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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. why there is no much discussions happening this year. Last year when I was looking for results, I can see lot of discussions.
    when the results will come for regular processing?

    Reply
  2. ALERT!!!!!!

    R2 Technologies, Siaraa ID Systems ,Siaraa Technologies Inc. or any name related to siaraa are fraud consultancy…Please be careful .. They will contact in the name of Ranjan or Raju.. PLEASE BE CAUTIOUS .. They got 5000$ from me for h1b application telling that they have vacancies, but the truth is they made me to do marketing for almost 6 months, later on they started shouting at me to return back to India.

    Reply
    • hi, Man thank you, i met this guy raju in hyderbad at his residence for my friend’s h1. I already have h1 from last year quota through different employer. My friend wants to apply and he introduced this guy and asked me to talk to him. When i asked about the client letters while filing my friend’s h1, he seriously said “IT’s confidential”, i got doubt with my experience talking to different employers. But i thought he is elderly person and he dont do mistakes. God save my friend. he has 3-4 companies…….his name is raju mantena…..

      Reply
      • ALERT!!!!

        H1B exp- Ur absolutely right!!! his name is Veerabhadra Raju Manthena, studied at IIT Kharagpur and he runs many companies in different name . His words may be pleasing, but please don’t trust any of his single word. You will loose your time, money effort and never ever believe just because he is elder. He has a partner in crime named- Ranjan kumar. Raju located at Michigan and ranjan from new jersey. They will never allow you to meet them in person. Please inform your friend at your earliest and try to escape from him. I am repeating, his words will be magical and pleasing, never trust him!! Ask him regarding the accommodation, pay stub, who are there clients (they do not have a single client working for them), salary status. Even by chance you get a job with them , he will not pay you the monthly salary, believe me, many of his previous employees suffered a lot. They have lost their future!!!!!

        Reply
        • Ardent Technologies, Inc — H1B Fraud- Aditya kumar Muppalla, Ancha Subbarao, Jasti Srinivas, Vas Appalaneni.

          Hello friends

          Be extremely cautious while looking for consulting firms to sponsor h1b visa. This company is absolutely fraud and managed by the most unethical and cunning bunch of people who can ever come across. He talks about ethics and honesty and is far away from it. They will never keep up commitments, mint money for each and every reason, be it sponsoring or at any stage of your petition. I dirtied my hand and god save you all. I know its very difficult to resist getting h1b filed through these kinds of consulting firms but Ardent Technologies, Inc.’s will burn your fingers like mine. Stay miles away from this guys called Aditya kumar Muppalla,VAS APPALANENI, SRINIVAS JASTI, ANCHA SUBBARAO. This guys is a liar in toto and big fraud.

          Reply
      • Hi,

        Can you please tell me briefly about your experience with this consult.One of my friend applied last year through this and still they are doing marketing.Visa stamping not yet done.Its already 7 months and they are asking to learn differnet technologies.

        Reply
        • Hi;

          I have very good experience with R2 Technologies. They have sponsored my H1 and I have gotten my green card from them. I have moved out of the company accepting a full time offer. During my tenure, I have been asked to keep myself updated on the contemporary technologies that helped to get into better positions. I have seen that they have always guided and advised their consultants on the technologies that will put them in a secured job. I would recommend R2 Technologies LLC to anyone interested.

          Reply
        • Ohh Man! shit, IITians started cheating ppl for earning money , shame on you idiots…you study with people’s money and you cheat them for bad. look at your face in mirror and think what you have done after all for money you are doing fraud,,, there is no difference between a broker in RTO office and you……shame on you IITian, so far i met few iit ppl and everyone were idiots and they check only how to cheat ppl using their degree,,,,,, i feel they are using thier degress like this. shame on you Mr. Raju….
          everyone should spread this news and should reach into the EARs of DOL and USCIS and Consulates in india.
          Gone are the days where a company in usa can cheat ppl, media is in people’s hand, beware you indian mentally crippled business owners.

          Reply
    • Did regular processing receipts started getting?

      what does 12th may PP will starts means? Did it mean that all lottery notification are finished and they will start processing PP visas?

