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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. NON-AD/RP/VT please Let me know if you received hard copy receipt in mail. I am wondering if Non-ad people talk based on their en-cashed check or reciepts.

    Reply
    • where r u ? r u in this world or roaming around the universe…

      NON -ad pp /AD -pp are almost done and very few chances are left ..

      its time for AD -RP/NON AD-RP

      Reply
  2. I applied for AD/RP/VSC. Just checked with my schools DSO and heard that my SEVIS is still active. Does that mean that my visa did not get through? My OPT expires in June 2016. Would my SEVIS still change had my visa been picked?

    Reply
    • No. Due to the high volume of applications, USCIS is not immediately updating the SEVIS information. So, checking your SEVIS status through your DSO is not necessarily an indicator of your petition being picked. Since you are AD/RP, I would suggest you not to loose hope. It seems like a large number of AD petitions were picked. Check with your employer/attorney and find out if the payment to USCIS was processed. If yes, then you’re picked for sure. Good luck!

      Reply
      • @coffee
        Thank you for sharing your input. This wait is just killing most of us. The email from my DSO has already spoilt my day. Hope to hear some good news this week.

        Reply
        • You can check this email from USCIS to the DSO. Link: http://redbus2us.com/wp-content/uploads/2015/03/SEVIS-H1B-2016-Update1.png

          Courtesy: redbus2us

          Reply
      • I got my cheque cashed on thursday , but when i checked with my DSO she said she cannot see any pending status on my sevis.
        I applied for my stem and got it approved and will be expiring in 2016 .
        Anything to worry?

        Reply
    • Wait and pray. Active dosent mean anything. Also since your opt is expiring post October 1st they might not update your sevis right away. So keep praying and stay calm.

      Reply
  3. What’s with this Wipro, all of a sudden! Did all Wipro applicants just wake up? Were they under a rock all this while?

    Reply
  4. Hi guys. My previous employer had applied for an H1 for me in the year 2007 which made it thru the lottery and stamping. However, because of an evil manager I could never travel to the US and I left the firm later. The petition was valid till 2010. If my current employer applies for an H1 for me can it be made a cap exempt one ? Thanks in advance.

    Reply
    • According to me not possible for cap exempt as your petition is expired already. Petition can also be renewed but before its expiry.

      Reply
    • No, it will be subject to the cap, because of (2) reasons:

      1. You are NOT renewing your existing H-1B
      2. You are now with a different employer than the one that had originally filed your H-1B

      Reply
    • Yes you can use it. Once a petition is counted against the cap , you can get it extend/renew/transfer it anytime can exempted. I have done the same.

      Reply
        • Yes, Mine case was also similar to yours.
          My H1 was approved in 2007 but I never traveled on it.
          Then I got it extended through other employer in 2014.

          Reply
        • you can use it only till 6 years from your last petition approval date. As it is more than 6 years now. .so you can’t use it as a cap exempt case.

          Reply
    • There could be buffered chances. Not all petitions selected in lottery are approved. Those kind of cases give scope for some buffered applications to get picked up. That being said, the likelihood is below average. But miracles can happen too!

      Reply
  5. L1b- Individual is verified by USCIS and once approved by them we will have to go US Consulate in India for stamping. Now, my question is…even after USCIS has approved L1B-Individual, can it happen that US consulate in India rejects while stamping? Please throw some light.

    Reply
      • Are you sure ? Because then what is the point of USCIS approving it. I mean, if US consulate in India have right to deny L1b-Individual, then it is better to go with L1B-Blanket every time…sorry but this is one dout I have. Please advice.

        Reply
        • What if you are a cheat, what if you took loan in india and scooted off. What if you have some criminal cases against u in INDIA after you moved to US. This is the reason that your stamping can be denied. USCIS only checks your employment details, but the consulate will have all other details.

