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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. Incase Company A(not current employer) is applying for H1B and which got picked. Now Current employer is ready to pay the Visa Fee and will to transfer the Visa.

    Is it possible?

    I know, Easy to transfer H1B in us from one employer to another. is it possible to transfer before you travel for the 1st time?

    Reply
    • yes, possible to transfer even before travelling ( or entering US)

      Carry both I797 approvals ( old and by new company) –even if H1b stamp is from previous company

      Reply
    • How you received this information ? Via mail or update in the INSZOOM site?is this your first attempt?Did any of your team member receive this?

      Reply
      • Recieved an email from GM team. This was my second time last year didnt get thorugh lottery.

        Got email this morning. Still no update to INSZOOM but go the scanned copy of the receipt from the link provided in the email.

        Reply
      • Recieved an email from GM team. This was my second time last year didnt get thorugh lottery.

        Got email this morning. Still no update to INSZOOM but go the scanned copy of the receipt from the link provided in the email.

        Reply
  2. if some one is not selected in lottery this year ,will he/she will be default nominated next year ? if yes? how many years this will be valid ?Please someone clear my doubts !!!!

    Reply
    • If you are not selected this year, your employer’s petition for you will be returned as if it were never submitted. Your employer will have to file a brand new petition next year.

      Reply
  3. Thank you God almighty.. I received my receipt number today.
    Regular processing – receipt Date 13th april, notice Date 23 April.

    Reply
    • RP NON AD

      On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1514350***, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by May 13, 2015, please call Customer

      Reply
  4. People have started receiving rejection mail ( by post ) for AD/PP/VT . I am so scared right now. please pray for me . I am dying seriously

    Reply
  5. Hi All,

    Did any one got any update who filed through “peopletech group”.
    premium processing.

    Thanks,
    H1bfirsttime

    Reply
  6. I dont understand…everyone is talking about multiple applications…I only know how tough it was to find one sponsor.

    Reply
  7. I did h1b NON-AD/RP from AITC(American Information Technology Corporation). Is this the genuine company? They took 3.2lacs for processing. I am not sure whether they applied the petition and blindly waiting for results. please tell me anything about AITC. Why they are telling that they will not provide the return receipt if not picked? Any idea guys. I appreciate your comment

    Reply
  8. I applied h1b NON-AD/RP from AITC(American Information Technology Corporation). Is this the genuine company? They took 3.2lacs for processing. I am not sure whether they applied the petition and blindly waiting for results. please tell me anything about AITC. Why they are telling that they will not provide the return receipt if not picked? Any idea guys. I appreciate your comments

    Reply
    • Genuine companies don’t take money from you to process H1B, Just an FYI….

      Any company should be able to provide the returned packet details which takes time though.

      Reply
  9. I did h1b NON-AD/RP from AITC(American Information Technology Corporation). Is this the genuine company? They took 3.2lacs for processing. I am not sure whether they applied the petition and blindly waiting for results. please tell me anything about AITC. Why they are telling that they will not provide the return receipt if not picked? Any idea guys. I appreciate your comments

    Reply
  10. I am a first timer NonAd. . RP..Not sure abt the centre.
    Going through this blog every few hours.
    Dont know how will things turn up

    Reply
  11. Hi Guys,

    I was Looking at my case status it says
    “Name Was Updated”

    On April 25, 2015, we updated your name for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC151395****

    What does it mean i am really scared

    Reply
  12. Hi, I got my receipt today. My case is AD/RP/Vermont. This is my second attempt. I did not get picked in my first try and I my OPT ended last October. Fortunately for me, my company was willing to send me to the UK under Intra Company Transfer visa last year. So, if your employer is having offices in other countries just give it a try, who knows you might end up liking that country. So, if you are not picked in the lottery, it is not end of the road, consider it an opportunity to try things which you wouldn’t have otherwise tried.

    Good luck!

    Reply
    • Hi, my company has the office in UK also. Could you give me some info about the transfer visa? Does the company need to be in any specific area to get this?

      Reply
      • The visa that I have is Tier 2 ICT (Intra Company Transfer). I think your employer can apply for this visa if they have offices both in US and UK. All they need to do is provide proof that you are employed with them. The process takes about a month.

        Reply
    • Hey, our company has office in UK as well. Did you apply the H1b this year while you are in UK? Are you going to apply L1 visa if you did not get the H1b this year? Also, could you please provide some information on the visa that you used in UK?

      I am really appreciated for your response

      Thanks

      Reply
      • Hi, Please see the above comment. I haven’t researched about L1 visa and don’t know if it is legally possible. When I look at the requirements for USCIS website for L1, all it says is you should have completed one year of employment in a country outside the US for the same employer. So, if I were not to get an H1B visa this time, I would certainly talk to my attorneys about an L1 and a possible upgrade to H1B next year.

