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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. AD/RP/CS

    How come AD-PP is getting picked before AD-RP, is it not the same lottery for all master quota? Although the receipts might be sent out late but the check would be encashed at the same time right?

    Reply
    • how is the time of the check cashed out related to the lottery? I don’t see any relationship here. Regardless USCIS still gets money from the selected applications, so what the point here?

      Reply
      • The point is, the first proof for your H1b application being picked is your check gets encashed, only then the receipts gets generated and sent out back to your attorney.

        Reply
    • Because people paid extra in order to be processed first. USCIS prioritizes premium cases first. That includes cashing the check, generating the receipts and notifying applicants. Its not a “it can be done all at one go” process.

      Reply
  2. Waiting for NON-AD/RP!
    I have been in US for 9 years. 1year cpt+1opt+17months opt ext. This is my last chance to continue working.Im currently employed and I have had achieved so much that I cant give up on my carreer.If this h1b doesnt go through in my case ,I will have to do masters which I have to stop working and pause career.As a mech eng. years of experience make difference in your career.So you think I am just gonna stop and go home and chill.
    This is where I get mad.People who have no idea about US. consider this as lottery and they think they are gonna live american dream.
    Wait and see!Ups and downs I spent 9 years.Now Im settled down and its not a lottery for me.Its a must.
    I dont care if people are filing 5 applications or puting fake resumes.
    they are gonna suck big time when they face reality.
    This is government’s fault that they dont give us priority who has been living here,paying taxes no criminal background etc.
    Im a non-ad/Rp so I know im gonna get it soon because I deserve it.
    But Think about people whose life is dependent on this to stay here ,survive in this country.Hope they will get it as well.
    Best wishes to everyone.
    FYI I am not indian!IM TURKISH!

    Reply
    • WOW! Our Boston friend is all the way from erstwhile Ottoman empire.

      Good luck my friend! You will get it this time. You are RP. I am sure you will receive your receipt sometime next week.

      Reply
      • Thanks.I swear I lost my motivation at work last couple days.I cant focus on my task.I believe there are people in worse condition who is waiting to hear PP.may God give them strength!

        Reply
    • I’m on the same boat, I’ve been here since 2004. Graduated and worked for while. Long story short, I did not get my H1b few years back and I went back to school to get my MBA. Now, I got to put my life on the line again on this random lottery compete with bunch of people abroad taking advantage of this lottery and applying multiple applications. I’ve spent 10 years of my life just to live and work here legally. I hate this

      Reply
      • Stay Calm.There are a lot of stuff going on this year.Most of the mutliple applications get direct RFE .half of them will get denials due to confusions and fake paperwork.Here people still ask what premium whats regular.Some have no Idea what advance degree.Maybe they have no idea that they applied to H1B.
        Sad thing is people who cant even compete with you in real life on any stage are getting into same pool and have same chance to get selected.Just wait.It will end well for people like us.If not I am already strong. Im gonna find my way,but those unconscious kids will get lost when they land on this country.

        Reply
        • Yea man, I hope the best for you too. I feel the same way too, can’t fully concentrate at work. sighhhhh… I hope in a few days we both will hear good news..

          Reply
          • Thanks.I talked with my HR.She said check is not cashed yet.Im non-ad /RP so I still have time till end of may.I know in couple weeks I will find out.I see so many PP people are not selected.I guess the majority of selected candidates is regular process.
            Which state are you in?Where did u get your MBA?
            I m thinking of MBA as well.But maybe in a year or so.

        • Waiting bro. NON AD/RP as like you 🙂 no consultancy no multiple application. I still have a hope, people who are genuine and really strong in their field definitely they will deserve something good in life 🙂 I really appreciate the people who has done their AD in USA. I can understand their pain. Completion of graduated and just a because of H1b rules they are undergoing the real pain in their life. Most painful part is conveying the same to the family. But still AD degree peoples you all have a very good family support and I can feel how really they are in love with you, trust on you all. More than AD you all are lucky enough to have such a beautiful family. For Eg: h1blaughteragain. For all genuine AD/PP AD/RP NON-AD/PP and NON-AD/RP good luck all!!! “NO Pain NO Gain”

          Reply
    • Good luck @Bostonh1b
      I’m on the same boat. I did my bachelors. Now paln B is to do masters which is really expensive.
      I’m not an Indian either. I’m from Nepal
      Congrats to everyone
      God bless

      Reply
  3. I just received a receipt notice by mail for my AD/RP/VER case. I wasn’t even going to worry about it till next week but this notice just made my day. I haven’t heard anything from my lawyer since they are in a seminar or something. This site has been so helpful. Good luck to everybody!!