          Reply
          • A denial can happen for any kind of non immigrant VISA at the consulate. However, the chances of L1B individual being denied at consulate are low. L1B blanket interview is 50-50%, as the consulate has the responsibility of the decision, but individual is usually just a formality. however, if you say something totally different from the petition they can reject for sure. If the petition said internal project, and you say you are going to be at client location, that sort of thing

  6. They en-cash your check and send you receipt.Probably there are two days between these processes.So If they process it today you can get your hard copy reciept on thursday-friday.I am non-ad/RP.We have still time to here till may 15th-20th.
    One of my friend found out Last week of may last year that she got selected.If you are PP, yes I think your chance is maybe %1.But RP still can hear anytime.

    Reply
  7. Hi All
    Do you have any Idea which third party vendor(like FDFU or Fragomen) is processing H1B requests for Accenture??

    Reply
  8. My sponsor applied for 15 people all in Non-AD/RP/VT.

    Till 04/27, 3 checks got encashed which means 3 ppl got selected in lottery. Do USCIS send all selected applications that belong to a company at one shot or others can still wait till May 11th to taste the luck?

    Please advise.

    Reply
  9. AD/RP/VSC – Checks not cashed. Last chance. Single Application from the entire firm.

    Time to start solidifying Plan B.

    Reply
  10. Hi ALL!

    At this point, my check has not been cashed yet (AD/RP/CAL). Does this mean this is it? not selected?

    Thanks in advance!!!

    Reply
  11. OPT Expires in December, but the MBA program won’t start til Fall. Anyone has idea how do I remains in status until then??

    Reply
  12. Although I haven’t applied for an H1 this year….I am following the blog just to find out whether folks have started receiving RP receipts as my friend has applied for a H1

    Reply
  13. Just an update from GIMS….. We dont have to expect result untill May 12th. They gonna send altogther on May12th.

    Just relax for next 13 days…………………..SHITTTTT

    Reply
  14. Non-AD/RP Guys,

    Hi All,

    In my company people start getting their receipt number for Non-AD/RP. Today almost 8 team members got their receipt number. I am waiting for mine. Hope for the best !!!…
    I am from Oracle…

    Reply
  15. Glad to see the Premium guys started receiving decision on their applications….. Take example of case EAC1512950349

    It says Case was approved and email has sent.

    Good luck Guys !!

    Reply
  16. God, Oh when will i receive my receipt. Here, I am crying out to you and you hardly notice me.
    Please, oh please grant me my H1B visa . Why art thou playing with thy disciple ?

    Reply
  17. Wipro guys. I got my receipt today.. Pls check if u got urs.. I am soooooooooooooo happy .. All the best to you tooo

    Reply
  18. Went through quite a few recent posts here …there are soooo many small fries(small It companies) who are also looking forward to the results . No wonder we have sooo many applications this year. I really hope Obama does something about this mess real soon and increases the cap . So many disgruntled souls who are not allowed to get into US might not augur well for his country .

    Reply
  19. my company filled 35 petitions this year in which they already got reply for 6 petition till yesterday But my name is not in that list so far :(, do i can expect more petitions

    Reply
  20. Any update on the CTS front ? Heard Infosys had applied for more than 20K employee this time. With all big IT companies playing it desperately , it’s going to be all the more difficult for the remaining players .

    Reply
  21. Got informed by my employer today that I have been selected. I’m AD/PP/CA from Disney and Fragomen did all the law stuff for us. Don’t lose hope guys. Good luck!

    Reply
    • Did you get your receipt today?
      Can you also share the two digits after WAC151 in your receipt number as well as processed date.
      Thank you.
      Waiting for Non-AD/PP/CA – Fragomen 🙁

      Reply
      • This is what my status says. Hope it helps!
        On April 14, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC15XXXXXXXX, and emailed you a receipt notice. It is being processed at our California Service Center location. The notice describes how we will process your case. Please follow the instructions in the notice. If you move, go to uscis.gov/addresschange to give us your new mailing address.

        Reply
    • Did you get the receipt today?

      What was the processing date on receipt?

      waiting for Non-AD/PP/CA – Fragomen :'(

      Reply
      • Hello all! Is there still chance for the bad- pp? Or is it All over? Why is the uscis so unclear about these things? Cheers

        Reply

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