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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. My Employer filed my H1B petition. Now, can my employer file for L1B now itself even though H1B status is still undecided. I mean, can both H1B and L1B get processed in parallel?

    Reply
    • Yes they can, In fact one of my friends has H1B approved last year but he is still working on L1 since his wife could also work. Go ahead, good luck…:)

      Reply
  2. Just checked my sevis status with school… Status pending… H1-B request pending… received EAC receipt number from school…
    Msg in uscis status check ” On april 13th, we received form I-129″…Feeling Happy and good luck to everyone who are waiting…

    Reply
  3. I am following this blog for a while looking at every responses, thought to share the good news with you all.
    My H1B got picked AD/RP/VSC. No receipt number so far. Got an update from the employer.

    Good Luck for all who are waiting.

    Reply
  4. OMG.. Its hell..Not able to focus in work. Getting upset over things. When will this agony get over.? Absolutely not concentrating in work..:( Do you guys think its done with AD/PP/VT if we don’t get receipts tomorrow?

    Reply
      • I think they will update as it start flowing in. Iam not sure how mobility team works on this. But pretty sure its started flowing in as they do only RP filings.

        Reply
        • Guys, @Cognizant H-1B is telling Ad/Rp, does cognizant process AD/RP from india, i know anyone who completed Masters in US and working in cognizant may apply as Advanced degree, but i think its a wrong news

          Reply
          • Really dude??? So you telling nobody in CTS US joins after masters?? damm lol I myself knows around 25 in my account who filed AD/RP.

        • Mine is AD/RP/VT

          Can you know any one from CTS getting receipt. As far i heard from lawyer he said it will start flowing from april end to may first week.

          Reply
  5. Response from my attorney for Non AD/RP
    ====================================
    We are unsure at this point in time when we will begin to receive receipt notices for these cases. We have received a couple that were filed under premium processing but nothing has been consistent as of yet. As soon as we receive the receipts they are logged into the system and also sent to the employer. So continue to check the system for any updates. Thank you.

    Reply
  6. Hello Again, we talked about Plan B for AD/PP/VT but everyone who are in the same boat suggested we should wait till the end of the week. After reading today comments the chances are really really slim. I still want to stay positive but then I think I am fooling myself for some miracle. I know H1b is not the end of the road however, plan B (in my case PHD) is the other best choice (if it is right). So I have simple two question:
    1) Should I wait or just accept the h1b lottery faith
    2) Is there a better option for Plan B other than PHD or second master

    Reply
    • Here is my plan B:
      Opt Expire 31 May (Visa already expired)
      Planing to get admit letter and I20 once H1B is definitely “NO” and then go India get new F1 visa stamp and then start PHD

      Reply
        • Kavya: Yes. I cannot legally work after 31 May (OPT will expire and no cap gap extension) and if I am doing PHD then I really cant work in my present company as its in different state as my PHD university. May do CPT but PHD will get delay. So overall all screwed up if I want both hand full.

          Reply
          • So do you think its done wit Ad/PP/VT? What would you think I can do? In my case, I am in STEM OPT expiring in Feb 2016. Do i have to leave my job and start studying like you or can I work and study? I have a CPT for 9 months though.? Can you enlighten me with this?

          • @h1b_Achilles
            Buddy as your OPT is expiring in May 2015 you do qualify for the cap gap. Try calling Sevis and ask them your status. I called them yesterday and they told me my status. If they say its pending or cap gap extension that means you got through. Also ask them the status expiry date. If it says Sep 30th, that also means you got thru. Dont get disheartened if it says active. Here is the number give it a shot. 1800-892-4829. All The best

        • Pray that you and me both get it this year itself. Next you should talk to office of international program of your university about it or visa expert attorney (the one who is filing your petition this year would be better able to explain you the legal thing to do). I really dont wanna give you wrong information but to my knowledge (could be wrong) yes you cannot work after feb but could stay in USA till next 60 days and mean while apply h1b under PP and try to get into cap gap. Also, I heard (but never got confirmation) that stem opt is gonna extent 12 months so a total of OPT period of 41 months (now its 29 months)

          Reply
        • If your OPT is Expiring in Feb 2016 you can still file for your H1 in April 2016, you have a 60 day grace period and lets say even if your OPT is Expiring on Feb 1st, April 1st would still fall within the 60 day grace period. Once your H1 is filed, your OPT gets extended till June 1st. Please consult a specialized attorney and they’ll be able to give more info.

