7.
    RFE received in may
    RFE responded on October 15th
    Approved on Dec 7
    RP/ WAC California centre.
    All the best to others 🙂

    Reply
      • Sometimes it depends on type of RFE. If critical documents need to be verified then time to study and response on your RFE is more. If you have valid documents they will approve it. If they still have query on your documents they will issue one more RFE. So dont worry. People with multiple RFE’s got I129 approved.

        Reply
  11. My employer upgraded my petition to PP by dec 2 … But no change in USCIS Ts same showing RFE received on October 29 ….
    When ll I get any change ? Ths kills me

    Reply
  12. Got a RFE in mid May and RFE Response sent/received in Mid July. Raised SR In Oct. After 4.5 months of wait converted to premium just before thanksgiving. Premium Got approval yesterday

    Reply
  13. Hi,
    I responded to RFE on Dec 2nd with PP upgrade and USCIS updated the status on 4th Dec as received response, then same day status updates as upgraded to premium then on 7th again its updated to “Case Was Received and A Receipt Notice Was Emailed”. Is this the normal update for all who upgraded to PP.

    Reply
    • I guess yes as i was following few cases in USCIS website i saw people who upgraded to premium processing got the status updated to the one that you are mentioning and after a couple of days petition moving to approved status.All the best and wait for the good news!!

      Reply
  14. my visa is still showing case received status , is there any one in same status , can anyone guide me ? how to do move ahead ?
    i m really getting worried , whether my case will get processed or wat , my case is from vermont centre ……

    Reply
  15. My RFE response got received on 28th October 2015 but there is no response after that.

    It always shows we received your document .

    Mine is Vermont centre. Loosing hope 🙁

    Reply
  16. All centers are closed for Christmas and New Year holidays, pending petitions will be processed later without any end date, it may take a month or two, so people don’t lose your patience, nothing is in our hand.

    Happy New Year!!!! Catch you next year..

    Reply
      • Hi,
        I got offer from Tringapps. They said petition is approved. No further communication. Even they did not share receipt number. How did u come to know that 23 approved out of 80. Did they share ur receipt number?

        Reply
  17. Hi all,

    My case status is still in “RFE response received on Aug 20” .
    Do i have any chance ? i m very worried 🙁

    its CA processing centre

    Reply
  18. Hi all,
    I got approval on Dec 1st. Yet to get hard copy.
    What is the probability of getting visa….
    On what basis it depends?
    Please tell me?

    Reply
  19. i noticed that from last week all the approved case are belong from vermont.i did not see any approved petition from california.why this difference between two center.mine is from california

    Reply
    • You can find couple of approved cases from CA center,last week if you scroll down.I found some approvals last week in the random checks in usics site.Stay positive ,you’ll find the approval notification on one fine morning.

      Reply
  20. Hi Guys,

    I need urgent reply. I gave H1 Visa Interview today. The Visa Officer asked for the Contract Paper between Employer and Me [Employee]. So, I gave the Contract Paper signed with my employer where it’s mentioned that if I leave company within 24months I should pay $10K along with other conditions.

    The Officer took all my documents related to employer, my original academic certificates and passport. They told me that they will inform me in 1weeks.

    What will the result now ? Shall I get visa ? Does Contract Paper = Offer Letter ? What should have been response from me ?

    Due to above mentioned conditions, will I or employer be in certain jeopardy ? Please please please let me know.

    I’m in really tensed condition right now. Really appreciate your feedbacks.

    Reply
    • Hi
      To the best of my knowledge….a money related agreement must not be between employer and employee.it can be performance or discipline related. Hope that is what it should be mentioned in employer-employee relationship agreement. Money related bonds are not valid between employee n employer. Not sure why Vo has taken your docs but you can expect positive news and other thing they might validate your certificates.

      Reply
      • Hi again !!

        In employee-employer paper, it’s mentioned until i work for 24 months I have to pay $10K to my employer. It’s the only clause that I m worried about. Rest of the clauses as based on as u mentioned like discipline, roles and etc.

        Please let me know if this money clause can be troublesome for my visa, me or employer ??

        Thank you for sharing your experience. Really appreciate it.

        Reply
  21. Hi Everyone,
    After long wait, got approval on Dec 3rd 2015.

    My details
    Lottery picked : Apr 13th
    Rfe : July 22nd
    Rfe Received : Oct 20th
    approved : Dec 3rd
    approved status find on Dec 4th.
    vermont center with RP

    Redbus is a very helpful portal for information and interaction with similar community.

    Let’s see what comes next for stamping.

    Thanks Everyone.

    Reply
  22. Hi

    April 13 selected in lottery
    July 13 issued Rfe
    Responded Rfe on October 12
    Received updated October21
    Approved on 4rd December
    Vermont center
    Thank u guys for u r support.
    Wish to approve everybody who r waiting.

