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H1B Visa 2016 – FAQs – Lottery, Quota, Immigration Reform, News

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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 All,

    My case approved on Dec 30.
    EAC1514****** series from Vermont center.
    First of thanks to Redbus2us and everyone over here .
    It is my childhood dream come true.
    Waiting for Approval since oct 7th RFE received.
    Everyday i used to get up early in the morning and sometimes in between sleep too to check status and after seeing the same RFE status ,i used to go low.
    I agree that wait is pain ,but today after seeing the approval , the happiness is non measurable.

    Guys keep your hopes on !! Definitely Your day will also come .
    Wishing you all very best for your future and a very happy new year.
    Hope everything goes well with my Interview.

    Thanks a lot Everyone .

    Reply

  3. Hi,

    Anyone from asklepian or ibis tech with approved h1b ?
    Mine is still in RFE response received state since oct 2. 2015.
    Consultancy not willing to raise PP or SR.

    Reply

  4. Hi All,

    I am working in IBM INDIA Organization, My case got approved on Nov 2015,
    recently i resigned the organization due to some personal reasons. Immediately my manager sends the withdrawal notification to USCIS team via our IBM US Immigration team. But not sure USCIS team is processing the withdrawal or not. Still the status is not updated. Now the current status is “My Case Was Approved”

    Is it possible to change the status once case approved ?.

    can i proceed with some other employer based on my receipt/case number?

    This case number can be used or no use once out of the organization? If yes please let me know procedure.

    Could you please help me my last working day is 31st Jan 2016.

    Reply

    • u can use that case number for filing cap exemption. If you have a valid visa even after filing Cap exemption+ Visa transfer then u can travel with new approved petition. u need to chek with new org whether they will process cap exemption+visa transfer.get all Approval notice from ur current emp.

      Reply

  5. How many days it will take to change status from RFE Response ?

    Can anyone share your experience and RFE questions.

    Thanks
    Sanjay

    Reply

    • Hi Sanjay,

      My case number was received on mid June 2015 and RFE raised on September,

      I have answered my queries on 6th Nov and its approved on 23rd Nov. My Case is normal process only.

      I have received the I797B petition on 12th Dec . My Organization is IBM INDIA.

      Thanks
      A Venkat

      Reply

  7. Hi,
    I have completed my Masters in Health Research in May 2014.It’s a non-STEM degree. Then, I got my OPT – EAD card and I got a job in a Consulting firm. They applied for H1b in April 2015. My OPT card was expired in July 2015 and I was granted cap gap extension through Sept 30, 2015 because of the pending H-1B change of status petition. My H1b application was pending even after till Oct 1st 2015. Then, my employer got H1B RFE issued on October 27, 2015. My employer has time till Jan 13th to respond to it and attorney is still working on it.
    My Husband has approved I140 and he is planning to apply for H4 and EAD based on approved I140. My questions are as follows.

    1. Am I legal to stay in US during this period (With pending H1b Application)?
    2. Can I apply for Change of status to H4 while residing in USA?
    3. Is travelling to India for H4 stamping going to void the pending H1b Application?
    4. In this case, can we apply for H4 EAD(I 140 based) along with H4 application?
    5. Do the pending H1b application affects my H4 Stamping process, if I travels to India ?
    6. “ After getting H4 stamping in India, once I am back in US with H4 status, Do I need to depart US if my pending H1 application gets Approved?”

    Reply

    • Rupa,
      1. You can stay for up to 240 days from I-94 expiration date based upon pending COS (I assume your H-1 was applied along w/ COS)

      2. Not possible as your F-1 status has expired and H-1 hasn’t been approved yet. You should leave US and return on stamped H-4 visa

      3. H-1 petition will still be processed, but COS element of it will be abandoned. Once H-1 is approved, a separate COS needs to be filed or you should enter US on stamped H-1 visa

      4. H-4 cannot be applied from inside US in your case. Once you enter US on H-4 visa, you can apply for EAD

      5. Should not

      6. If you want to work on H-1, then read(3). If you want to work on H-4 EAD then no action is required.

      Reply

  8. Hi,

    My H1B visa(H4 to H1) is approved two weeks before and I have got my I 797 approved notice as well. My husband lives in NC and my employment is in New York. I have come to NC for vacation. Can I apply for SSN from NC state or I should apply only from NY. Please help.

    Reply

    • MTR,

      May be they realize they don’t have a strong case to get petition approved through MTR. It’s their discretion and there is nothing you can do. Try next year now.

      Reply

  12. If your case in Response Received status means, Consultancy did a good work and they are not making fool , if your case is not in response receive , means consultancy did a blunder with your case.

