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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. Hi Guys,

    i am feeling very nervous because my employer he filled 35 petitions this year he 1 person out of 3 AD/PP got receipt, and 2 person out of 5 AD/RP got mail , and 3 person out of 27 NONAD/RP from india already received their receipt too i am in 27, for this status we can assume that game is over for AD/PP, But i don’t know what will happen for NONAD/RP people, my employer told me to wait till 5 May

    Reply
  2. My employer has filed H1B for me (Non-AD/RP). There is an onsite requirement which has to be filled by June 2015. So even if my H1B gets picked, I cannot travel till Oct 2015. So can my employer do L1B in parallel ? If yes, then what problems or questions would I have when I go for L1B stamping ? I mean, will the embassy guy straight away reject my L1B claiming that I have gone for H1B and since there is no confirmation on h1B I have come for L1B.

    And lastly, if my L1B goes through, then will my H1B get cancelled if at all it is picked. Please give your inputs.

    Reply
    • Already lottery is done and embassy knows whether you have been selected in lottery. So wait for 2 weeks, if no hearing then file for L1.
      FYI — getting L1 is not simple and rejection rate is high.
      Finally you can have any one U.S. Work permit, cannot have both L1 & H1

      Reply
    • I guess, you employer it self will tell you that they will ask you wait couple of week – when you ask them for L1A/B. Agree with the right answer you got from NS. I respect his/her opinion.

      Reply
  3. All you PP applicants, please keep hope for few more days. My attorney send me a note today with case number while the case was picked/notified on April 20th. So keep hope for one more week at least. I wish all of you good luck! I know that pain and stress to keep waiting till the end.

    Reply
  4. Got email from attorney yesterday evening that they received the notice via usps mail . I am ad, regular processing California center. Receipt wac15140501**

    Reply
      • I’m also from MS.. Did anyone from MS receive receipt numbers from Fragomen.. ??
        I have not seen a single case on this blog….

        Reply
          • Me too.
            Fragomen sent a formal update that they have received most of the receipts and they are not expecting any AD/PP after 24th.
            They also said that USCIS would be announcing that they have sent the receipts for all AD/PP by 24th which was yesterday.

          • So basically fragomen has received microsoft receipts.. But they were waiting till 24th before they inform.. Or have they already informed the ones who are selected.. ??

        • Not yet, I checked with few of my friends in MS redmond office, they haven’t rcvd any communication from Fragomen.
          Apparently they are not that worried, because this is their first time and they have got their GC filed as well.
          Luck … is all that matters.

          anyways. i wish you get it.
          have a good day.

          Reply
          • How does GC help? You still need an h1 right? I am on L1 . Is there anyone who is in Microsoft on L1 and almost max out?

          • You are correct, they would still need H1B, but they have more than 25 months of OPT remaining, means they can still try for 2 more lottery in next 2 years, and by that time their PERM etc would have been approved easily. They will be saving 2-3 years on their GC process.

          • By the way, why they haven’t applied GC for you?
            Fresh college grads are getting their GC petition filed

          • What happens to those folks in MS whose OPT is running out? What options does MS give to those employees?

      • They are probably lying about the GCs. MSFT had layoffs and there is a waiting period after layoffs before a company can apply for GCs

        Reply
    • As per fragomen they would send receipts within a day max, but that is not true considering various posts on this blog. Most of the fragomen receipts have been sent after week long time.

      Reply
    • This is what I received ystd.

      =====>
      Hello,

      As you know, Microsoft filed an H-1B petition on your behalf during the week of April 1 to April 7 and we wanted to touch base. At this time, USCIS has run their H-1B CAP lottery and have sent out the vast majority of receipt notices for petitions filed under premium processing (Microsoft premium processed H-1B petitions for employees in F-1 or J-1 status or who are outside the US and need the H-1B to begin employment on October 1). We expect USCIS will announce shortly that they have completed the process of issuing receipt notices for those filed under premium processing. If we receive a receipt notice on your behalf, we will contact you within one business day.

      We have not yet begun to receive receipt notices for those H-1B petitions filed under standard processing, which would be the type of processing for those already employed with Microsoft in L-1, TN, E-3, H-1B1 or L-2 status. We expect to begin receiving those receipt notices in early May. Once received we will send you an email within one business day to confirm the H-1B petition was selected in the lottery.

      For those filed under premium processing, if we haven’t yet received a receipt notice on your behalf it is still possible it was, or will be, selected in the lottery. Every year USCIS does fail to send out some receipt notices and the first communication is the approval notice. In addition, not every petition selected in the lottery will be approved. To ensure the full number of H-1Bs are issued each year, USCIS will select additional petitions to take the place of those denied. So while the odds of selection are very low, they are not zero.

      Please note that a receipt notice, and receipt number, ARE ONLY ISSUED if selected in the lottery. If not selected in the lottery then no tracking number is assigned by USCIS.

      Definitive evidence that the petition was not selected in the lottery will take the form of USCIS returning the petition to our office. We will contact you within one business day of receipt of the returned petition to confirm it was not selected in the lottery. Please note that USCIS has historically been slow in returning the petitions. That process may not begin until June and not be completed until late July.

      Please rest assured that we will contact you within one business day of receipt of a receipt notice or the returned petition. Until either of those actions occur we would not have any additional information as to the status of your case. As such we ask that you please be patient and refrain from repeatedly contacting Microsoft Immigration Team or Fragomen for a status update. Please visit your Case Update page on Microsoft’s case tracker portal for the latest information on your case.

