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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. Hello,
    My H1b is approved and looking to attend for visa stamping. I received h1b petition approval with in house project (it’s with some documentation but not actually running), i am afraid how i can face the interview and s there anyone who attended with similar situation like me what is your status. Please let me know.

    Reply
      • Yes i do, but thing here is i have another onsite opportunity to Japan for 3 years. But i am interested in USA. So confused about the visa interview and would like to know the experiences. But my astrologer told me i will go abroad, and i have 2 offers from USA, one is from Big data cloud SDN based comapny in bay area and another sandisk company. Both are full time, i am just seeing whether to go with in house project and get the visa and then transfer H1 or transfer my H1 and go for visa. Hope you understand that.

        Reply
  2. Hi All,

    My case approved on 13 Nov’15,
    But didn’t received hard copy,
    Anyone got copy approved post 13 Nov .

    What will be further process after getting hard copy.

    🙂

    Reply
    • Kartikk,
      These are the minimum documents. Other documents like client, project details may be required depending upon your particular case. Discuss w/ your attorney.

      Reply
  3. Hi,

    My Turn Now after a long Time…Anyways Guys before giving my details i would like to say that never loose hope because in the end everything will be good, always and for everyone..

    Mine is denied.. Its denial finally..

    Bye.

    Reply
    • Even I would like to know, will the consultant return the amount paid if the application gets denied, if not what action can we take?

      Reply
  4. Yesterday my friend got denial notice,before him two others got denial notice. My consultancy saying it is a problem with company purchase letter,what is company purchase letter? They said they are going to appeal for MTR? Does that make sense? Can we leave it?and move forward

    Reply
    • Hi,

      I got updated status as “Notice Explaining USCIS’ Actions Was Mailed” after submitting the RFE Response in prmium processing which got updated by November 7th or so.

      Does this mean a Notice of Intent to Deny?

      Anybody who had similar status and already cleared this status can please explain.

      I have applied for I129 petition under cap, picked through lottery and waiting for the approval/denial.

      Regards
      H1B Applicant

      Reply
  5. One more denial here.

    What might have been the problem?
    If its due to EE relationship and if i go for MTR or reappeal, what are the chases of being approved.

    MTR or new H1B, which one of those is best?

    Im just worried about another lucky draw

    Reply
  6. Hi,
    I have applied H1B when i am in India , its approved and i need to attend for visa interview.But now i am in UK as part of my current company assignment (shot term) , Can i attend visa interview from UK, is there any risk it that.

    Reply
    • By GOD’s grace I got email from visa cell that my petition is approved.

      I still dont have the harcopy or receipt number.

      I dont have the exact dates but here is my time line.

      got RFE in June last week.
      replied to rfe around Aug 10.
      USCIS approved in first week of dec.

      keep faith in GOD. I am seeing lot of cases are being approved in last 2 weeks.

      Patience is the key here. But I totaly understand its hard to keep patience when it comes to h1b. keep trying and have faith in almighty GOD.

      Reply
  7. I recently got my H1 approved and my wife is already in US on F2 visa. She came to US after I filed for H1 so i didn’t send her h4 along with mine. I asked employer and then I got to know that I can apply after my H1 got approved. When i am about to apply for her H4 I got to know that this is illegal as she is out of status and I cant ask for change of status. I am trying to contact immigration lawyer and get information on that but does anyone have any idea if I can apply for her H4 when she is living here or does she have to go back to India and apply for H4. Any help is much appreciate. I am hurry as I don’t want her to stay here in unlawful presence.

    Reply
    • uki,

      When did you move to H-1 status (I assume H-1 came w/ an I-94 attached)? The best thing to do now, is for her to leave US, go to her home country, get H-4 visa stamped and then return on the same.

      Reply
  8. Hello everyone. Congrats to those whose petition is approved. I have submitted RFE in August last week. No response yet..anyone else in same situation??

    Reply
    • I faced same situation and finally i gave up and upgraded to premium and i got approval in 3 days. My employer told me that they are not giving decision soon and we are getting responses within few days as soon as we upgrade to premium. I got my visa on last Friday. I would suggest you to upgrade if you are in rush.