        Reply
  13. Check cashed on 4/23, got receipt number from SEVIS update on 4/24. Waiting on the physical copy of the receipt notice. Good luck to all those still waiting.
    AD/RP/CA

    Reply
  14. Looks like all ad pp csc has got through. Ad/pp/vt may take a couple more days as they stared late and were sending physical mails initially.

    Reply
  15. Here’s my opinion about the cap system that the USCIS has for selecting the H-1B petitions: I feel all USA-AD/USA-nAD petitions should not be subject to the lottery system. It’s them who have worked harder on their education in the USA and are struggling with their nonimmigrant status from day 1 in the USA. Those candidates truly deserve a H-1B, because, they know the difficulty in getting a job, while maintaining legal status in the United States.

    Now, one might argue that they have chosen this career option. They decided to leave their home country for the States. But, it is because of these thousands of nonimmigrant F-1 students that the US schools run their business, and also boosts the US economy. Shouldn’t they receive some benefit out of this?

    Now, from the point-of-view of the petitioners from outside of the USA, they are trying to get to the USA to work through their employers. They might have an advanced degree from their home country or wherever and are working in their home country. It does not affect them so much if they do not get their H-1B picked. Not the end of the world – you are in your home.

    But, for the F-1 students in the USA seeking H-1B, here are some issues to deal with if they are not picked or denied H-1B:

    1. Expired Visa – cannot return to home country or make any travel arrangements
    2. On OPT – have to pay off student loans acquired during school, need a USD-paying job
    3. On OPT- pay off credit card debts acquired during school
    4. Stress – the whole stress of going through the lottery process
    5. Cap-gap – Maintain legal status by cap-gap extension, which means this might be the last attempt before heading back home

    Now, I’m not downplaying the ambition of everybody to come to “the land of opportunities” to create a niche for themselves. All I am suggesting is that the petitioners from within the USA must not be subjected to a cap. Everybody else can be in the lottery.

    I am a USA-AD petitioner and almost had to leave the country twice because I was unemployed for too long after my AD, and for other personal reasons. My application was picked in the lottery and now I have some breathing room. Best wishes to everyone alike.

    Reply
    • There is really no date.
      Its different every year.
      My best resort would be to keep checking the forums daily to see how things are going…that might help you guess the threshold.

      Reply
  16. As promised here is my receipt # WAC15139XXXXX
    I received the check en-cashed notification on the 04/20/2015
    and got to know about the receipt on the 04/24/2015.

    Reply
  17. GUYS,
    NONAD/ RP has been already started from last Thursday for California center, my employer already received a receipt for 4 guys

    Reply
  18. Have you seen the difference, most of the AD guys this year went through successfully through the lottery, USCIS finally decided to prefer their own bred-ed ADs.
    TCS, Infosys, Wipro, Cognizant: Please don’t spam US from that bloody Telugu state. You guys are so irritating!

    Reply
    • @Genuine Update

      I guess u had very bad exp with a telugu guy and you are a Indian … see not only TCS, Infosys, Wipro, Cognizant getting telugu people to US… there are so many AD guys here… whether you like telugu ppl or not … they will be here and keep coming.. u must live with it… so start getting used to your irritation ….

      Just chill man we are Humans.. all cannot be same 🙂

      Reply
  19. til friday i have 100% hopes that i will get this year because i applied through 3 employers, it seems its time to get panic, i am not sure whether i will have positive news this week, most of the non-ad/ad/pp received the receipts, i have been seeing this site from april 7th every hour, by my calculation if someone is still waiting keep low hopes.

    Reply
    • It is still to early to say that buddy… Chill – everything is going to be fine.. You still have a lot of time and hope.

      Reply
      • I just checked with school, there is no update on my sevis yet.. I am kind of losing hope…Most of my friends near got picked… If there is no Sevis update on today, is that means I did not get picked?

        Reply
    • Honestly at this point, hopes are less but today / tomorrow might be last two days to receive any delayed receipts…. I would suggest start working on plan b… Some people I know have already started working and figured out plan b… So might be a good idea to start

      Reply
    • Firstly get started with it, if you wait you might not have enough time to join college or start your Plan B…good for you if something changes before!!!

      Reply
      • I gave up waiting.. Fragomen told me I probably didn’t win the lottery. This sucks. Next year is my last chance.

        Reply
      • I just can’t believe AD/PP/Vermont failed me twice in a row. Last year almost all my classmates got selected! How can I find out if Fragomen isn’t doing shit?

        Reply
    • My lawyer says there is still hope until the end of the premium processing period on May 11. They could still send receipts for some while processing others. I’m still not feeling very hopeful though.

      Reply

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