      Reply
  3. Hello Saurabh,

    Could you mention that are there any chances that denied H1b Visa get succeed. If yes how long it will take ?

    Reply
    • Hope,

      Employer can file MTR or Appeal against the denial. The chances of approval are usually low as employer has to demonstrate that USCIS officer erred in his/her original decision, which is not common. Also, the processing can take several months.

      Reply
    • Hi.. Friends,

      I paid H1B proceesing fee for my visa process. But due to his problem he withdrawn my application. USD. 2500/- he collected from me. I requested him for refund he is now not agreeing. Now i need to complaint about this company for this case. how to complaint about this company? Company located in Atlanta.
      saurab pls give suggestion,,,, i give complaint he will not do with others same drama.. our hard earned money we can save.

      Reply
      • Akj,

        You can complain to DOL and USCIS about it. They usually take fraud seriously and would follow-up w/ you more to get the details.

        Reply
          • Veera,

            One option is to reach out to employer and let them know that you plan to complain to DOL and USCIS about the violations. At times, they may return the money at that point. However, if there are middle men involved and there is a chain of entities in b/w, they may hold-up.

            You can then complain to DOL and/or USCIS about it. You would need proof to show that they asked for money and collected it. You can google more on this to see how to contact them.

  4. Bad news for me yesterday USCIS denied my visa after waiting for so long

    Lottery picked up : april = 24
    Rfe Received : sept 20
    Rfe response received by USCIS = nov 10

    yesterday uscis denied my application, dnt know the reasons, they will send it later.
    @Saurabh : Do you think that there are still some % chances that if my employer appeal to that denial thing with strong evidences based on reasons of denial, USCIS can approve still? and if yes how many % of chances of approval?

    Reply
  5. Hello Redbus2US user,

    Did you mean your petition for year 2016 got picked in the lottery? Well the lucky you… meanwhile even if your case gets approved with in 15 days which is very unlikely, you cannot travel to US before October, because that is the month when Visa stamping starts. Also your employment start date cannot be earlier to October.

    Guys anyone with additional information correct me if I am wrong

    Reply
    • Deepak,

      That is correct. Earliest date to get visa stamping is July 1 (90 days prior to H-1 start date) and earliest date to enter on H-1 is Sep 20 (10 days prior to H-1 start date). This makes assumption that H-1 has been approved w/ start date of Oct 1.

      Reply
  6. Hi all,

    My h1 petition got picked in the lottery, and i did that in premium process, i got the receipt notice and in that they mentioned that you will get the notice within 15days, but i heard that uscis will start approving the premuim petitions only after may 11th 2016, can anyone tell me, is it really true that the approval processing will start only after may 11th 2016, as i am waiting for my approval by april end so that i can travel to india in may 1st week.

    Thanks in advance 🙂

    Reply
    • Sush,

      Official start date of PP is May 16. However, USCIS can very well start the process prior to that, but they won’t want employer/attorneys breathing down their neck about PP SLA until May 31 (15 calendar days from May 16).

      Reply
  7. Hi Guys,

    I just want to share the scenario which happened with me.
    My case was approved in Dec2015 but USCIS haven’t updated In the portal. Only when my employer raised an SR they replied back stating that case is already approved and then they updated in the USCIS portal in march. I feel there are some mismanagements happening with USCIS. So for all d 2016 pending petitions I would suggest to raise an SR which will help you to understand the reason for the delay. Wish you good luck guys!!

    Reply
  8. Hi Saurabh,
    I tried to reply in an existing thread. your blog did not show it up.
    Anyways,
    I have one question, Since is this cap exempt process dependent on lottery?
    In other words, since the lottery of this year is already done. Is that possible for a new employer to initiate a cap exempt for me this year?

    Thanks

    Reply
    • CuriousUser,

      If you have a previously approved H-1 petition, then a new employer can file cap-exempt petition for you anytime during the year.

      Also, exempted organizations like schools, hospitals, non-profit organizations etc can also file cap-exempt petition for you irrespective of whether you have held H-1 in the past or not.

