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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. Game over for me. Checks not cashed and no sevis updates as of today. This is my second year not getting through the lottery. had only 1 application both the times. Either I am dumb for being righteous and putting in only 1 application or the lottery hates me.

    I am not cut out to be sad for more than a day. Whatever it is I am moving on:)

    Reply
      • Sorry Guys, Was in your situation till 2 days back, got to know I was picked in Lottery. I didnt get it last year n had to join a cpt university and get back to work. I totally understand your pain, Wish you guys get it, but yeah chances are less now. Please work on your plan B. Good Luck and pray hard that you still get it this year, else its gonna be tough to stay back here and attend uni and also work, but its manageable I did for close to a year now and will continue till September.
        Wish there is some kind of a better way to choose the petitions atleast for AD guys. Lots of AD ppl have done multiple. #Brutallottery

        Reply
        • What do you mean by “join a CPT university” – how does that work? I am AD but looks like missed H1B this year, and OPT expires next February. Any information is appreciated.

          Reply
          • If you are already AD and OPT expires, your only option is going to higher degree so that CPT and OPT is renew, Im talking about going to PhD. Those school they mention probably not works for you.

        • I am already under CPT! I guess the only option for me is to go back.
          @others, there are lot of universities which give CPT from day one. Just research in your respective state and you should find one.

          Reply
          • If I do that, and my STEM extension expires at the end of Jan, and get onto CPT, that would mean a new I-20 right? So if my employer files for H1 again in 2016, are there no repercussions whatsoever?

        • How does day 1 CPT work? I have seen some posts claiming it to be an abuse of F1 visa. Would the filing change? Can you please elaborate on that? I might have to do the same. Thank you.

          Reply
          • You need to register as a full time student and apply for CPT at the same time. Your employer needs to sign a co-op agreement with the school. Just do some research on the univ/schools about the background etc. Should not be an issue. There is no other way out unless there is some meaningful reform for H1b (atleast for Masters students)

  2. Hey,

    I have applied for H1 with AD/PP/CA. What does the SEVIS status ‘Pending’ mean ?

    I am on OPT with the OPT STEM extension kicking on teh last week of March 2015.

    Thanks.

    Reply
  3. AD/RP – My SEVIS was updated, but no receipt , Nothing from Employer ..Can i say that I was picked up for lottery for 100% SURE??

    Reply
    • People say, that if you are not picked in the lottery, there is no action on your case by uscis. I guess any change is a good sign. Unless there is some other processing of your case going on (i.e. you applied for OPT STEM extensions).

      Reply
  4. My Employer informed me that the check got cashed. Does that mean that my petition was selected in the lottery or should I not assume that? Somebody, please advice on the same?

    Thank you

    HopefulAD

    Reply
  5. Got a confirmation from Fragomen just now. I am non AD/PP/CA. I think there is still hope. Receipts are still coming in.

    Reply
  6. Hi,

    I’m AD/PP/CA and have been waiting desperately for it. Still no update. Losing hope. Checks were issued by the attorney’s firm so no way could I find out if the checks has been cashed.

    Reply
  7. From Deloitte, Fragomen informed that H-1B:Received email notification of H-1B receipt notice from USCIS Premium Processing Unit. All the best guys. Got lucky the second time having missed last time.

    Reply
  8. My checks got cleared this morning! Seems like I am in. HR just confirmed!

    California Service Center
    Non-AD, Regular

    Nothing from the attorney yet.

    Reply
  9. I am seeing lot of people waiting for their receipts.

    I can understand your position,since i was in the same couple of days before.So I am hearing many california nonad/pp reiceipts are trickling in yesterday/today…I know 4 people got their receipts from l1 to h1 from BAL.So dont loose hopes guys.be confident Always ready to face anything comes on your way.

    Reply
  10. How the hell Do you get your receipt to your house?
    I thought it only goes to employer and attorney.Someone said It came to my home adress.
    Any Non-AD/RG/VT recieved anything?
    sounds like AD/RG people are recieving mails,which means they already started sending out on Tue/weds if mail takes 1 or 2 days to be delivered.

    Reply
    • Why can’t you live your life in India and go through your routine life. Many AD people are already working here. Because of you we are losing our jobs and hopes.

      Reply
        • It would be better if it restricts to each company. TCS, Wipro, Infosys… every one misuses the quota. They should be shame for themselves.

          Reply
    • As an Indian myself, I’m equally frustrated. The govt should ban these shite tech companies from applying by the boat load for people back in India when there are several international students here who have a US education and have legitimate job offers. It’s truly messed up.

