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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

  2. Hi all,

    I’m just too scared to call my international office to check the status. I’m afraid if I’ll have to hear the bad news that its active…there’s no pending status
    Should I check with them? or wait till this Friday? :'(

    Reply

      • I am confused, you said you are non-ad, so bachelors from US basically? Give them a call, i did the same, helps trust me. Plus sevis update isnt sure shot, for some it takes time to get updated.

        Reply

      • If there is change you are through for sure.If not SEVIS takes time to get updated.There are people with receipt number and no change in SEVIS.So go for it.Good luck and God Bless

        Reply

  3. Hi all,

    Today i got a call from my DSO and informed me that my Sevis is updated and he had also sent the Updated CAP GAP I20

    FYI Check is en-cashed but no update from Attorney yet

    All the best guys

    Reply

  5. Guys.. i just heard back from my employer and he mentioned my check was cashed yesterday but it got posted today…

    Reply

    • AD/RP will take time….stay calm …probably will start by end of week and go on for the next 2 weeks. Stay calm and check with your school to see if any update. If not do not panic. God bless

      Reply

  7. Adv/pp/vsc. No news for me. Most people in my company got their receipts already. Just feel so sad right now. This is my last chance. Tried so hard to get my Phd and tried so hard to get this job. Really love my current job. But now, I am losing everything coz of the lottery. Years of hard work means nothing and one ticket decides my future. Do not know how to tell my family. They need my support and I am the only hope. But now…

    Reply

    • Hey, wish you good luck for the next few days.
      Looking at the average H1b applicant you definitely deserve to get it ahead of all of us. You still have hope the next few days.
      Good luck again.

      Reply

    • you havent lost it, friend of mine , VSC notified as of today morning. Keep the hopes up …i will pray for you fellow member. stay calm atleast till friday or even monday.

      Reply

  10. Guys,
    Just got an email from DSO. Please be advised that your SEVIS record shows that there is a Change of Status for H1B pending at this time. Forgive my ignorance, but does this mean a lottery selection?

    Reply

  13. I am with AD/PP/CSC(Fragomen)- Still waiting(unlucky last year) and currently on F1-CPT. Spoke with DSO yesterday and they said there is no update. As I am on CPT, will there be any change on my SEVIS? As per my understanding, the update would be only for OPT folks who qualify for cap-gap. Please respond! Thanks in advance!

    Reply

    • As you are current student and you still have SEVIS then it should be reflected there. It does not matter whether you are on CPT or OPT.

      Reply

    • Yes, there should have change on SEVIS.
      I use CPT to work too and it states status pending, and there is a receipt number. But I haven’t received notice from attorney.
      I am AD/RP/VST.

      Reply

      • Thanks for the info. I just spoke with SEVP folks but they just said my SEVIS is active and asked me to contact USCIS for my H1B info!

        Reply

  15. My OPT will expire in 20 days. I called SEVIS and they mentioned that my status is active… What does this mean?

    Reply

  16. My friend got his receipt today AD/PP/VT. His sevis udpate is still active so people who enquired about sevis pending chances and found out that it is still active stop worrying..Game is still on

    Reply

  18. I just called my lawyer and she mentioned that she filed 1 application for AD PP and received a receipt for that and has not received any receipt for AD RP or Non-Ad RP as of yet. So regular processing guys please hold on. It is starting soon..

    Reply

  20. Will the real h1bslaughter please stand up, please stand up………
    How can he since this is me 🙂

    Anyways guys, i had hundreds of members on this forum wishing for me and also cursing me for my endless rants but i am happy to confirm i got through.

    AD/PP/CA attorney confirmed this morning, receipt notice sent on 14th. Cant believe it took so long to be notified. Ill continue to support this forum for others. Will also check with my school to confirm if SEVIS gets updated, for all those that are looking at that as an option.

    Reply

  21. I just checked with my school about sevis They replied back saying There is no update to your SEVIS record at this time. Your SEVIS record is still marked in ACTIVE status. Does that mean My application was not picked in lottery?

    Reply

      • since your OPT Expires post october, maybe the update might not take place right away, dont panic (funny i am saying that) but for good reason you are AD/RP and i was AD/PP which means RP still have time…as Stay+ve kept saying watch IPL

        Reply

    • I am not sure if Active SEVIS status has any implications.

      I got the update from my lawyer that my application has been picked up in the lottery on April 17th. I also have the receipt number. But On My university portal I still see my SEVIS status as ‘Active’

      I am on OPTX with expiration in mid of June 2015

      Reply

      • dont worry about being active, if your lawyer confirmed, just try and get the receipt number. Thats all that matters.