      Reply
  9. Hi Saurabh/ any experts,
    My petition was picked in lottery and in rfe received status from November 2015, I dnt have any hope employer bcz this consultancy is h1 dependent. And people who have approved h1 attended h1 interview they got 221 g slip. So am scaring about my petition approval.. So can any please suggest me Can I transfer my petition to any other employer to overcome this approving, Visa stamping.. If current employer agrees hope they will support all paper work to transfer.

    Reply
  10. Hi,
    I was issued 221g white slip without specifying documents needed.

    Experts – What will be my options left here. Can this petition be transferred to better employer or just continue with admin processing. Anyone in the same boat, please reply.

    thanks,

    Reply
  11. Guys don’t believe Ardent technologies inc, this consultancy is doing H1B petitions, dont believe this consultancy, these are cheated consultancy

    Reply
      • These guys are demanding more money. First time they are telling 60 and 40, Once you reached in USA they are telling 80 and 20%. If you got any query from USCIS, Ardent technologies inc not responding and also providing fake documnets.

        Reply
        • These guys are demanding more money. First time they are telling 80 and 20, Once you reached in USA they are telling 60 and 40%. If you got any query from USCIS, Ardent technologies inc not responding and also providing fake documnets.

          Reply
  12. Hi Saurabh,

    I have a approved petition and I am yet to attend visa interview. If in case I didn’t get the visa, Can I find an another employer and file a cap exempt visa with the approved petition ?

    Reply
    • MSR,

      Yes, a cap-exempt petition can be filed if USCIS doesn’t revoke the petition based on feedback from consulate after your visa stamping runs into issues.

      Reply
  13. It seems no decisions/less decisions made in last 2 weeks by USCIS on FY16 pending H1B petitions.
    Any body tried to contact USCIS through employer/attorney to get the updates?

    Reply
  14. Hi Saurabh & all awesome people around here,

    Please have a look to my statistics and suggest what to do:
    Current Status: Working in Employer A
    Nov 2014: Selected in an H1B opening in Employer B
    Apr 2015: Visa Initiation by Employer B
    Oct 2015: Visa approved after getting selected in lottery
    Feb 2016: Received soft copy of I-797 in email from the Employer B

    Now, Employer B is taking very long time for scheduling the visa interview.
    It’s an in house project. So, as far as I know I heard that final approval for in house project at the time of visa interview is very less.

    Is there any way of getting any other employer who can proceed with my approved I-797 form if it is possible at all?

    If yes then how should I do my job haunting?

    Reply
    • CuriousUser,

      Yes, another employer can file a cap-exempt petition for you. You can submit current petition as reference and proof that you made through the cap. Once petition is approved, you can appear for stamping (unless you already have approved visa stamp from B).

      Reply
      • Thanks for your response Saurabh.
        I have few more questions:
        1. Could you suggest me how search for an employer for my case. Any pointers will greatly help.
        2. What documents will be required for this cap-exept petition. And how long it takes in general to get the approval. Also, Will there be any chance of disapproval?

        Thanks

        Reply
        • CuriousUser,
          1. Search through your network of friends and colleagues, preferably those who are already in US. Look at job sites like indeed, monster.
          2. You would need copy of approval notice from old employer. Rest of the documents are similar to your initial petition. Processing time is 2-6 months, but PP option is also available. Yes, it can be denied just like w/ any other petition.

          Reply
          • Hi Saurabh,

            I have one question: If I find a new employer who can initiate my cap exempt. Does this process require to go through the lottery?
            In other words, since the lottery for this year is already over, is that possible for a new employer to initiate my cap exempt this year?

            Thanks

          • Hi Saurabh,

            I have one question, Since is this cap exempt process dependent on lottery?
            In other words, since the lottery of this year is already done. Is that possible for a new employer to initiate a cap exempt for me this year?

            Thanks

          • Saurabh,

            Does it mean that petition is still valid even in case my H1B case gets approved by USCIS, but later on in the interviews they deny to approve the visa?

            Can I transfer the visa to another employer if I fail in interview?

          • Hi Saurabh,

            What do you mean by copy of approval notice from old employer?
            Is that the I-797 which you mean by saying approval notice from old employer?
            My employer B who initiated H1B for me has only shared the soft copy of I-797 so far. Is that possible to get the hard copy of same directly from USCIS in case if B doesn’t hand it over to me?