    Reply
    • It usually takes about 3-5 weeks. USCIS sends the hard copy of the approval in about 2 weeks. And then depends on how quick your employer couriers it to you with all other supporting documents.

      Reply
  23. Hello Everyone,
    Good to see many approval from last 2 weeks or so……mine also approved during this period….All the best to all guys who are waiting. If someone is not hearing the status from their employees, talk to them and try to get info….

    Reply
  24. I applied H1B through INJ software. As per my employee my case went to RFE in July. No update till now. Company is not sharing any details about case/ receipt #. They say it’s against their company policy. Any one applied through them?

    Reply
  25. HI all,
    Finally I got approval on Dec 1st 2015. But officially I got update on 04-12-2015 on USCIS website. Thanks a lot to redbus2us.
    I always use to check this site daily. thanks a lot for all who has given support.
    My details
    Lottery picked : Apr 13th
    Rfe : July 17th
    Rfe Received : Oct 16th.
    approved : Dec 1st.
    approved status find on Dec 4th.
    vermont center.
    Premium processing.
    I have an rfe. But I dont have information exactly what about RFE…

    Reply
  26. Shocked to see that petition was approved.. Filed for PP on Nov 30 and status shows case was approved on December 1..good luck for rest of the guys waiting to have it Approved

    Reply
  27. Dear All, Need your valuable information what does it mean.

    My Case was in RFE in sep 2015, and submitted the evidence in Nov, In Mid Nov my case status was changed to Approved.
    02.12.2015 Again i can see the status changed..
    “””” “Document Was Returned To USCIS On December 2, 2015, the Post Office returned your document to us. We will hold your document for 180 days or until May 30, 2016. Please go to http://www.uscis./e-request to request that we resend the document to you. If you do not submit an online request by May 30, 2016, 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 http://www.uscis.addresschange to give us your new mailing address. “””””””

    I am totally worried now what is this happening to me…..

    In case history i can see this log as well “” We approved your Form I-129, Petition for a Nonimmigrant Worker.”””

    _Please suggest what does it mean.

    I just checked my inbox : last mail when it went in RFE i got the same kind of mail in Sep.

    Thank you.

    Reply
    • Dilema,
      USCIS would send the approved petition to employer/attorney. Check w/ them if the address is correct and let them contact USCIS to resend the approval notice.

      Reply
  28. Hi

    April 13 selected in lottery
    July 20 issued Rfe
    Responded Rfe on October 16
    Received updated October27
    Approved on 3rd December
    Vermont center
    Thank u guys for u r support.
    Wish to approve everybody who r waiting.

    Reply
  29. Finally much awaited decision came.
    Mine was L1B to H1B conversion.
    Timeline as below

    13-Apr-2015 : Case Received.
    01-Sep-2015 : RFE Received
    25-Sep-2015 : RFE response Sent
    02-Oct-2015 : RFE Response received.
    27-Nov-2015 : Case upgraded to Premium processing
    03-Dec-2015 : Case Approved

    My case processed by Vermont Center, Thanks redbus for all support.

    Reply
  30. Finally approved …Mine was H4 to H1
    Regular processing
    RFE sent:20 August
    RFE recieved : 23 Sep
    Approved : 1 Dec
    Status updated in portalas approved : 4 Dec .. Don’t lose hope , this year process is very slow .
    Thanks every one for your comments and updates.
    Good luck to all :):)

    Reply
  31. Its my turn now.. after selection in lottery no update from USCIS..no RFE also… finally its approved ..waiting for documents now ..so friends don’t lose hopes..

    Reply
  32. Finally Its KUNNU’s Turn…
    Like I said dont lose hopes, if you have valid documents you will survive..
    Regular processing
    RFE Sent : 25 Sept
    Response received : 2nd Oct
    Approved : 2nd December.

    On December 2, 2015, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC*****. We will mail your approval notice. Please follow the instructions in the notice.

    Reply
    • Kunnu, first your employer info rmed you abt approval or you saw status in site and inform to your employer abt this?

      Reply
      • My Employer also mailed be but they didnt receive official documents yet.

        I am not sure if my employer has raised any request or not

        Reply
    • Congrats Kunnu … Finally u got it.
      I am still waiting with lot of hopes. Mine is RFE received date 5th oct. Can I raise SR next week? Planning to upgrade to PP, it is wise decision now, let me know u r thoughts.

      Reply
      • Murthy,

        Wait for some time. I can see lots of updates are coming from Vermont.. You know what my case approved on Dec. 2 but actually on Portal it was reflected on 4th of Dec. So wait till 10th Dec and then ask your employer to raise SR.

        Also thing I got to know is , they outsource this RFE verification activity. Hence responses may get delayed based on case to case approval and response from outsourced team. Dont lose hopes 🙂
        Thank You,
        Kunnu

        Reply

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