          Reply
      • Why are you so desperate to stay in US? why don’t you leave your seat for other deserving and honest guy. You seem to be like sucking US for your lust and spoiling that space.

        Reply
      • What do you suggest then. I am open for any suggestion. I am just weighing all my options. One more important info I am not from IT industry

        Reply
        • @h1b_Achilles
          Buddy as your OPT is expiring in May 2015 you do qualify for the cap gap. Try calling Sevis and ask them your status. I called them yesterday and they told me my status. If they say its pendingor cap gap extension that means you got through and if they say Active then just wait. Also ask them the status expiry date. If it says Sep 30th, that also means you got thru. Dont get disheartened if it says active. But if ur status says Pending or cap gap extensiont than you have got your application thru. Here is the number give it a shot. 1800-892-4829. All The best

          Reply
        • Do not panic untill next week: Pray and pray some more… Its not over yet..
          PhD (may give you stipend but) wont give you time to repare for job/h1 next year.. There are masters that gives you CPT from day 1.

          Reply
  7. My employer has filed my application under AD/PP/CSC. Is there anybody who is still waiting to hear back from California Service center with an advance degree and premium processing. Is tomorrow going to be the last day to hear about AD/PP from CSC? Anybody got a receipt from CSC in AD/PP Category on 22nd April?

    Reply
    • Monday is the last date to get results for PP, but chances are very low.Check with DSO to see if there is any update.I know how it feels at this point.But do not loose hope.Good luck

      Reply
    • Here is my plan B:
      Opt Expire 31 May (Visa already expired)
      Planing to get admit letter and I20 once H1B is definitely “NO” and then go India get new F1 visa stamp and then start PHD

      Reply
    • My OPT Extn. expires after Oct. 2015. So i am not sure if this has any effect on SEVIS. I have heard the SEVIS thing will only work if your OPT/CPT expires before Oct 2015. Any thoughts on this?

      Reply
    • I’m NON AD/PP/CA
      Is it over for us? :'(
      Guys please speak up who got the updates today or who is waiting as me..
      Good luck, god bless

      Reply
      • You can wait till tomorrow to see if there is any update. If your check has not been cashed then chances are slim. Start planning for Plan B.

        Reply
        • I am also Non Ad PP California.

          Still heard nothing. Check didnt get cashed as well.
          Do we get email notification even if we are not picked up in the lottery >?

          Reply
          • @Me Too

            Not now, In case if you are not picked in lottery you will come to know that only in June(or end of may).

          • @NoLuck

            Really ? I thought the whole point of premium was that you will know even if you are not selected !! 😮

            Yikess !!

          • @sasura ka naati

            If your case is picked in lottery, they will conduct your Visa Interview within 15 days(For premium obviously). So you will come to know whether you are going to US or not EVEN AFTER PICKED UP IN LOTTERY.

            This is the only advantage with Premium.

          • I feel so disappointed and paranoid. I applied for AD/PP/CSV.
            I contacted my attorney and she said that , they’re still receiving the receipts and will continue to receive the receipts for next few weeks.
            I’m not convinced with her answer but, I have no choice.
            Good luck guys!!

      • AD/RP just starts which means it’s almost over for the PP. But don’t lose hope until Friday. My friend got call from her lawyer last night. I am not sure about the CA. But VT is still processing, I guess…

        Reply
        • I think we will receive PP receipts next week also, at least from CA.

          For some reason, I think all the AD/RP receipts are coming from VT only, not CA.

          Reply
  8. Posting first time after reading each and every post here…..
    Just got a news that my application was picked up.. relieved.
    Lets hope, everybody gets picked up… Good luck.

    Reply
    • Wow Congrats!

      Please tel us like how you knew that your application got picked up? Is it because your H1 cheque en-cashed ? And also any other guys (Regular Processing) from your employer, got picked up in lottery?

      Appreciate your response!

      Reply
      • Thanks H1B/RP!
        It was based on check cashed. Still waiting for official notice and case number. That generally takes couple weeks for RP, I heard.

        Reply
    • Wow Congrats!!

      Please tel us like how you knew that your application got picked up? Is it because your H1 cheque en-cashed ? And also any other guys (Regular Processing) from your employer, got picked up in lottery?

      Appreciate your response!

