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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. I have filled form DS-160, however there were some mistakes. I have submitted it already. May i create new DS-160 and carry new one for the interview.

    Reply
    • Yes, you can fill it as many times as you want before scheduling appointment. Once appointment is scheduled you can’t make any changes.

      All the best 🙂

      Reply
    • Rahul,

      If you have already scheduled an appointment, and changes are trivial, you can complete another DS form and carry the print out. At the counter (prior to interview), you can show both forms to the officer and ask him to update the relevant fields.

      What all needs to be changed?

      Reply
  2. Any one from ibis tech international… Please update
    One is rejected …
    2 more are still RFE response received since 02nd Oct.

    Reply
  3. Hi ,

    Is there any potential risk in attending stamping with an employer,who established the company in 2015, does not have tax documents(as recently started), and no of employees less than 10.

    Your help is appreciated. Thanks in advance.

    Reply
    • h1bslaughteragain,

      The officer may want to know more about the employer, their financial stability etc and can issue 221g to submit additional documents and review them. You should take that into consideration when appearing for interview.

      Reply
  4. My case got approved yesterday.
    I would say mine was one among the longest wait.
    my RFE was submitted on July 20th and till 21st December 2015, it was same status.
    yesterday it came to a positive end.
    So dont loose hope.

    Reply
  5. Finally approved.
    Lottery – 13th April
    Upgraded to premium – 17th November
    Ref – 30th Nov
    Rfe replied – 14th Dec
    Approved – 23rd Dec
    Centre – California

    All the best to everyone!

    Reply
  6. Finally My CASE Approved

    Finally i got approval after 8 months of wait….

    lottery picked :April 13th

    rfe issued :July 6th

    rfe answer :October 2rd

    rfe received: October 6th
    Approved :December 22nd

    its Vermont center
    Guys Let me know how many how many days it will take to reach Hard Copy

    Reply
  7. Hi,
    I have recieved hard copy of I-797 form . My employer told me that not to schedule for interview yet as they are yet to receive I-129 form. Could anyone please guide on it..

    Reply
    • There is no particular SLA for regular process.it varies from case to case..So, It depends upon you to go to premium..Premium SLA is 15 days…

      Thanks

      Reply
  8. Hi Friends,

    A question come to my mind , if H1B petition approved for three year then no need to go for lottery , what about three year when apply new petition do we go again lottery process ?

    Reply
  9. hi every one,

    i am waiting from sep 16 after submitting RFE docs.so any chance for denied.
    once we get denied notice it is any chance of approval.????

    Reply
  10. Lottery Picked: April 13
    Changed to pp: sep 5
    Got RFE: Sep 17
    RFE submitted : Dec 08
    Case Approved: DEC 21

    Finally its a good news. Me and my friend both got our approvals from ANIRA. People who says its black list might not know much about it. Be hopeful and positive.

    Reply
  11. Hi all,
    It’s my turn to update.
    Case has been approved after long wait..
    Vermont center – PP non AD
    Employer – Anira
    EAC151415****

    Reply
  12. Hi,

    My case still in Received status from April 13, can any one give suggestion does it make sense to convert to PP?

    How many still in same status?

    Reply
  13. Mine & One more frnd were progressing same on H1 status..
    Picked on 29th april,
    RFE – 16 July
    Response Recvd – 02nd October

    One friend Denied on 18th Dec
    Mine still “response received” no update yet.

    Feeling very tensed. about my frnd & Mine also.

    Reply
  14. Hi,
    My case got approved finally last week, but failed in the interview. What to do next? i got gold color slip? any help? Can i apply for GC or Can i apply for H1b next year? Or Canada Or Uk? Please guide.

    Anira

    Reply
  15. Can any one please respond to my query below?
    Query:
    I got a petition approval mail today.
    Petition Validity Date:- 30-Nov-16

    So, is there any chance of getting VISA stamped for more one year?

    Reply
  16. My rfe was like for which project/assignment , I will go to US. Rfe response receive at 22 Sept but its also 3 months, no status change. Any idea why its taking so long ?

    Reply
        • H1b visa-
          Thanks!!

          Mine is also Vermont Center. EAC151475****
          Can you please share your details when was lottery picked up and RFE date and also what was RFE about?

          Please check my details if its same as yours-
          lottery picked up – 13th april
          RFE – 15th June
          RFE Response Recieved – 22nd Sept
          waiting for approval.

          I have seen many cases who have similar status on similar dates, so just wanted to check with yours. I would really appreciate if you share it.