    Reply

  13. Attention Please

    If you applied through some consultancy , May be last year people are coming now so consultancy hold you by saying we don’t have receive your hard copy or we can not raise SR request or premium processing as they don’t want to send the people in bulk so consultancy will process your visa in timely manner, one of the H1b holder in USA said this. Any comment on this ?

    Reply

    • Same Case here . Even i hope so . They dint charge me anything during whole of process.. but they still say they do not have any update yet . IRIS LO***

      Reply

  14. My case was approved and my decision was e mailed. What about u pramila.
    Cap exemption on july 02nd filed and upgraded to premium on Dec 15th but status changed on 17th- Request received,22nd-Case was received and 28th-Case was approved. From vermont center.
    Dear folks, As it means they will work as per FEDERAL calender

    Reply

    • Congratulations ??

      Mine from Case received status it moved to My decision mailed

      “We mailed your document for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXXXXXX. If you do not receive your document by Jan 27,2016,please go to www.uscis.gov/e-request to request that we resend the document to you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.”

      Plz help me in this still now I am not sure Wat is happening … I am totally sad …
      Cap exemption do you hav any idea

      Reply

    • Congrats for u …

      From case received the status changed to “my document was mailed ”

      I don’t hav any idea Wat does ths status mean

      Reply

  15. I have an approved h1b petition from client A and never got it stamped. Now, amendment is filed for client B and rfe is received. If amendment is denied for some reason then what will happen to original approved petition. Will it be valid?

    Reply

    • Deepika,

      Denial of amendment will not impact the original approved petition unless USCIS discovers something that puts the original approval in jeopardy (like false documents etc).

      Reply

  18. Hello All,

    I have a question, can you please help me out.

    Mine is waiting in RFE received status from Oct 5th, Vermont center / RP.
    Can my consultancy raise SR after 90 days ? If so, where the exact time limits are mentioned on case enquiry? Could you please share a link where it is mentioned as 60 – 90 days is the time limit to raise an SR on case inquiry.

    Also let me know can i raise SR in case inquiry link instead of my employer ? Will USCIS will respond to it ? Please help me out .

    Reply

  19. Hello All,

    I have a question, can you please help me out.

    Mine is waiting in RFE received status from Oct 5th, Vermont center / RP.

    Can my consultancy raise SR after 90 days ? If so, where the exact time limits are mentioned on case enquiry?
    Could you please share a link where it is mentioned as 60 – 90 days is the time limit to raise an SR on case inquiry, because my consultancy is not ready to raise SR after 90 days, they are saying we can raise after 6 months. I checked in USCIS process time table, below links.

    https://egov.uscis.gov/cris/processingTimesDisplay.do;jsessionid=abcKwBmavCQhSdBOdLPhv

    https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt

    But it does not give right information.

    Any of them please help me out in getting SR raise time limits . I want to show my employer with proof to make them raise SR.
    Also let me know can i raise SR in case inquiry link instead of my employer ? Will USCIS will respond to it ? Please help me out .

    Reply

    • Hi Saurabh,

      Do you have any idea on my question on USCIS RFE process time lines and time wait to raise SR to them. Please help me out if you have any info or links on it.

      Thanks in advance.

      Reply

      • I also dont know clearly but they need some serious documentation like educational documents/ tax docs etc from you or your employer. All you can do is wait for the document. And you need to reply them back within 33 days it seems. Just researched on this and found it. Check with your attorney for more information.

        Reply

          • USA is not that much important country to visit or holy place to visit once in your life. You can live hapilly in India and many countries are having more opportunities.. So dont put intolerence comments like this.

          • You seem like highly desperate to enter USA. Are you dying of hunger in India or is there a palace waiting for you in USA?

          • Pramila,

            We hate you.
            Y want to get sad for this dummy matter.. y u got so much interest on US, u dnt have livignhood here.. people are not living here..

  21. I got RFE received on 28th October. Its been exactly two months. Should I ask my employer to raise an SR or should I upgrade to Premium. Is it worth upgrading at this point?

    Reply

  26. Hi Saurabh,

    I am working for MNC company and I applied H1b through a consultancy.
    Finally got approval notice.
    What is the chances of success in Visa stamping?
    Please guide me.

    Reply

  28. Hi Saurabh,

    I am working for an MNC A in India. Applied H1B through employer B this year and it got stamped for 3 years. I am planning to travel after1 year only because of personal reasons. Now my employer A is sending to US on B1 for 3 months. I already have B1 and travelled for 3 months for the same client 2 years back. Will I be having any problem in POE as I have H1B but travelling on B1. In any case will they cancel any one of my visa at POE. Also after an year if I am travelling on H1B for employer B, will I be having any problem at POE, because of my B1 travel. Please suggest.