        Reply

    • If you are currently on F1 visa and working on CPT or OPT and if your CPT or OPT is expiring before October 2015. Call SEVIS on this number to find your Sevis record. 1800-892-4829.
      If your record says Pending or Cap gap extension that means your H1b has been picked.
      NOTE: If your sevis has not been updated it is not implied that your packet is not picked. There could be some kind of delay. There are Cap Gap applicants who have received their application even though their Sevis status said Active.Give it a shot, All the Best

      Reply

      • i have completed my MS in US in 2009 and left US around march 2009 and at present am in India ,and now that i have applied for my H1B will the sevis number on my i20 help me to find my status or this number is only for them who are in OPT/CPT at present

        Reply

  27. Hi all,

    I am on H1B status with Company A which is valid through September 2017. Company B submitted my H1B transfer application(RP) on March 25 but they have not gotten the receipt notice yet!! It has been 4 weeks and no news. I am seeing both PP and RP cap subject people who applied on April 1 receiving their notices but me not being subject to the cap has not heard anything. I am so worried and do not know what to do. I contacted the lawyer, and she believes that without the number is it very difficult to locate the application. Anybody in the same situation? Any suggestion?

    Thanks and Good Luck to all,

    Nina

    Reply

  29. My company filed 9 petitions (1 PP and 8 RP). We haven’t heard anything yet. Does this mean that the PP case is game over? Btw, I am the PP case 🙂

    Reply

    • Not yet, stay positive until friday. Meanwhile, is it vermont or california? You must be very high fundoo person since your company is filing PP for you alone…:D

      Reply

        • Yes, since california is fast in processing and vermont is slow. Lot of PP receipts are still coming out of VT but few from California now. I have assumed this from replies here. But you should be fine, VT is still distributing lot of PP receipts, good luck to you my friend…:)

          Reply

    • If you are currently on F1 visa and working on CPT or OPT and if your CPT or OPT is expiring before October 2015. Call SEVIS on this number to find your Sevis record. 1800-892-4829.
      If your record says Pending or Cap gap extension that means your H1b has been picked.
      NOTE: If your sevis has not been updated it is not mandatory or is not implied that your packet is not picked. There might also be delay in updating your sevis or any other issues aswell.
      All the Best

      Reply

  32. There are people who are receiving their receipt numbers from uscis but the sevis is still not updated(even if it is expiring before oct 1st) so this is not completely true.

    Reply

    • I called them myself it is not a fake news, but yes if there`s no update that doesnt mean you have not been picked, there could be some delay. But if someone`s OPT or CPT is epiring before October 2015, they might give it a shot and call Sevis to get an update. Worst case scenario they are going to say your status is Active. But I feel its worth to give it a shot. All the best

      Reply

    • If you are currently on F1 visa and working on CPT or OPT and if your CPT or OPT is expiring before October 2015. Call SEVIS on this number to find your Sevis record. 1800-892-4829.
      If your record says Pending or Cap gap extension that means your H1b has been picked. If the status says active you can assume ur H1b has not been picked.
      NOTE: If your sevis has not been updated it is not mandatory or is not implied that your packet is not picked. There might also be delay in updating your sevis or any other issues too.
      All the Best

      Reply

      • My Opt actually expired last week, Am i in the “If you are currently on F1 visa and working on CPT or OPT and if your CPT or OPT is expiring before October 2015. Call SEVIS on this number to find your Sevis record.” category, or another category since it is expired?

        Thanks a lot in advance

        Reply

        • Yes you do fall under the cap gap category. Call Sevis and see what they tell you. But dont get disheartened if they say your status is Active. Sometimes they delay. All the best

          Reply

          • Thank you so much. I did call my school yesterday and he only mentioned that nothing has been updated with my status. I guess I am going to try again in few days.

  34. Anybody getting this message???
    I’m worried.
    “At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.”

    Reply

  35. My Friend has filed 3 applications this time and two of them got picked.. one is Regular processing and one is premium. He got an RFE today.. so get ready guys.. hold your balls and be ready for RFE’s…

    Reply

    • How can he get an rfe if processing has not even started. Good attempt at trying to scare people. Better luck next time. and what does it say on the rfe btw? lol

      Reply

      • Man probably you dont know, but Involved in design reviews and validation of the finalized data models. VT has already started processing. A lot of cases already approved and some got RFEs as well..
        ********************************************
        On April 21, 2015, we suspended processing of your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1513452***, because we need more information from you. Your notice explains what we need from you to resume working on your case. We will not take action on your case until we receive the evidence or the deadline to submit it expires. Please follow the instructions in the notice. If you do not receive your request for additional evidence notice by May 21, 2015, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
        *********************************
        check some random 3 digit numbers, you might see some processing

        Reply

    • thats what I said other day and every one laughed at it. I am saying- the queue will be long this year for sure.. small consultant will bite the dust.