    Reply
  4. guys just received a notice via USPS mail that my application has been selected and so far my lawyer have not any update….made my weekend…dont lose the hope guys…

    Reply
  5. Can someone put some statistics on how many Receipts/check encashment (out of 20,000)are received for AD??
    How many out of 65,000 got receipts/check encashment ???

    Reply
  6. One of my friends application was returned with check by USCIS. Since he was with consultancy he was notified about this. Do employers and attorney tell us if application or check is returned?

    Reply
  7. I was notified today that my lawyer recieved an email that my NAD/PP/VT petition got picked in the lottery today.

    I just want to say thank you to this forum. This is my second year and this forum has kept my spirit going during the wait both years.

    Good luck to everyone who is genuinely in this process. Everything happens for a reason and I hope the best will come to you.

    Reply
      • I recieved the email from my lawyer today Apr 24.
        The receipt number said the petition was received and email sent on Apr 20, so there is a time lap between when the email was sent to the lawyers and when they sent it to me.

        Just give the lawyers time to process all the emails and information. There’s still time and hope. Hang in there!

        Reply
  8. Hello Everyone,
    USCIS will begin PP on April 27 but never said anything about last receipt date would be today. Yes everyone are saying chances are slim and all but who know for sure. Just waiting for a miracle and hope that happen to all genuine people who did everything right. So just keep praying.

    Reply
  9. Ok So Lets clear out rumors with some facts shall we,
    Disclaimer: I am no expert in immigration so take this with a grain of salt.
    1. You may get an RFE for whatever reason USCIS finds fit (no matter if you have only one application).
    2. RFE stands for Request for Evidence. DOES NOT MEAN DENIAL.
    3. YOU WILL get an RFE or straight up denial if you have filed multiple applications from the SAME Company. (YOU and your employer ARE IN TROUBLE.) –there are some exceptions though for genuine mistakes.
    4. According to USCIS multiple applications are legal as long as they are from different employers and “GENUINE”. (This is THE LOOPHOLE consultancies/candidates as exploiting).

    So stop worrying about what some troll says and chill.

    Reply
  10. How this would be??
    Out of 233k this year 85k would be selected. Next year there should be lottery for 85k in the remaining applications (233k – 85k = 148k) of 2015, no new appl in the year 2016. In 2017, 148k – 85k = 63k. So on 2017 new appl should be accepted to fill 85k and the rest should be carry over to the next year and should be given first priority. Atleast we would have some hope that within 3 years we will get H1B for sure. Until then we can go back to our hometown and wait for that.
    Just a boostup thought…;)

    Reply
    • You do indeed…
      but maybe we all should pause and think that others do this to make their lives better as well.
      Desperation can make you do stupid shit.
      Lets just hope the best for the deserving. 🙂

      Reply
    • I have studied and worked here for 4 years. I didn’t go through the lottery last year. I felt a little bit pity because I would be able to ask the current company a greencard instead of this visa. I have a strong hope for this year I’ll be picked in the lottery. If I fail again this year, I’ll take Master, find a job and do lottery again and ask the company to sponsor me a greencard meanwhile. I will have double chances for a lottery and I’ll be able to do it twice. Even if I fail with Master lottery in the future nor I couldn’t get a greencard, I’ll study PhD and apply myself a greencard. I won’t give up and go back to my country unless my career is fulfilled. This is my choice I’ll follow my choice to the end

      Reply
  11. Hello, I reached my employer and they said the check wasn’t cashed yet. Does that mean for sure I wasn’t picked in the lottery? Non AD/PP

    Reply
    • Don’t worry.
      My DSO told me that if I have any update from attorneys or employers, please inform them so they can see whether SEVIS status is up to date. It means that Sevis status is not up to date happens (Vanderbilt DSO)

      Reply
    • I just got to know yesterday evening that my application was picked – AD/PP/CAL. The receipt is dated Apr 17th. When i called my DSO on 22nd april SEVIS was not updated. So dont worry if there is no update on your SEVIS.

      Reply
  12. I am not an Indian. but I visit this website very often from last year. My wife did not be picked in lottery in 2014 .so she have to stay in H4 status and leave her job. yesterday we received the good news. the notice date is 4/17/2015. AD/RP/VT.
    good luck for you all.

    Reply
  13. Guys,
    Just now got news from my consultancy that my check got cashed.Mine is Non Ad / RP..Thanks for support.Praying to get receipt no and approval without any problem. All the best everyone.