      Reply
    • Jackpot,

      Are you referring to the bill which states that in case there are more petitions filed than available cap, then they will be sorted accordingly to salary and USCIS will start selecting the ones w/ the highest salary?

      Reply
  9. I am currently working in XXX organization and H1B was filed by Z company..
    Should it be like DS 160 be filled with Z from Feb 2015 (or) XX till exact last date ?
    please suggest

    Reply
    • kartikk,
      You will most likely become Z’s employee after landing in US. Unless you plan to join them outside US, you will still be an employee of XXX at the time of interview.

      So mention XXX as your current employer w/ current dates.

      Reply
  10. Hey,USCIS is an Institute run by govt and you know how govt organizations work….but,definitely not like India… Have patience and nobody can do anything..at max,upgrade to PP

    Reply
  11. Hi, It’s My Turn Now after a long Time…Anyways Guys before giving my details i would like to say that never loose hope because in the end everything will be good, always and for everyone.

    First timer Applied in H1 processing RP( Regular Processing)/Vermont Center
    4/13 : — selected in lottery ( got to know in May 20 about the same)
    7/28 : — RFE ( Related to Tax documents of the company and many other things
    10/29: RFE response was received by USCIS
    12/11 : Case Approved
    Planning for Visa Interview in Jan

    Reply
  12. Got approval notice, but i got it only for 1 year 🙁
    If I travel with my current company (A) and return back to after completing 1 year, will company B apply for my h1b under cap exempt even after visa is expired? or do i need to go with pain of lottery again..

    Reply
    • 1 year,
      You will be cap-exempt for 6 years from approval date or last day of holding H-1 status inside US (whichever is later). So if you return after 1 year (i.e. in 2017) then you are cap-exempt until 2023.

      Reply
  13. My employer said your visa in processing state so we can not ask for feed back or sr request on it ? I m waiting since 24 sept. I think they Also have some more cases stuck in processing so afraid in order to raise the request.

    Reply
  14. Hi
    Its been more then 60 Months there is no status update after RFE response being sent. Is it possible in this stage of process to change employer and new employer can file Cap exempted Application.

    Reply
    • H1B,
      Another employer cannot file cap-exempt petition for you as current petition is not approved. Only when you have an approved petition, then can you go for cap-exempt route.

      Reply
  15. Ths waiting time sucks… I hate it…
    Upgraded to pp : dec 2
    But still in RFE received state since October 29
    Time waiting suckssssss

    Reply
  16. April 13th – Case received
    Aug 24th RFE ( Employee- Employer relationship)
    Oct 30th RFE replied
    Nov 20th RFE response received
    Dec 10th Approved
    WAC California Centre

    Reply
  17. Today I got denied notification from USCIS. RFE to denied. But Can I eligible for H1B extemp for next year? Or I have to go through lottery again? Is there any problem if I will apply again? Does any one know about this consultancy?

    Reply
  18. I am from Anira, sterday my case got denied, 2 more my friends applied through anira got denied.. Any issues with Anira? God Save.

    Reply
    • Sorry to hear that but did you check with the employer on the reason for denial i am sure USCIS gives a detail explanation of denial reason and you would have every right to know that i believe

      Reply
    • Even my case got denied through anira.. looks like anira fails in the backgroud verification test.. are they black-listed?

      Reply
          • Always learn from Mistake which others did. You can explore reviews about consultancy you are applying through . Check previous record history if you can get on internet. Check with ex employees if they have applied through it .
            In this case what I have observed some of the consultancies got Security Check exceptions which has cause most of the guys who were lucky to be part of USCIS H1B lottery but went unlucky because they trusted blindly .

            Nywys Everything happens for a good reason. Hope for the best and be positive .

    • Shit…this company is real fraud n you can easily check it on multiple websites…..you ppl didn’t do much research? Stupid u……looks to me this company is subsidiary of some other company .most of the desi companies do that, due to advantages while marketing your resume and establishing contracts. Someone should write mail to department of labour about this company and should cease this company…..all the best for next year……good that you didn’t selected through this type of company otherwise u wud be in soup….

