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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. I just got an update from my employer that this time around 20k application which got picked has been rejected bcos of improper documentation. So, now there is one more chance for 20k guys to be re selected thru lottery….Lets hope for the best guys.

    Reply
  2. My third attempt in H1b Lottery.Was waiting with fingers crossed.Got my receipt Today!!!Don’t Loose Hope!There is always a Next Time!!!!

    Reply
    • Congratulations. I am so glad that things worked out for you. Good luck for the approval and now continue to support others on here

      Reply
  3. I am currently at India and was notified by my US employer on Last Thursday (30th April) that my application was picked in Lottery. This is the first time my H1b application was filed (though I worked on L1 few years ago) and m really happy. I hope all the folks here also get their H1b picked soon..Best of luck!!

    Reply
  4. Hi..

    this is the first time I applied for H1B – Regular process. when we people came to know that our petition got rejected bcz there is no specific time to that we people came to knoq rite!!! plz update me anything u got to know..

    Reply
  5. Hi Guys,
    I know that most of the people are desperately waiting their H1B lottery result. Best of of luck to everyone in this forum.

    I am currently in a weird situation. This is my first try for H1B Non-AD/RP. Please take some time out to read this. There are several people in this forum who have gone through H1B for years. I hope they would be able to provide some suggestion. Any suggestion would be highly appreciated. Here’s the scenario.

    I am working for a mediocre IT Company in India, say Company A. Company A has initiated my Visa for H1B. I never asked the company to initiate my visa. They came and ask me for my consent for filing H1B and I agreed.

    Now I have got an offer from a very large MNC (say Company B) who is ready to give me 60% hike for joining. I have to accept the offer letter by 15th May. However accepting the offer doesn’t mean that I have join the next day. I have to serve a notice period of 45 days in Company A. So on an ideal scenario if I am giving my resignation to Company A on May 15, I have to work for 45 more days i.e. till June 28. I have to join Company B on June 29. However submitting resignation can lead to various scenarios.

    Scenario 1:

    Company A notify me by mid June that I was not selected in lottery. I can join Company B happily.

    Scenario 2:
    Company A notify me by mid June that I am selected in lottery. I can think of taking back my resignation and continue in Company A.

    Scenario 1 & 2 are ideal scenarios without any issues. However, I have heard from sources that Company A will notify by mid June to the employees who got selected in lottery. They are not going to inform the lottery results before May last week. So things can get messy with the following scenarios.

    Scenario 3:
    Company A receives acknowledgement that I got selected in lottery. However it chooses to conceal the info as I am in notice period. In that case I will loose the H1B opportunity.

    Scenario 4:
    Company A receives acknowledgement that I am not selected in lottery. However it chooses to conceal the info which will lead to following.

    (I) Company A will not give me my relieving letter saying that the lottery decision is still not received. I will loose the opportunity to work for a very good company (Company B) with a great salary hike.

    (II) Company A will ask me to pay the H1B filing cost,if I want to leave. In that case I may have to shell out around $2000.

    Scenario 5: I choose not to accept the Offer by Company B. Later I will come to know that I couldn’t get through the lottery. In that case I will loose the opportunity to work for a very good company (Company B) due to the false dream of getting an H1B.

    I am going crazy over what should be the ideal way to tackle the issue. Please give some advice as per your past experiences in H1B. I would really appreciate all kind of suggestion.

    Reply
    • Don’t worry too much.

      For Scenario 4

      (I) Company A will not give me my relieving letter saying that the lottery decision is still not received. I will loose the opportunity to work for a very good company (Company B) with a great salary hike.
      <> Every company has to do a full and final statement which can be used as Reliving Letter. This will not be big issue

      (II) Company A will ask me to pay the H1B filing cost,if I want to leave. In that case I may have to shell out around $2000.
      <>No company can ask for H1B fees. Its not legal.

      Ask your company when you will come to know about H1B result.

      This is not a legal opinion.

      Reply
    • First things first. whats your goal. an onsite or a salary hike. try to answer that question first. Judging by your statement, onsite is your priority. Now if you ask me, i would suggest staying back unless you get the results. if you can get a 60% salary hike now, you can crack another interview in the next couple of months. If you end up in scenario 4.2 you have only yourself to blame.

      Reply
    • Dude,
      I was in the same situation last year as you are in now.
      But I made an ugly choice by waiting for H1 and not putting down my papers.
      From reading all ypur assumptions ,I would say most them are not valid like : If your H1 gets selected, the employer will let you know ASAP as that would be the only way for them to retain you.
      Secondly if you get the status by May end then fine else you better be smart enough to assume that it was rejected in lottery.
      Better I would say put down your papers. Serve your notice period. If your H1B gets approved you will get the info and then you will have a smart choice to make. Dont let the confirmed opportunity go like me .. 🙁

      Reply
    • You yourself answered your question.
      “I will loose the opportunity to work for a very good company (Company B) due to the false dream of getting an H1B.”
      You should know that if you are in such a company “A” which doesnt pay you as per your expectation then why you think that H1B will make you feel comfortable. This is my wise suggestion to Join “B” and look for your future ventures. If you are good in your field then surely your luck will present you another opportunity with H1B in your future.

      Reply
    • If you’re happy with the option of staying in India for couple of years, go to B with +60%.

      On the other side, if you badly want to come to US, stay with A — you have a chance of getting some salary hike anyways once selected in the lottery (this or the next year). Also, stay confident while at company A and you will get more opportunities in the future.

      Generally, companies notify to employees who gets selected immediately. So, your chances are slimmer to getting selected, that tells me you may wanna pick B.