      Anticipated Time Frame

      April 24: All premium processing receipts should be issued. Data entry and receipting for standard processing cases should follow.
      Early to Mid May: Fragomen to begin receiving paper receipt notices for cases filed under standard processing (as with premium processing receipt notices, Fragomen to notify beneficiary within one business day of receipt).
      June – July: Return of cases not selected in the lottery (Fragomen will notify beneficiary and recruiter/HRBP/Manager upon return of petition)

      As receipt notices are received we will send you an email and update your record, and as such, we ask that you do not contact Microsoft’s Immigration Team for a status update. Please visit your Case Update page on Microsoft’s case tracker portal for the latest information on your case.

      Best regards,
      XXXX
      Fragomen, Del Rey, Bernsen & Loewy, LLP
      230 Congress Street
      Boston, MA 02110

      Reply
  5. Do you all think the lottery is totally random or maybe they give a certain percentage to every company that applied? It does make sense and it’s a far better way I guess.

    Reply
  6. Friends!!….. Just got receipt for AD/RP …VT Center!….It is a feeling of joy as well of sorrow!.. I seem to have taken the place of some one better deserving than me !… That thought must make us persevere to work hard to make this opportunity make its worth!!
    GOOD LUCK !!

    Reply
  7. This is the 3rd year for me, its getting harder every year with the lottery, praying to almighty for mental peace (h1b Non-Ad/PP/VT)

    Reply
  8. Lawyer received the receipt today for me and one of my other colleague both of us AD/RP. I think they are now sending out RP receipts and next week would be crucial for those waiting. Good luck to everyone waiting.

    Reply
  9. Unfortunately there are a lot of numbers that applied PP didnt get selected and some already started to recieve their packages back.
    I haven’t heard any got reciept in mail who applied non-ad/Rp.
    I know people who got reciept in mail/check processed(AD/RP)
    If we estimate the people who write here as couple thousands of people,I guess regular process people have 50/50 chance to get good results.
    In my opinion,pp is over since they find out faster than RP also via E-mail.
    I believe out of 85k visa:
    %15 PP
    %35 AD/RP
    %50 Non-AD/RG
    Hope people who deserves will get selected.

    Reply
  10. Guys….

    I don’t get it.. Why some Regular process are received before Premium ones…??
    I think we still have hope on the PP!!

    Reply
    • If you are from Fragomen or something similart then I think you have a chance, because they are simply lazy. Even though they receive your receipt they will mail you after weeks.

      Reply
  11. Just received the receipt. I am AD/RP/CA.
    Receipt was received in regular mail (hard copy) at employer’s address.
    There are two dates mentioned on the receipt.
    Received date: April 13, 2015 (I believe this is because lottery was done on 13th)
    Notice date: April 20, 2015
    Mail through USPS was received on April 24 afternoon.
    Receipt number: WAC – 15 – 139 – 504**

    On a lighter note:
    I was the one who was kicking h1bslaughteragain’s ass for the past two weeks. I still got through. So, there’s nothing special about the name. It’s pure luck.

    Reply
    • Did you get any notice before April 24 from the employer?
      Like, do you know when your check encashed?

      Thanks for your help!

      Reply
      • I applied AD/RP/CA. My check was cleared yesterday morning. This morning we received the mail attn to our president. Unfortunately he is traveling so I can’t see the letter and I don’t know the receipt number yet (although I don’t know how that number helps other people).
        My situation is strange. I have 10-15 friends who applied H1-B this year. By far all of us got selected. We are truely blessed.
        I see some people here has applied three years and are still trying. I can’t say how much I respect them. Wish you all good luck!!
        One of my coworkers is leaving soon. My manager asked me to post a job at universities. When selecting the immigration status, I was not sure whether to select the F1 student. Then I remembered last year when I was in school and looking for jobs on career center website, I found myself not eligible for most jobs. So today I decided to try to help another F1 student.
        Wednesday my friend got selected and she told me that she will pass her luck to me. Then Thursday my check got cashed. I’ve always been a good luck person so now I wish to pass my good luck to you guys who are waiting.

        Reply
    • Congrats, the very reason you got it is because you are associated with this nick name 🙂 on a serious note you must have done some great things that enables you to be blessed like this. Congratulations

      Reply
      • Thanks mate. I’m not sure you are the original h1bslaughteragain or not. The original one was sort of a drama queen, you know. 🙂 You sound like a calm personality.

        Reply
  12. Just received good news from my DSO today. Status extended until 9/30 and there is a receipt number (WAC1514153XXX). My OPT expires on 5/19 and this was my second attempt. Good luck to everyone else!

    Reply
    • I am in the exact same situation. I’m AD/PP, DSO said that my end date is extended till 09/30 and I have a H1B receipt number. Does that mean I have been selected in the lottery? I found this out last Friday, and I tried confirming with my employer ( Disney ) but they still haven’t gotten back. They don’t know much about the whole process since they don’t hire a lot of internationals. This is really stressing me out.

      Reply
  13. Hi Friend, I need H1B sponsor. Can someone sponsor H1 for me? Or donation is also fine. Can you donate your H1 to me? After all, only a friend can help a friend.

    Reply
    • Same boat 🙁
      Hi can you use version 6 or something different or add an extra “n” at the end of name…its confusing if you use the same name as h1bslaughteragain
      Good luck
      My employer said they are expecting to hear for NON AD/PP/CA next week

      Reply

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