    Reply
  14. Hi guys,
    I applied under AD/RP/VT this year. No news yet.
    My current OPT is ending in August. So I just asked my school for a STEM OPT extension. And they’ve got me the new I 20 for extension app. Does this imply a CAP-GAP extension is not applied in my case, i.e. I didn’t get picked in the lottery?

    Reply
    • I think it applies to pending H1 petition. For employment authorization to be extended during the cap-gap, the student must have an approved period of post-completion or 17 month extension with a future OPT end date., i.e., the OPT end date must always be AFTER the date the H-1B petition was filed.

      A student who does not have post-completion OPT or 17-month extension, or whose post-completion OPT or 17-month extension has expired before the H-1B petition was filed, will have the duration of status extended as a grace period for 60 days, but will not have cap-gap work authorization.

      SO i guess if you didnt got picked, it wont be cap-gap for you. I was on same situation. I Applied for opt ext last year, wasnt in cap gap

      Reply
  15. Today morning got mail from employer that i got picked up and got receipt no. I was AD/RP/VT. No multiple petitions. Some of my friends who were RP got to know in May-June(for last year) as well about their receipt number so hold on tight. Also, maybe check if your check got cashed and check with your university(for AD) if they can check status in USCIS. I’ve heard you status changed if you got picked but i m not certain so give it a shot. One call wont hurt 🙂
    Good Luck!

    Reply
  16. Hello AD/RP guys,

    My application got picked in the lottery. I received the email yesterday around 2pm from the Lawyer. It’s being processed in
    California.
    My receipt # WAC15137523** (Don’t wanna share the full number)

    Do not lose hope !!

    Reply
  17. Any one from Deloitte heard anything from Fragomen yet? The paralegals there are not helping at all…this is my last chance and i feel helpless…has anyone heard from Fragomen yet?

    Reply
    • Even though I applied for one application. I hope no RFE if only one application got selected.Dont worry.May be others are creating rumor.

      Reply
    • One of my friend applied for 2 companies. One got selected and approved. So looks like no issue until ur documents are correct.

      Reply
    • Because uscis is going to enter all the data b4 they return applications packet not selected. They will know multiple filings if any. So you will get an RFE. But RFE is not rejection if u respond to it and they agree to your response. You are good. They only want to know that multiple filing was not to gain advantage in lottery but companies and your qualifications are genuine. Hope it helps

      Reply
    • Possible is correct. But sometimes if you go through shady consultancies then they refuse to respond to RFE because they do not want unnecessary scrutiny from uscis. In that case you may be in trouble.

      Reply
    • My friend applied for 3 consultancy.Got selected in only one consultancy.Didn’t receive RFE.Also it got approved.Hope this helps u.

      Reply
      • That was the case upto 2014 but in h1b 2015 lot of people got RFE and now again in 2016 it is expected same. See murthy law firm and immigration Lawyer Emily blogs and you will know.

        Reply
  18. Hello Everyone. It feels like game over. My frnds under regular processing already got their checked en-cash. If anyone waiting then stay positive but I think its just a slim chance

    Reply
  19. I just got my receipt information last evening from my HR. My application has been filed under AD/PP/California Service center. I have completely given up hope and thought that i did not make through the lottery. I think there is still a chance for AD/PP as my attorney did not get an email from USCIS.

    Reply
  20. Does USCIS have any wait-list this year.? I mean if any file reject due to multiple filing then will they replace that petition with wait-list file.?

    Any thoughts.?

    Reply
  21. My Employer filed 6 applications(Non-ad/PP/VT) and got 2 selected until now. i think 4 were not picked up in lottery.
    My employer says, Even next week we can expect some more receipts for the same as VT works slow.
    so dnt worry guys who applied for Non-AD/PP/VT.
    All the best everyone.

    Reply
  22. Good Morning Everyone,

    Congratulations to all who made through this lottery. Good luck to all who are waiting just like me.
    I’ve been following this forum since a quite long time and it’s been very helpful. But anyway coming straight to my question..
    Are there any chances left for AD/PP/CSV??
    If my petition didn’t get selected for AD, that gives a chance in general quota ( Non-AD ) right?, however it is premium processing so, are there any chances left? Can I still hope? Did anyone hear on this lately?
    Any folks here on this forum waiting for AD/PP/CSV???

    I appreciate if you could please share the news/ knowledge on this. Thanks for your time!

    Cheers!!

    Reply
    • There’s little to no chance left man. They are already sending out regular processing out. It’s unfortunate that you’re one of the majority like the rest of us. Get some walgreen coupon and execute plan B.

      Reply
      • Hmmmm, worstluck ever.
        USCIS is deciding our future with lotteries.
        seriously!!!!huh
        preparing for the contingencies and trying to accept the reality.

        Reply

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