      Reply
      • Feel you bro, USCIS should put us international students here priority.. it is unfair that we have lived here for years and spend money to this country especially for the education and got robbed by those applying multiple h1b abroad. sighh

        Reply
        • Really? And what about second and third masters. Day 1 CPT etc? People applying to shady universities that has nothing to do with education and just act as visa tools? That is somehow ok? Fraud is everywhere mate. Just because you came here for AD does not give you any extra rights

          Reply
    • Guys,

      Why is this hatred towards Indians. I can understand your frustration in not getting through on lottery. But why blame the indians. I am employed with an IT firm in India. This line of business needs people working at client locations. Its imperative to understand not the entire team travels to US. But few of them who need to co-ordinate with others. So as long as the applications filed are going to be used by the IT firms, its legal and legitimate.

      Now the next problem is the most funny one, Indian immigrant students swearing at the Indian IT firms. Of all the people they should understand the kind of financial developments that IT has got to my country. A lot of people can earn their bread working honestly. A lot of families have seen light because of this industry. And not a lot of people can dream of higher studies in US because of their financial constraints. The only way they can realize the dream of US is through hard work and when people like me who achieve a sponsor, I dont want to hear these things from you people.

      The solution does not lie at banning the IT companies.
      1) Why create this panic of filing only during march. Accept applications throughout the year. Scrutinize it all you want but accept throughout the year. Indian IT firms files visas to other countries only on need basis.
      2) Multiple filing is legal. But atleast select one application only per person.

      Despite all this hatred you show towards us, we wont show it back. I sincerely hope your applications get selected. I also hope USCIS brings about reforms to improve this process in the coming years.

      Reply
  11. Now that RP receipts are coming, PP will still get preference in processing (those who are already notified). Does that mean sevis update to RP cases will also be late?

    Reply
  12. People waiting for AD/RP
    Just got an update from my DSO with the receipt number:
    EAC151385XXXX
    Looks like it was processed last friday…. no update from my employer yet!

    Reply
      • Ask them if there is any change of status on your SEVIS- they will know what you are looking for… they probably would have received many calls from many students with the same request.
        Good luck

        Reply
  13. Hi guys,
    I have doubt if we filled for two different companies but lottery picked up for only one application.Still there is a chance that we will receive RFE for multiple application?Please answer.

    Reply
    • You will be rejected as you tried to cheat the system by multiple fillings and screwed someone else chance. WE DONT NEED YOU HERE IN USA. go back!

      Reply
      • Why are u cursing me.I am just asking doubt.Is that means I filled for multiple applications.Just asking question is not bad.Please don’t make me feel bad like this.

        Reply
    • why are you filling more than applications. Because people like you other people miss lottery. and USCIS is overwhelmed with so many applications. * Abusive words *

      Reply
    • @ saih1b

      Its perfectly legal to have multiple application from different employers, so not worry on that part if you are genuine.
      As I said above if either one picked or both picked then you don’t have to worry in either cases unless your documents are legitimate and clean.
      If you got RFE then there could be any reason and you will have to provide requested doc to USCIS.

      I hope this helps. Good Luck…

      Reply
  14. Based on the blogs and comments,my assumptions are;
    25% of PP and 75%RP are selected.So Basically 20k pp candidates are selected.Dont lose hope when people comment about their reciepts.This platform is most likely 1-2percent of people who are selected.So there are plent of more reciepts which will be send out. most likely PP will be over tomorrow or next week. Vermont seems slower than other centers but if you are PP you should get it by tomorrow or till may1st.If not make a plan B,don’t wait too long.
    I thought RP only get receipts in mail but people comment about recieving reciepts by email.Is that right?

    Reply
  15. picked, AD/RP/CSC ,Employer confirmed that check cashed today.. to my surprise there hasnt been an update to my SEVIS status

    Reply
  16. I am AD/RP/CSC and got my receipt notice from my attorney this afternoon.

    Notice date: April 17, 2015
    Received date: April 13, 2015

    All the best to everybody.

    Reply
  17. AD/RP.. Backup plan after STEM OPT expires? mine is expiring 1st week of june. Any colleges offering CPT from day 1? Can i enroll for CPT from day 1 and work in a different state as the university ?

    Reply
    • Yes buddy, you can work from the first day of CPT. I had been in the same situation last year. But you have no reason to think on backup plans yet, you are RP, you should get it in cuple of weeks, Good luck…:)

      Reply
          • Hi, my sevis hasnt been updated nor checks cashed.. that is why i was thinking of backup :(.. with regard to harrisburg, how is the course work and can i work in chicago? It would be nice to chat with you, if you could gimme ur email/ any other contact.