      Reply
  9. wipro guys……………………………

    please……………update…………………..if you or your friends got the mail form GIMs…………

    Reply
    • @anand just wait for next wee, uscis not send out any RP to the consulting company now, next week is only we wil get to know, the one we heard Wipro got the receipt number is the fake news

      Reply
  10. My lawyer sent me an email saying that PP AD this week and non ad pp like me can expect notifications next week also as vsc is still notifying

    Reply
  11. It would be better if you(Wipro guy) tell how many members in ur proj got picked in lottery.. i mean how many peoples got the mails from GIMS/

    Reply
  12. Folks…… My frnd got it…. he got the email an hour ago……. only few cases were received.. WIPRO….. regular processing………. wowowowow…… looks the fever has started…………..

    Reply
  13. Hi Guys,

    Mine is AD/RP/CAL. I just asked my employer, I was told the check has not been cleared from their account yet. Does this mean my case was not selected?????

    Reply
  14. My employer informed yesterday that my case has been picked in the lottery – Regular Processing. The receipt is expected next week.

    Reply
    • I have applied from India through regular processing and I don’t have a degree from USA

      which category i belongs to is it NON AD / RP OR only RP

      Please suggest me under which category i belongs to

      Reply
    • Congrats!!

      Please tel us like how your employer got to know that your application got picked up? Is it because your H1 cheque en-cashed ? And also any other guys (Regular Processing) from your employer, got picked up in lottery?

      Appreciate your response!

      Reply
    • I think AD RP & Non-AD RP will be given same priority. Only PP (whether AD or non-AD) will be finished first on priority.

      Reply
      • i am not sure about the way the receipts are getting generated because i asked my company HR and he informed that by 27th only I should start seeing some action. Going by my experience of last year, i think RP non ad guys would be the last ones to get any notification.

        Reply
    • it should start from this weekend onwards, but i have a doubt that even if USCIS starts sending the receipts for NONAD/RP people by normal post, which it always does, than it would take another few days for the post to reach the lawyer/employer. So my guess is that we guys wont get to know before friday next week. From month of May onwards probably the picture should become clear for us guys.

      Reply
  15. No update for Non AD/RP
    Very few updates on AD/RP

    By this time atleast the lawyers/employers should be aware of the status.. Whats happening.

    before this week ends hoping to know the status.. NONAD/RP

    Reply
    • NON AD /RP woudl not start this week. I am guessing that from 27th onwards uscis would start sending the receipts by normal post. in that case by next weekend picture should start getting clear for nonad/rp guys

      Reply
    • Yes. I heard from my lawyer that check has been cashed out yesterday afternoon. She expects the mail notice will come in 3-5 business days with the receipt number. AD/RP/Vermont 2nd time applicant.

      Reply
  16. Wipro dudes….. Any contact with GIMS? I was told we can expect some by this week… Is that true?

    Managers will know well in advance that application has been picked or not… a list will be shared with them

    Reply
    • No man , why they will share with managers , they will share to us only . By next week onwards we will get the results
      Gims onsite team will share with ooc offshore , then they will trigger mails .

      Reply
      • No dooode… I am applying it for the 4th time….. I know these guys… they will know a way before than us… But yes, they wont share it with us…………. My frnd got to know 15 days before the email was triggered…. I had seen few cases last year……

        Reply
  17. I have follow doubts on, if possible some one can clarify

    1. How USCIS handle petition picked in lottery being rejetion, denial, or candidate withdrawn (multiple petition picked up case) etc? Because this year it looks more multiple employer for same candidate petitions picked in lottery.

    2. During lottery does it picks up exactly 65K candidates or more?

    3. If there are some waiting list, what happens if a PP petition is in waiting list? Will it not be processed as PP or converted to regular and the PP fee returned back (as 15 days exceeded in this case) ?

    4. I heard by May middle or end all of candidates will get approval or denial receipts. At the time, will the waiting list candidate will be informed as waiting list or so?

    Thanks!!!

    Reply
    • 1. It is legal to have multiple employer filing for same candidate. There is nothing wrong. It maximizes chances of getting selected in H1B. There are thousands of petitions being filed for such cases. You can also do that instead crying over others.
      2. During lottery they pick >65K petitions and put them on waiting list, as they anticipate some petitions might be fraudulent or in-eligible

      Reply
      • I didn’t say any objection in some one doing multiple employer petition. My objective was to know how USCIS will handle petition withdrawn (multiple filing cases) or denial etc, and filling them with the waiting list candidates.

        Reply
  18. Friends

    Looks like the RP processing is started. I think we all get the results in next two weeks.

    The PP processing is completed.

    Reply
      • For RP it is always through post but the employer or attorney can come to know in advance. They can verify whose check is debited.

        Reply

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