      Reply
  19. 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

    Reply
  20. Hi Everyone,

    First of all Hearty Congratulations to every approval holders .
    My RFE status was updated to RFE Received on Oct 7th and from then there was no update .
    Is my employer eligible to raise an Service Request as it has passed more than 2 months ?
    Please suggest me .
    EAC/RP..

    Reply
    • Yes, its been more than 60 days now , your employer can raise SR. Once you raise SR your status will get updated in 8-10 days. This is what I have seen for many cases and for my case as well. As soon as I raised SR I got status update. Mine was also EAC Vermont.

      Best luck , you will surely get it approved 🙂

      Regards,
      Kunnu

      Reply
      • Hi Kunnu ,

        My Employer is not ready to raise SR and asked me to wait till the end of December.
        What to do??
        Uscis has any holidays for Christmas ?
        Loosing hopes day by day .:(

        Reply
  21. Finally!!!! H1b got approved today.
    Apr13th : Case received
    Aug 14th: Request for RFE
    Nov6th: Response for RFE received
    Dec 2nd: upgraded to PP
    Dec 9th: Case Approved.
    its WAC

    Reply
    • Dear AV,

      Could you share your sequence number, not full number but first two or three digits? My case is WAC15145***** and still waiting for approval. Upgraded PP, 12 days passed fingers crossed.

      Best,
      LongWait

      Reply
      • Its WAC151475XXXX
        Can you see that your case has been upgraded to premium in the case status online?
        Because in my case my premium processing application form was sent back by USCIS due to some error and my employer had to re-submit the form. Initially, my employer submitted my application to premium on Nov 6th but it was upgraded on Dec 2nd because of the error in the premium processing application form.
        Wait until 15th day and if there is no update, ask your employer to raise an SR.
        Good luck!

        Reply
    • Congratulations ??…
      Mine was
      April 13 : lottery selected
      Aug 22 :RFE issued
      Oct 29 :RFE received
      Dec 2 : Upgraded to PP
      Still waiting for result …… Feeling sick

      Reply
  22. My case is approved today.
    Center : WAC
    04/13/2015 – We received your Form I-129.
    12/04/2015 – We received your request for premium-processing of your Form I-129
    12/04/2015 – We received your response to our Request for Evidence for your Form I-129
    12/07/2015 – We received your Form I-129, Petition for a Nonimmigrant Worker.
    12/09/2015 – We approved your Form I-129, Petition for a Nonimmigrant Worker.

    When i received RFE on Sep 14 the status was not updated in website. It showed Case Received until Dec 4th.

    Thanks you Redbus2US and the followers.

    Reply
    • I think there are many cases of Anira stuck in Case Received status. I am also one of them .
      I think I have seen atleast 6-7 cases on this forum of Anira stuck in Case Received.

      Reply
    • I am from Anira sterday my case got denied, 2 more my friends applied through anira got denied.. Any issues with Anira? God Save.

      Reply
  23. Hi All,

    In USCIS my status shows case status approved on nov 16(Case History, Even i got the mail from USCIS saying I129 petition case is approved.
    on Dec 2nd I got the below mail, and status got changed to status *** DOCUMENT WAS RETURNED TO USCIS ***

    The below is in mail….
    Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

    Your Case Status: Card/ Document Production

    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 www.uscis.goxxxx 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 I129, PETITION FOR A NONIMMIGRANT WORKER, with fee. If you move, go to www.uscis.xxxxxx e to give us your new mailing address.

    This step applies to applications that result in an applicant receiving a card (such as a “green card”) or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application. If you do not receive your document, please contact our National Customer Service Center at xxxx

    What does it mean,
    Fully Confused with this status….

    Reply
  24. Hi All, Need your valuable suggessions…

    In 2016 CAP, Is there any situations like after Case Approved in USICS site, Is again there is the chances/Case status will turn to RFE.

