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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. Hi,

    Has anyone attended visa interview recently. If so please post your experiences.
    Is this the right time to book slot for stamping.
    @Kumar , Saurabh : please share your valuable experiences.

    Reply
    • h1bslaughteragain,
      There is nothing like a good time for H-1 stamping. Once you have all the necessary documents and have your employer’s blessings, go for it.

      Reply
  2. Hi guys my brother case

    Upgraded to Premium : Dec 2
    Premium req received : Dec 17
    ( receipt mailed)
    How long v hav to wait for result?
    WAC151405****

    Reply
  3. Hi All my rfe response received more than a one and half month and still waiting for approval any have any idea about time lines. Mine is vermount data centre

    Reply
  4. Guys,

    Finally after a long time its my chance to update the status, waiting in case received status for almost 6 months, then RFE raised, finally am happy to say its DENIED.

    I dont want to keep updating the USCIS and redbus site going forward,, much relax and relieved. yeppaaaaaa

    Reply
  5. As a daily follower, oops sorry as an hourly follower of this website. Looks like there are very few updates in the past few days… We all know that the holiday season is on, but guys any status update on your case, please do not forget to post here!!! It really helps… Thanks !

    Reply
  6. i,

    I have a valid H1B stamping on my passport, Valid until sept 2018.

    My questions are :

    1) If i move from Company A to company B, after resigning and after my last working day is over with company A. Can the company B start h1 transfer? what would be the process?

    2) Is there a possibiity that the h1b transfer can get rejected? What are those possible or common scenarios?

    Reply
    • If you are in US already, then resign from company A only after company B has instantiated the transfer and receives receipt notice. Better approach would be- resign from company A only after petition from B gets approved.

      If you are in India, then yes, company B can initiate transfer once you join them after getting released from A. If petition gets denied, then also you will remain Cap-Exempted and any other employer will be able to file a new petition for you, without you having to go through lottery again.

      Reply
  7. i,

    I have a valid H1B stamping on my passport, Valid until sept 2018.

    My questions are :

    1) If i move from Company A to company B, after resigning and after my last working day is over with company A. Can the company B start h1 transfer? what would be the process?

    2) If I move from Company A to B, and get my h1 transferred before I resigned from Company A, will company A get any notification about the transfer?

    3) Is there a possibiity that the h1b transfer can get rejected? What are those possible or common scenarios?

    Reply
        • Narendra_Pune,
          1. Yes B can file cap-exempt petition even after you leave A
          2. A will not know about B’s petition irrespective of when it is filed
          3. B’s new petition will be subject to same rules that A’s petition was. So it has chances of rejection depending upon the documents submitted and USCIS’ adjudication.

          Reply
          • Thanks Saurabh…

            With valid stamped Visa with company A is there any chance to reject with company B?

            Just making sure.

          • narendra_Pune,
            There is always a possibility of denial through B, irrespective of whether you have visa through A or not.

  8. I have one doubt in premium processing. If my employer filed my h1b under premium processing, that will usually take 15 days to process. If it gets RFE then how long will it take. I mean after RFE (PP) also 15 working days or few months like regular processing.
    Thanks in advance… Plz reply to this…..

    Reply
  9. I have one doubt in premium processing. If my employer filed my h1b under premium processing, that will usually take 15 days to process. If it gets RFE then how long will it take. I mean after RFE (PP) also 15 working days or few months like regular processing.
    Thanks in advance… Plz reply to this..

    Reply
    • Sunil_approved,
      Once RFE is issued, processing stops. Once employer responds to the RFE, processing resumes and the final decision will be made in another 15 calendar days.

      Reply
  10. Hi Friends,

    My VISA got denied this time and my employer is not ready to process H1b for next year, instead they told they will process L1b for me. I am planning to apply through some genuine consultancy, Please help me in finding out some genuine consultancy. Thanks in Advance.

    I have 9 years of Exp in java
    I am a post graduate
    Working in a leading MNC.
    I am from chennai.

    Please help me guys.

    Reply
  11. Sorry svamapplicant and Pramila ,

    I checked the wrong receipt no last night,I am still alive with both of you under the cover of Svam.

    Reply
  12. Guys be positive …
    Mine got approved yesterday after two months in RFE.

    Vermont / Regular / Non-AD
    Picked Up : 13th Apr
    REF : 15th July
    REF Response Sent: 10th October
    RFE Response Received : 15th October
    Visa Approved : 15th December ( Updated in USCIS on 17th December).

    All the best guys, you will get yours pretty soon… Have a great year ahead.

    Reply
  13. Looking at all these denials, I’m very tensed. I spoke to my employer who says that apart from the Masters quota, no other application has been approved. Is it only people from anira that are getting denied? If you have a different employer and are denied, please leave your emp name in the comments.
    Just to check, i skimmed through nearly 100 numbers on uscis site and only 2 of them were denials. My statistics might not be right, but after all this, its still scary. Its my second try here, I thought I got lucky, but have to wait and see.

    Reply
  14. Denied after long wait.. i wasted my whole year thinking about this non-sense and checking the uscis site and redbus. I wasted my whole year and i regret for this.. its waste guys almost all r getting denied.. trust my words denail ration is huge in the last moment.. its **** New Year for all.

    Reply
  15. One of my friend who almost in case received status for almost 6 months got finally denied.. so dont lose hope my dear fellows.

    Reply
  16. Hi Guys,

    Today my case got approved, After 8 months of long awaiting.
    Regular Processing, Vermont centre

    April 13th: Case picked
    June 26th: RFE received, Employer & Employee relationship & client letter
    Sept 24th: RFE responded
    Oct 2nd: RFE received
    Dec 16th : Case got approved

    Thank you redbus, this site helped a lot.
    I request all those waiting be patience & good luck.

    Reply
  17. April 29th – selected in Lottery
    August 26th – Upgraded to premium
    Sep 9th – Got RFE
    Dec 3rd – Submitted Response
    Dec 4th – Response received status
    Dec 15th – Case Approved.

    Thanks guysss!!!!

    Reply
    • I was also visiting this place very frequently.Didn’t see much updates here during the last one week.Looks USCIS is already in to holiday mood

      Reply
    • GeminiITLabs are going to withdraw petitions… There will not be any update more than this. Forget about H1 processing this year..

      Reply
  18. April 29th – selected in Lottery
    July 27th – I Got REF questions
    Oct 15th – Gov. Received REF
    Today, (December 15th) is exactly 2 months from the day the government received my REF.. Should I be worried?
    Should I pay premium fee?

    I am currently working with the company that sponsored my H1B with an OPT Visa…

    Reply
  19. When can we get the status change in USCIS …. I am becoming mad day by day ….Mrng or night…

    My case was upgraded to PP by dec2 .. But no update at all.. still in RFE received state

    Reply

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