          • Apparently, I am working in Chicago as well my friend, You can surely work anywhere in US, you just have to go to school once weekend per month to attend classes, thats it, but again, stay positive man, you gonna get h1…:)

      • NO YOU CANNOT WORK LEGALLY IN STATE ON DAY 1 WITH CPT.
        These institutions are very shady and are already on radar. And you will have HUGE issue when you apply for Green Card. DO NOT CUT THE CORNER.

        INSTEAD OF ASKING OTHER, DO REASEARCH ON YOUR SELF AND ASK YOUR DSO. THIS BLOG IS NOT YOUR LEGAL ADVISOR AND WILL LEAD YOU TO DECISION, THAT YOU WILL REGRET LATER.

        Reply
        • So what option do you suggest MR/Mrs AD/RP???
          Back your bags, go home and start a fresh life???
          When you dont agree with something, say “I do not Agree”, you have no rights in defaming something…

          Reply
          • There is nothing wrong in defaming something that is illegal. And yes, going back to India, or wherever you are from, and later on trying to find a job using the advanced degree you have, and applying for H1 next year is an option.

    • And all of this is somehow more “moral” and “legal” than someone paying for H1, and / or applying through multiple petitions? I did not, before you start hammering me. Just wanted to say that AD folks doing stuff like second masters day 1 CPT is as much of a fraud as non AD guys going with consultancies.

      Reply
  18. My attorney just advised that VT has delays in issuing receipts.. There might be some more hope for PP cases beyond tomorrow.

    Reply
  19. AD/PP/CA still waiting for the receipt. Check not cashed out just checked with my lawyer. Do you think I should loose all hope 🙁

    Reply
  20. people hang in there RP results are pouring out

    i am AD/RP/VSC heard they got my receipt, but for some reason they told me not to worry about the no. and i dont even have the receipt no.
    * poker face*

    if in case somethings doesn’t work out, any idea how i can transfer H1B without receipt no.

    Reply
    • I am assuming that it is your employer who does not want to share the receipt number with you……..if thats the case then you can call your university international office and request them to give you the receipt number.

      Reply
  21. Guys try to listen to the first 3:30mins.
    This can have a profound effect on you.
    H1b is just a part of your life. May be a big part but still, it’s just a part.

    http://www.ted.com/talks/sarah_kay_if_i_should_have_a_daughter

    Reply
  22. I just heard from my lawyer that two AD Regular Processing Vermont receipts have come through. No CA receipts yet. I am talking all Regular processing here. I am still waiting for mine. At this point in time, all i can do is pray to God that good news will come through sooner than later! He is great and he will hear me out this time!!!

    Reply
  23. I haven’t heard from my lawyer/employer yet.
    I don’t know how lawyers can see if the check is cashed.I mean your employer sends your filling fee.Also how does your lawyer get an email reciept if you are RP.
    I m non-AD/RP.I Believe AD will send out first then non-AD for Regular. So we have two more weeks.
    PP will most likely be over tomorrow.
    I have been here for 9 years and I’m opt ext.I have to get it.
    God is on our side,Hard work will pay off.BE Patient.

    Reply
  24. Still waiting. Any good news? Does any one know the L1 process well? Planning on plan B. This kind of w8ting is killing me

    Reply
    • L1 is intra company transfer. There are two kinds. One for managers, and one for technical folks with specialized knowledge. However, the primary condition is that you need to be working for at least a year at a non US branch of your company in the preceding three years, before applying for L1. i.e. you can’t apply for L1 if you are, and have been staying in USA for a long time / or never worked for the non US branch of a US company. Since you are AD, and in USA for some time now, you are not likely to pass the criteria for an L1 visa. A typical example of L1 is IBM USA filing for an IBM India employee. You can’t just join IBM USA directly from USA, and ask them for an L1.

      Reply
        • Yes you can. Of course it will be time again to apply for an H1 again by then. But, yes, you can apply for an L1 as a backup. You need to consider that unless the current memo takes things back to the way they were in 2009 or so, an L1B requires proof of real specialized knowledge, which is not required for an H1.

          Reply
  25. I am in US on H4 now . My check cashed and received receipt yesterday . Does that mean petition is approved or just picked from lottery . Still RFE possible ?

    Reply
  26. In my opinion, if you are AD, most of you will be picked. Let’s do calculation: how many accredited, non-profit universities does each state have, no more than 5 in average, right? So, don’t worry and keep faith. In addition, best wishes for non-AD too.

    Reply
  27. My employer just emailed me with my receipt number. I was confused because I knew I am RP. I don’t believe that AD/RP can receive mail at this time. I emailed back to ask if they received mail, and they said yes. Hope that everyone will be lucky.

    Reply
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    Reply
    • Hello. Please contact out sales at 1-800-MUT-H4YU and they can provide you with a quote. We’re open Sat and Sun 5 PM to 7 AM. Thanks.

      Reply

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