      More importantly, you will get the answer from inside if you ask yourself — follow your heart, good luck.

      Reply
    • Mate, I was in the same boat. I finally had to let go of the opportunity to get an immediate hike for H1B. It sucks but simply have to wait .
      Take the decision based on what you really want in life.
      For me , it was a chance to work in US . Yes, just a “chance” , coz am still waiting .
      End of day, you should not lament on missed chances but assured enough to be responsible for your decisions . Hope this helps …

      Reply
    • Hey,

      1)By luck if you are selected in the lottery , ask your new company to buy H1b from your current company.
      or
      2)Resign from your current company,if your application picks up in the lottery , then take back your resignation.

      Hope these are the two best options which I can think of now.

      All the best buddy 🙂

      Cheers,
      Mamamiyya 😉

      Reply
    • Nopes no news yet. But some guys mentioned they got selected–

      Follow this thread

      redbus2us.com/qa/31742/any-one-applied-for-h1b-from-experis

      Reply
  6. Anyone from CTS received Non-AD/RP/CA receipts today. Because we had leave on Friday. Any lucky souls, pls share.

    Reply
  7. Cheque cashed 24 April 2015
    Receipt Num EAC1511425XXXX
    Noticed my mail yesterday
    NonAD RP VT
    Last Name: CXXXXXXXX
    First Name: TXXXXXXXX
    2nd Attempt, did not get through lottery of 2014
    Applied From:GBR

    Thanks, Wishing You Good Luck

    Reply
  8. TCS’ers..
    Any update so far? I think only TCS alone has not received even a single receipt.. Seriously, are we in the com(petition)..?

    Reply
  9. Hi,

    Is it safe to assume that if we do not get to know the receipts by this week or at max by next, then the game is over? Any idea on filing status from CTS? I am from CTS applying for second consecutive year now.

    Reply
  10. Hi Guys,

    This is our last week for all NON AD/ RP candidates if we don’t get any good news by end of this week then its time to implement plan B, and try next year

    Reply
  11. 3 from my team out of 10 applications received their receipt numbers on 30th April.. I am worried now if there are any chances me being picked ..

    Reply
  12. Did anyone from infosys receive an update in AIMS? I checked mine today.. its still in filed with USCIS. This is my second time. . 🙁

    Reply
  13. Hmm ..

    I am also expecting same , waiting for NON AD RP CA..
    But not sure how much i need to wait to get confirmation…

    may this name brings luck for me

    guys please tell me how many % of receipts are issued from calfornia center for NON -AD /RP …

    Reply
  14. Cts rp vt… lets see whether this name brings any luck. There are chances that GM will send emails tonight, Stay positive. If not today definitely we will get it by Tuesday.

    Reply
  15. Hey People,

    I am RP/Non Ad/CA…i am actually transfering from h4 to h1… i got the receipt number yesterday from my employer…..yahooooo…
    best of luck to h4s from my side..

    Reply
  16. Hi Friends, any one knows is there any buffer number of receipts for this year? why because after the visa interview if some one fails what they will do, if they pick exact number 85,000 in draw

    Reply
    • Yep, its over. Its over for the following categories @ both centres:

      1) AD / PP
      2) AD / RP
      3) NON-AD / PP

      Reply
      • Its not over for RP (AD/Non-AD). As per my attorney (Fragomen), they were receiving receipts until 3rd week of May last year. There are AD cases that were put into general lottery and their receipts are still getting generated.

        Reply
  17. Hi All,

    yesterday,I got my h1b picked up in lottery..was really painful from last few days..I will defi pray for all f you in this forum

    Reply
      • The receipts are not sent in alphabetical order. Both my first name and last name start with S, and the lawyer got my non AD RP VT receipt on 27th itself.

        Reply
  18. ah bored of waiting and checking other comments everyday . any how hope everyone get through , vermont – regular is very slow

    Reply
  19. My dear expert brothers
    No update yet..my employer says wait till may 15th..
    What are my chance here..TIA

    Reply
    • I heard from the HR yest abt my appln being picked in the lottery. I went on B1 visa, worked illegally and converted to L1 last year. Nw this yr I got my H1B. I suggest all Indian IT companies to follow the same route.

      Reply
      • nice !! good to know your HR work over the weekend !! really we need such dedicated team in USA, if possible bring your HR with you in states.

        Reply
      • Going by your extraordinary English sentence making (“Is the process works”) , I’m sure you must be someone with a fake resume/experience who absolutely has no real experience.
        You better take an English course before trying to come to the US. You can apply after 2 years with a better English!

        Reply
        • Going by your comment it looks like you are already in the US and since you are here still looking to keep some status …. for what it’s worth h1b is for skill based worker not language based worker… get a life … I am sure you won’t ….

          Reply
          • Being physically present in the US with a H1B requires better knowledge and communication skills to interact with people here.
            If one possesses just technical skills (which I suspect if the OP really possesses) and their language is weak like this – they better be offshore and just do the technical work.

            After all, even a 1st grade kid can make a better sentence than “Is the process works”.

          • Are you gonna communicate with you colleagues in C , C++, java or in English….. Please lord…let all the serving guys get picked up in lottery…no fake people should get through this time!

  20. Hope lets see…everyone is waiting for h1b…….my friends are waiting for h1b….the process is slow….as applications are more than last year….so we can hope this week to get maximum reciepts….God will help us

    Reply
    • How can number of applications affect the sending receipt process? Since they just select 85,000, which is same number as last year.

      Reply

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