            Thanks

          • CuriousUser,

            It is best to have 797A or 797B approval notice for previous H-1B to show that petition really belongs to you and has been approved. If not, you can proceed w/ just the receipt number. However, then the new employer has to trust your words that petition belongs to you and was approved. They have no way to authenticate what you are telling them.

  15. Hi Everyone,

    Is there any deadline for H1b pending cases for the year 2016. It is already a year I didn’t get any response from USCIS. It is still in the case received status.

    Anyone here is in the same situation?
    Waiting for your responses

    Reply
    • Mine is rfe since oct..haven’t heard any good news after that.does anyone have any idea whether the pending cases would be considered since it’s time for this year’s lottery..even the consultancy has no idea for d delay..totally hopeless and frustrated..

      Reply
    • Yes, I am also in same situation. This is really strange, either USCIS should reject or approve all the H1B 2016 applications before April 2016.

      My case status is still in Case Was Received right from May 2015 onwards. Don’t know the reason, also not sure how many more days should I wait ….

      My consultancy : Valuecon USA.

      Reply
        • Hi SS,

          Mine is also filled by Valcon USA and I am exactly in your situation. Mine also moved to RFE on April 4th and no reason why it waited so long and when it will be approved.

          Could you just share last 2 digit for your receipt number ; just want to be sure that my petition is really and not fake.

          Reply
  16. Hi All,

    My FedEx delivery date is showing as 7th April, 2016 at 11:48AM.

    Can any one clarify whether my application has reached within the timeframe or not?

    Reply
  17. Hi Saurabh/Kumar,

    Company-A, filed my H1b last year(Apr,2015) for internal project and which was selected in lottery. During process USCIS kept on security background check and issued NOID on 5th March, 2016. While replying to NOID, Company A is unable produce project specification details/code as it is internal and some other reasons. So now they are expecting that it will be denied soon.

    Company-B also interested on my profile and filed for this year(Apr,2016). But due to high number of petitions received this year, chance of picking in lottery is very low.

    Now my question is, If second petition is not selected in lottery and Company-B is ready provide client letter with proper project specifications to Company-A, Is there any possibility for Company-A to go for re-appeal or motion after denial? If so, what are the chances of getting approved?

    Please kindly reply ASAP.

    Reply
    • Explorer,

      It may tricky if B wants to become A’s client. A would have mentioned a location and submitted that you will be working on an internal project. If B comes into picture, then they will have to change LCA to B’s location along w/ I-129 and update job description to provide contracting services for a client.

      Still, you have nothing to lose going this way. Talk to your attorney, and let A and B talk about it to see if you can pursue further this way.

      Reply
    • uday
      Saurabh and others

      Not to hurt any body guys there is nothing called as 6 years for applying cap exempt ,once counted against cap is counted for ever i mean it doesnt matter how long or old your approved petition was.

      Live example is me let me tell all of you my experience.
      2001-2003 – Approved petition visa stamped never travelled to USA

      2015 –
      Applied in regular cap ,
      Picked in lottery ,
      went through RFE and denied finally on Jan 30 2016

      2016-
      Started hunting to find an employer from Feb 2016 to file a cap exempt using my old approval in 2001
      One small consultancy agreed and filed the petition using my 2001-2003 approval under cap exempt through premium processing on Mar 30 2016 got approval on Apr 4th

      Waiting for my documents to go ahead for visa stamping.

      So please stop spreading out the message of if an approval is older than 6 year you would not be eligible for cap exempt.

      Message me personally if any one wants more info

      Reply
      • Hi Uday,

        Please have a look to my statistics and help me if possible:
        Current Status: Working in Employer A
        Nov 2014: Selected in an H1B opening in Employer B
        Apr 2015: Visa Initiation by Employer B
        Oct 2015: Visa approved after getting selected in lottery
        Feb 2016: Received soft copy of I-797 in email from the Employer B

        Now, Employer B is taking very long time for scheduling the visa interview.
        It’s an in house project. So, as far as I know I heard that final approval for in house project at the time of visa interview is very less.