    Reply

    • H1B Stamped,

      It is ok to travel on B-1 when you have H-1B stamped in the passport as well. Let the PoE officer know which visa you are using along w/ the purpose of visit. I don’t think they will cancel the H-1 visa stamp at PoE (cancelation is usually done at the consulate in such cases and you already have both visas stamped).

      If you travel on H-1 in future, it would also not be impacted by your B-1 visa stamp or related travels.

      Reply

    • As I know , your B1 visa will be cancelled after H1B visa stamping. Check your B1 visa status with consulate before you make any decission.

      Reply

      • Ss,
        To cancel the visa, they need to physically mark it as canceled in the passport. Yes, usually they do that when approving H-1B visa, but I have seen instances when they don’t do that (oversight).

        Reply

  29. Hi Experts,

    I have got visa stamped on Client A last year Sep-2014. Due to personnel reasons i did not travel yet. Now my employer initiated Amendment for Client B, Now i have new receipt number(in process Amendment number).

    Below are different ways i am thinking. Please do help with your inputs.

    1. Can i travel with new LCA and receipt number or do i need to wait for the approval amendment?
    2. If i wait for approval notice, Do i need to go for stamping again after the amendment approved?
    3. If i change my employer now, They will file transfer/amendment, In this case do i need to go for stamping again?

    Thanks & Regards,
    Arjun

    Reply

    • Arjun,

      1. I have been told you can travel even when amendment is still pending.

      2. No new stamping is required as long as the previous visa stamp has not expired.

      3. It is not required to re-appear for stamping as long as the previous visa stamp is still valid. However, some employers prefer that you appear for stamping again so that the visa stamp has their name and it’s validity is same as the newly approved petition.

      Reply

      • Thanks Saurabh.

        Do I expect any questions from PoE? about new amendment, if please let me know what kind of answers are good.

        Thanks,
        Arjun

        Reply

        • Arjun,

          You can carry copy of amendment receipt notice. Check w/ your attorney if they know about the legal clause that allows this, and then carry a print-out of that text.

          I haven’t done this personally, so check w/ others online about their experiences.

          Reply

    • reh1b,

      Sorry I misread your question. If the 2 clients are in the same neighborhood, then no LCA or H-1 amendment is required. It is required only when the new client is in a different location.

      Reply

  32. One wicket gone from vorment center on 21 Dec .keep your hopes who are still waiting.can I file MTR ? Any chance for approval? Otherwise I’ll try next time.I don’t know reason.but I have mail my employer.

    Reply

    • One wicket gone,

      Chances of MTR approval depend upon reasons for denial and what your employer/attorney can present to counter argue it. If not, next year cap is the only option.

      Reply

  33. Hi guys ,

    I am waiting for approval .. But my lease got over and I changed my address … Do I hav to communicate USCIS directly online to “Change of address “… Or I hav to inform my attorney ?

    Reply

    • Help me guys,

      USCIS sends all communication to employer/attorney and don’t interact directly w/ you. So no need to inform them w.r.t the petition. Just let your employer/attorney know about this.

      On a separate note, you do need to complete AR-11 form w/ USCIS to let them know about your latest address (a MUST for any immigration w/ or w/o any pending application). This is assuming you are inside US.

      Reply

  37. Can someone please tell me how much time it will take in case if LCA needs to be amended. My visa got approved this year and stamping is done. Only thing I that at the time of filling client was suppose A but now I got another client in my company suppose B. Both are in same location just few blocks apart. What happens in this case? Do they file fresh LCA or same is amended. Also how much time it takes normallly.

    Reply

  38. Dear “Please reply to the content” & Redbus Admin,

    There is a bug in this website, coz of which, the replies for a specific post are displaying as new posts…

    Reply

    • silent user,

      Your employer needs to submit the upgrade request petition. Once USCIS receives it, they will have 15 calendar days to process your petition.

      Reply

  43. I don’t why many people not replying to the post, instead creating new post for replying. U guys don’t have this basic understanding of replying to the blog, are you guys not used blogs before: Ex: Pramila.
    Why don’t you reply to the individual post.. are you going crazy?

    Reply

  47. Its declared that USCIS office will be shutdown for Christmas , they will resume work from Jan 4th..

    Guys,

    Who are still in case received .. lets hope New Year will be bright .

    Reply

  48. More details..
    Receipt no – WAC151435****
    Non-AD PP

    I just have one suggestion to whoever is waiting.. Upgrade to premium processing. My petition had an update on 17th November after 13th April only because we upgraded to PP.

    Another thing is stop assuming and thinking too much over it. Negative thoughts are more prominent when u think too much. Don’t listen to anyone’s negative thoughts and rumors as well.

    Reply

    • Pramila,
      My status still same as “Case was received and emailed recept” on 21st. No update after that, still waiting. hoping in next week?

      Reply

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