      Reply

  36. Advanced Degree/Regular Process/ Vermont :
    Any news guys….SEVIS update? any notification?
    Reply please…Help all…. !

    Reply

  40. I was reading all the comments from morning and was kind of loosing hope and then I got email from my employer saying my application got selected. This was my third time and finally I got lucky. This year the ratio was 1:3 so out of three 2 will be disappointed but guys don’t loose hope. Good Luck to everyone !!!!

    Reply

  44. Anybody getting this message??
    I’m worried.
    “At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.”

    Reply

  45. **Guys update, my school told me i have a receipt number but it is a LIN number which seems like my receipt number from my OPT STEM that was approved a while back**
    So does that mean it was a simple CAP GAP while my case is going through the lottery process and not selection of my case.
    ********************************************************
    Reposting as I forgot to add something… Anyways this is the message I received this morning when I contacted my school”
    Because your employer has filed for H-1B you were granted a cap-gap extension while the USCIS makes there decision. Your cap-gap extends you to 09/30/15″
    I was not provided a receipt number. Does this mean I was granted a cap gap because my h1 was filed, while USCIS decides if I am picked in the lottery and then processed.
    Sorry really confused as I haven’t heard anything from my attorney.

    Reply

    • If they are confirming that you have SEVIS update, then yes you have been selected in lottery and next step will be approval phase.

      You should get in touch with your employer/attorney for your receipt number.

      Reply

        • Following are the factors worth thinking:
          1. The email from School clearly mention about H1-B.
          2. Extension is up-to “09/30/15” which is H1-B start date
          3. SEVIS update could take 2 weeks
          4. When your OPT extension is going to end, Is it before of after 09/30/15?
          5. how did your employer applied, Is it PP or RP? This is describe about notification from USCIS.

          I my opinion if email from school is correct then yes you have been selected in lottery.

          Reply

    • As far as I understand, our opt automatically extends to Sep 30, if it expires before Oct 1st once H1B petition is filed.
      Unfortunately, if ur case is selected in the lottery process, it should be pending of status changing from F-1 to H-1 rather than cap-gap.
      Correct me if I am wrong.
      Think positive and hang in there until you got official notice.
      Best!

      Reply

      • yes mine is saying cap-gap not pending as far as i know. Does that mean i am not selected. Does this happen to everyone whose OPT is expiring before october 1st?

        Reply

      • I think h1by2015`s CPT or OPT expired sometime after April 1st that is why he got the Cap Gap extension as he qualified for it. Within 30days from April 1st, I think thats when the Cap gap gets applied. Not sure, may be you can look that up.

        Reply

    • @h1by2015,

      Yes I think your Application has been picked. Suppose your CPT or OPT was expiring sometime before October but now there`s an extension till September 30th. If you want to be more clear, may be you can call Sevis and ask them what is your Sevis Status. I called them today morning and they updated me my status. Give it a shot but I think your application has been picked. All the best. 1800-892-4829

      Reply

      • thanks for your response. Why do they have a LIN number as my receipt number, is what it is baffling. Also what did you ask Sevis?

        Reply

        • @h1by2015

          A little information on Cap Gap

          What do I do if my OPT expires and my Cap-Gap Extension request is still pending with the USCIS?
          Under the new rule, the Cap-Gap Extension is a period in which an eligible F-1 student’s status is automatically extended to bridge the gap between the end of F-1 status and the start of H-1B status. If the student is in a period of authorized post-completion OPT on or after the date, April 1, the student becomes eligible for the extension, the student’s post-completion OPT is automatically extended. Therefore, the student is allowed to continue working with the employer while the Cap-Gap Extension request is pending.

          When I called I just asked them if they could let me know my Sevis Status. The person asked me couple of questions and then gave me an update. Make sure you sound confident. I made it sound as if I was just doing a general query. Talked about the weather, my work, summer and then she gave me an update. So be confident and dont sound desperate.

          Reply

        • I have received the same. My opt expires 9-18 and now when I checked with my DSO she said the date has been extended to 9-30.

          Reply

  46. Is anyone filing through Kidambi associates?? I am a first timer and I don know where is it files,whethr the check got encashed..no info at all..I am non ad/rp

    Reply

  48. Guyssssss………i am AD/RG/CA, My employer said my cheque has been cashed today. does it mean I got picked in lottery?????????

    Reply

  49. Just got a copy of the physical receipt from my lawyer! There’s still hope, hang in there! Filed under PP, no email receipt, no SEVIS update! Only physical receipt! Has been SUPER worried for about 2 weeks! Almost lost all hope! Praise GOD!!!

    Reply

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