        If you could share your consultancy’s name who filed cap exempt for you. I can contact them for my cap exempt. If it is possible to share and you are not comfortable in sharing the name here in this forum then please let me know, I will share my email id or contact no. where we can get connected to get your help.
        Thanks.

        Reply
          • Hi Uday,

            Thanks for sharing your email id. I have sent an email to you with subject line as “Regarding H1-B cap exemption”.
            Please reply to the email.

            Thanks & Regards

  18. Hi
    Have a quick question regarding stamping in India. I have a H1 that is valid upto Aug 2016 and an extension approved until Aug 2019. I am currently in US and planning to visit India in June 2016. Can you please suggest what receipt number have to be used in filling up DS160.

    If I use existing H1 receipt number, will I get visa only until Aug 2016. If I used extended H1 receipt number, I may be granted visa starting Aug 2016. In second case, I might have to stay back for additonal 2 months.

    Any suggestions, please?

    Reply
    • It seems no decisions/less decisions made in last 2 weeks by USCIS on FY16 pending H1B petitions.
      Any body tried to contact USCIS through employer/attorney to get the updates?

      Reply
  19. Hi…Can I apply for H1B visa now. I understand that the deadline is April 7th. But still want to know if there is any chance under premium processing or anything like that. Please let me know. Thank you.

    Reply
  20. Ok here we go!
    April 2014 – Filed, not picked in lottery
    April 2015 – Filed, Picked in Lottery
    13 April 2015 Case was received
    20 July 2015 – RFE
    27 Oct 2015 – RFE Received
    29 March 2016 – Upgraded to premium
    April 12 2016 – Denied.

    Game Over.

    Reply
    • Hello WaitingGame!

      Dont lose hope, I would say if you didnt apply fresh visa for year 2017 in 2016 then you can raise question against your RFE Denied thing. But if you have already applied visa in 2016 also then again have hope, may be this time everything goes fine!! Even I am waiting for my RFE too , USCIS have received my RFE on Nov 10 then no updates on my application since then.
      All the Best

      Reply
  21. Saurabh,

    Your suggestion means a lot. Thank you so much. I will travel stress free and get the stamping done.

    If you have any tips for the visa interview please do advice.

    Appreciate all your help!

    Thanks much.

    Reply
  22. I got a call from my employer too saying my application was picked in the lottery and will be forwading me the receipt number shortly.

    He said that they started receiving receipts from vermont at 9PM EST and california service center from 12AM EST yesterday night.

    All the best everyone !! Hope luck favors the deserved.

    Reply
  23. Hi Saurabh,

    I have contacted an attorney and she said she is not sure if I would be able to work for employer C if I enter US on A’s visa. 🙁 She expressed doubt that the cap number will be taken back if I enter US with A’s visa and not B’s resulting in only one active visa which is A since I got the stamping for A’s petition. This is scary because according to her I would be losing the cap number and would not be able to switch to C unless I go through cap again. She wasn’t sure about what she said but its been a nightmare for me since then. I’m leaving for India tomorrow and attending visa interview on 18th april. Can you please confirm. This raised a question. As you said I will have only A’s valid I94 when I enter on A’s petition, how would I initiate transfer of visa from B to C after I come back to US? Is it still possible? Do I have to go to India and get stamping from C in this case? I apologize for my ignorance. Please understand and kindly reply.

    Do I need to get my i20 signed for this travel? I always gotten my i20 signed by my school while I am on OPT. But last month I got the non profit H1b so do I still need to get it signed for visa interview?

    I look forward to hearing from you.

    Reply
    • Pinky,

      It doesn’t matter which visa stamp you use. It’s the petition that matters. So if you enter on A’s visa stamp and another employer’s petition then you can work for that employer. You don’t lose your cap number as once your cap-subject petition has been approved, you are cap-exempted for next 6 years.

      You don’t need to get I-20 signed as you will be traveling on H-1 and not F-1.

      I suggest talking to a good attorney like those as murthy.com to clarify your doubts. They may be a bit expensive though.

      Reply
      • Saurabh and others

        Not to hurt any body guys there is nothing called as 6 years for applying cap exempt ,once counted against cap is counted for ever i mean it doesnt matter how long or old your approved petition was.