    Thanks in Advance,
    -N

    Reply
      • I need before Visa Interview Status…

        status approved on nov.16,
        2nd Dec changed to DOCUMENT WAS RETURNED TO USCIS ….

        What does it mean.

        Reply
        • It means there is address change where USCIS send the approval documents no body collected the documents hence they returned to USCIS no need to worry just check with your attorney for address change where they will send the documents again.

          Reply
    • Neela,
      Yes, it is possible. If post approval USCIS discovers new information (typically about employer), then can re-open the case and put it in RFE or deny it outright.

      Reply
  25. Hi Guys,

    Yesterday I got an update from my employer that they received my approval confirmation from USCIS.
    One thing I would like to know from you guys what is this approval validity date?. My employer said that my H1B application is valid from 30th-Nov-2015 to 29th-Nov-2016 what does it mean.

    Thanks,

    Reply
    • This means the petition is valid till Nov 2016. You need to get stamping done before that date. Do it as soon as possible 🙂 best luck

      Reply
  26. My employer is not ready for pp or SR request even not reply on my email.I m waiting till 24 sept. Should I stop wait as employer is not respond and case is still in received status ? Initially they told 65 employee got selected in lottery but I think only I m waiting ?

    Reply
    • Wondering why your employer is not ready to raise SR. It is free service I guess . Anyways you can directly call to USCIS customer care , but there you will need to give all the asked information i.e who is attorney , who has filled document etc. etc. then they can tell you.
      You can also follow USCIS official site where you can raise SR by your own. Here is the link , hope it helps

      https://egov.uscis.gov/e-Request/Intro.do

      Reply
  27. H1B petition finally approved today. Non-AD/RP/Vermont.
    Here is my timeline.
    Apr .. – Picked in lottery
    Sept 9 – RFE (employee-employer relationship)
    Sept 15- Name updated
    Oct 28- RFE response received
    Dec 9 – Case approved

    To all those waiting, no news is good news. Good luck and keep your spirits up.

    Reply
    • Hi Sagar
      Sad to heard!!!!!
      It went directly denied from case received status or went rfe then denied. If rfe, what kind of documents.
      Please share with us that would be help us better.

      Reply
      • It went from RFE to denied and my consultant just said its a project related query and responded to it. 2 months after RFE response, it moved to denied.

        Reply
        • Was that Employee – Employer relationship RFE ? if it was only related to client letter, project SOW etc. it should have been approved. Is your employer MNC company ? Do they have good reputation in USA ? This RFE mostly gets rejected because of company fault.
          One more thing , are you 4 year degree holder ?

          Reply
          • Yes Kunnu, am a 4 yr Degree Holder and seems the RFE is EE Relationship but am not sure about they have never gave description of RFE. Not sure whether it is MNC or not, but it has got Good Reputation.

    • Sagar,
      Wait to see the denial reasons. Then discuss w/ your employer about them. If you both feel that denial was in error then Appeal or MTR can be applied within 30 days.

      Reply
        • Sagar,
          It all depends upon the original reason for denial and the response attorney prepares to counter it. If it is just resubmission of old documents, it will definitely get denied. Let the attorney review the documents and provide guidance.

          Also, start working on plan B – apply for H-1 in next cap.

          Reply
      • Thanks Saurabh.
        What’s the usual success rate of MTR, I have been hearing its waste of time and money. Any one previous got success with MTR?

        Reply
  28. Its my turn now…
    Apr 23 – Selected in lottery
    June 19 – Received RFE (E-E Relationship)
    July 21 – USCIS received RFE response
    Dec 01 – SR raised for reason for delay
    Dec 08 – Petition approved

    So guys, if you are waiting for more than 120 days after RFE then ask your employer to raise SR.
    Tell me how much time it will take on an average to receive the copy of I797.

    All the best for folks awaiting approval!

    Reply
    • I received it in 8 days..It still depends on where are you currently located 🙂 . If you are in India and applied through US consultancy then your attorney may receive package in 8-15 days and later its their job to share with you 🙂

      Reply
  29. 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.

    Reply

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