          Reply
          • Hi Pinks,

            My dates are also pretty similiar to urs..

            lottery picked up – 13th april
            RFE – 30th June
            RFE Response Recieved – 23rd Sept
            waiting for approval.
            Centre – California – WAC15147*****

            Fingers crossed !!

  17. H1B They are counting year not on diffrent visa type ,as per count you reached 6 yr .

    You con consult with good lowyer or send query to ucsc.

    Reply
  18. A small question …
    The RFE answer and RFE recevied date will be same right ?
    or it will take some time to update the status in USCIS site from RFE mailed to RFE received ?

    Thanks
    Sanjay.C

    Reply
  19. Finally i got approval after 8 months of wait….

    lottery picked :April 13th

    rfe issued :July 13th

    rfe answer :October 3rd

    rfe received: November 27th
    Approved :December 17th

    Reply
    • Congratulations ! can you share the details like is it regular processing ,Vermont center or California and also if possible employer so that it would help in assesing their cases as well who are following this site

      Reply
  20. Hi, I am in L1A and completing 6th year on Mar-2016 and have I140 approved. Am i eligible to apply H1B for this year? My company says that i am not eligible to apply H1B as i am crossing 6th year on Oct-2016. This is the new rule.

    Reply
    • You can’t spend more then 6 yr in usa without applying GC, in your case you have to stay 1 year out of usa then your counter will reset.

      Read on immihelp.com

      Reply
      • Thanks for the response. As i am in L1A, i can be able to stay till 7 Years right. But my question is, Is it possible to convert L1A to H1B after 6 year? I am completing 6 year by Mar-2016. Till last year my company was applying for L1A to H1B conversion even after 6 years of stay. But now they are saying rule is changed this year. Please clarify.

        Reply
  21. Hi Guys,

    Still I am waiting for my lottery results. I checked with my employer too. They told me to wait till they receive any update . Totally frustrated. Is there any possibility to get positive results.

    Reply
  22. HI friends,
    Need help on urgent basis. sorry i dont know the process. Pardon.
    My Petition has been approved and i have filled the online DS160 form. Whats the next step guys?? Please guide me.

    Reply
  23. Choose near to ur city ,I didn’t have client letter but my interview was very easy however he approved h1b only for 9 month and if see travel date then 4 month ,decision is totally depends on person sitting in consulate.

    Be confident all the best.

    Reply
  24. Hi All,

    Just want to know how many of them are waiting for more than 2 months since RFE received.
    Please comment your Employer ,RFE received date ,Center and if possible reason for rfe. #Just to know.
    Below are y details
    IGate , since OCT 7th ,Vermont and Employee employeer relation

    Reply
  25. Hi Friends,

    My visa stamping has been done and recived passports ,in documents I have given travelling date 1st April 2016 .

    USA Consulates issued visa till September 2016 , will it creates any issue .

    What is probability for visa extension.

    Reply
      • I went mumbai consulate

        First day :

        Pic clicked and took finger print
        I went with family and my kid 2 yr old son. If u have kid age 1 to 5 year carry one pic.

        Second day :

        When I reached usa consulate very long queue is there after waiting 30 min security call me in front because we have small kid.

        Went inside after 30 min wait reached to inside.

        1st step they again took finger print and scan passport.

        2 again queue waiting 30 min then went counter 28 a guy is asking 4-5 question.

        1)Current employer
        2)Employer in USA
        3) Highest education and expriance.
        4)My new role.
        5)Salary
        6)how long I am married and how old my kid

        Done.

        Reply
        • Thanks a lot for sharing your experiences Zidan.
          I am planning to attend visa stamping. So wanted to know which consulate is easier to attend.
          I am waiting for my turn to share good news soon 🙂

          Reply
    • Zidan,

      Once you enter US on H-1, your employer can file for H-1 extension at most 6 months prior to petition expiration date. Next time you travel outside US w/ expired visa stamp, you will have to re-appear for visa stamping (you would need an approved unexpired petition).

      Reply
  26. This means they have started working on your case. You should have a update before christmas. When my case was updated with same status, i got it approved on the 3rd day after this status change.

    Reply
    • Yes it can come before. I did upgraded mine to Premium recently on 4th and i got my result on 11th day as Approved. So it all depends.

      Reply
  27. Very urgent plz help me guys
    April 13 – selected in lottery
    Aug 22 – RFE
    Oct 29- RFE response received
    Dec 2 – Upgraded to PP
    Dec 17 – premium response received
    Dec 18- Case was Received … Receipt notice was mailed Wat does ths mean plz tell me I am so tensed

    Reply

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