        Live example is me let me tell all of you my experience.
        2001-2003 – Approved petition visa stamped never travelled to USA

        2015 –
        Applied in regular cap ,
        Picked in lottery ,
        went through RFE and denied finally on Jan 30 2016

        2016-
        Started hunting to find an employer from Feb 2016 to file a cap exempt using my old approval in 2001
        One small consultancy agreed and filed the petition using my 2001-2003 approval under cap exempt through premium processing on Mar 30 2016 got approval on Apr 4th

        Waiting for my documents to go ahead for visa stamping.

        So please stop spreading out the message of if an approval is older than 6 year you would not be eligible for cap exempt.

        Message me personally if any one wants more info

        Reply
    • Hi saurabh /KUMAR /friends

      I got mail to submit passport after 221g document submission .

      I was submitted passport .
      How many days it will take to collect it.

      Reply
      • Hi Rama,

        How many days have you taken to submit documents after 221g and after submitting the documents how many days consulate took to send you a mail for passport submission. Could you please tell this? Because I have also submitted the documents and waiting for a mail from consulate

        Reply
    • Hi RAMA

      Can please tell me how many days it has taken for you to get a mail from consulate after submitting 221g documents. Appreciate your response.

      Reply
  24. Hi Saurabh /Kumar,
    Can you please answer my questions?

    I am travelling to USA next week with my Wife and Daughter.

    My wokr place is Dallas. Due to the flights unavailability I have booked tickets to Houson for all three.

    Is this an issues since POE is different from work place?

    And my wife wants to stay at her brothers house Florida till I set up Hous in Dallas.

    So if she travel to Florida from Houston will it be an issue?

    Reply
    • SRE,

      Are you planning to book any domestic flight from Houston to Dallas? If yes, then carry copy of those tickets and show it to PoE officer if asked.

      I would suggest having tickets to Dallas for all 3 of you. Later, if wife wants to go to Florida, she can book another flight and go there.

      Reply
  25. My current employer filed H1B application this year . Now, i have a very good job opportunity in another organization, so, in this situation , would it be possible to move to my new organization without cancelling my H1 B petition .

    If yes, then what is the process for the same. I mean, would my new employer can pay the H1 Visa fees to my current organization.

    Please note , i am not talking about approved H1 B visa transfer . I have applied for H1 petition, which is subject to be picked up in the lottery . Please let me know if this is possible.

    Reply
    • Sani,

      Until the petition is picked-up and gets approved, this is NOT possible.

      Once the current petition has been approved, the new employer needs to file a cap-exempt petition for you. They will have to pay the fees to USCIS and need to submit copy of your current approval notice to show that you have already made through the cap. No need to inform current employer and new employer doesn’t need to pay them anything.

      Reply
  26. Please read and Share on SOcial Media..
    This Affects us all..

    http://www.petition2congress.com/19816/proposed-reform-to-h1b-program/?m=

    Reply
  27. Hello Saurabh,

    Just a small query on VISA appointment.

    I have booked the VISA appointment for Biometrics and Interview dates.

    But i didn’t submit my DS-160 form yet, so can i submit now or else after submitting i should cancel the dates and take new appointment dates.

    Also DS-confirmation number which we fill in profile in Visa appointment portal, is it same as application number?
    Because with this application number only I was able to move forward for booking the appointment

    Please give clarification on this

    Reply
  28. Hi Saurabh,

    I was able to book a Visa appointment in the Visa portal without submitting the DS-160 form. Is this possible?
    Sorry if my question is silly.

    Thanks,

    Reply
    • H1bAspirant2016,

      It should not be possible. You should try to add the DS form to it now as that’s a pre-req. If not possible, then contact us travel docs to get it fixed.

      Reply
    • H1bAspirant2016\Saurabh,

      To book VISA appointment, we just need the DS160 number which is actually created when we start filling DS160. It is not necessary to complete\submit DS160 to book appointment (though I recommend to complete DS160 before scheduling appointment).
      It is fine to submit DS160 now, even after booking appointment. But I’m not sure about the deadline (but I guess there must be one) which says that completed DS160 should be ready before xxx days\hours before stamping. So better to submit DS160 ASAP.

      Reply
      • H1bAspirant2016,

        Oh you meant to say that you did provide the DS160# in your appointment but hadn’t submitted the form itself. As other commentor mentioned, this is possible. Sorry, I thought you haven’t even mentioned DS# in the appointment, which is a pre-req.

        Reply
        • No problem Saurabh,
          When it asked for DS 160 application id but later I have seen somewhere that it should be confirmation number so I got panicked a little.
          After I have submitted DS160 I noticed that both application id and confirmation number are same. Anyways thanks !!

          Reply
    • Thanks Saurabh and VisaStampingdone,
      Yeah I have submitted now. I was able to submit the form even after booking visa appointment. 🙂

      Reply
  29. Hi All, My H1b visa response came as RFE on 1st Aug, my company have sent required evidence on 23rd Oct. and received by USCIS. But, my H1B visa status is still “Request for Additional Evidence Was Mailed” on USCIS website. After that I did not get any update on my case. Is this happened with someone else ?

    Reply
    • Hi
      Ur company can ask uscis people that they have sent rfe. Only ur attorney can contact the concerned people.
      U should ask them whether they have received the RFE documents or not.
      Let me know which company
      Thanks

      Reply
    • Yes, many people visiting this page are in the same boat for a very long time. Mine is Oct 28th RFE received, vermont center.
      Ask your employer to either raise an SR or upgrade it to premium. Hopefully you will receive some communication from USCIS.

      Reply
  30. Hi Saurabh/Kumar

    I got my stamped passport from delhi ofc and they attached my I 797 copy with passport so should i always keep approval copy with my passport ?

    I thought, if i have valid visa and can travel now to USA without any why and where questions 🙂

    May be , my question is silly because I never visited a International Airport 🙂

    Will they again check my approval copy at airport with passport at every counter there ?

    Thanks

    Reply
    • I797 with Stamped Passport,

      It is not required to staple the copy w/ the passport. When entering US, you should carry the passport and 797 separately. They stapled it for their own internal processing and for keeping them together for the purpose.

      Reply
  31. Hi There,

    My i-797b has a validity date until Sep-16, assuming I travel by Aug considering my current employer’s notice period do you think I will have sufficient time to file for an extension , is the length of stay on i-94 determined by petition expiry date + 240 days?
    Moreover do you think its wise to travel at the first place itself considering my petition expiry time.

    Reply
    • Chris,

      As long as the extension petition is filed before 797 expiration date, you should be fine. At the PoE, you would be issued I-94 based on 797 expiration date i.e. Sep 16.

      When the extension petition is timely filed, you can continue to stay for up to 240 days beyond I-94 expiration date.

      If you have a valid reason to travel and work on H-1, then why not travel.

      Reply
  32. Hi saurabh / KUMAR /ms/frnds

    I was submitted 2nd time 221g dicument and got reply that submit your passport for further process.

    Also they mention below comment

    “Please note that this email communication does not confirm that your visa is issued at this time”

    Is it approved or something check they will going to do?

    Give reply

    Reply
    • I hope there is a good news for you.

      the line “Please note that this email communication does not confirm that your visa is issued at this time” is formal line added to your email. But I think your VISA is approved and they are asking your passport to stamp the VISA.

      But yes, these all are still predictions till you don’t collect your passport and see the VISA on it.

      It would be more answerable if you will let us know the Application status on CEAC portal if it is “Issued” or “AP” or something else.

      Reply
  33. H1b stamped at Chennai.

    Here are the questions asked:
    How long have you been married?
    Who is your petitioner?
    Who is the client?
    Where will you be working?

    After this, she collected all my docs and gave me yellow slip to wait. After 2 hours wait, golden words 🙂

    Petitioner is a small consultancy in Texas.

    Reply
  34. AZ- at least they took some action. I hope it will resolve soon. What is your consultancy name and which center? What was your first rfe date.

    Thanks n all the best!!

    Reply
    • Mine is at Vermont. This is the first RFE am receiving after the case approved by May-2015 and I applied not through a consultancy, a small venture which is operating in WA.

      Reply

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