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H1B Visa 2017 – News, Quota, Cap, Predictions, Lottery, FAQs

If you were one of the unlucky ones not picked in whopping 233,000 H1B 2016 Lottery Applications , you might be already wondering when is the next H1B season going to start.  Also, some of you may be studying in US and some working abroad and planning to work in US next year. This page will be constantly updated with the latest details and commonly asked questions around the next upcoming H1B Visa fiscal year of 2017 season news and updates.
[alert type=”warning” close=”false” heading=”H1B Visa Cap reached for FY 2017, Lottery Done “]  On April 7th, H1B Cap for FY 2017 was reached. Lottery was done on April 9th. Read News Summary – Over 236,000 Petitions for FY2017 [/alert]

When will the H1B visa 2017 season start ? Date ?

Short answer April 1st 2016. Typically, USCIS will start to accept petitions for the next fiscal year starting from April 1st of the previous fiscal year. USCIS fiscal year is from October 1st to September 30th. So, for H1B quota of fiscal year 2017, which starts from October 1st, 2017, USCIS would typically accept applications from April 1st, 2016.  The H1B Visa 2016 season started on April 1st of 2015.  Also, in the H1B Rejected Notices of 2016, USCIS mentioned that, the non-selected candidates can file H1B petitions for FY 2017 on or after April 1st, 2016.

USCIS announced on March 16th, 2016 that they will accept FY 2017 petitions from April 1st, 2016. Read Summary of USCIS press release FY 2017 .
Also, we have written an article summarizing on What to expect in H1B FY 2017 Season 

What is H1B 2017 Cap ? What are the H1B 2017 Quota numbers ? Regular vs Masters ?
If you new to H1B, I suggest you read All about H1B Visa Cap- Regular vs Masters. In simple terms H1B cap is a congressional mandated maximum number of petitions that USCIS can accept in a year.  As of now, below are the H1B cap number for fiscal year 2017.  The below numbers are confirmed in press release by USCIS on Mar 16, 2016.

  • Regular H1B Quota : 65,000
  • H1B Master’s Degree Quota ( only US Master 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.

There have been many discussions around change in H1B cap numbers by Obama administration since 2013. The planned proposal was to increase the regular quota cap to 110,000 and Masters quota to 25,000.  No changes for FY 2017, the above numbers of 65,000 and 20,000 are officially confirmed by USCIS in their press release.

What is H1B Visa 2017 Prediction? Will there be Lottery again for FY 2017

Update :  USCIS Updated on April 12th, 2016 that they have received over 236,000 petitions for FY 2017 quota and the lottery was completed on April 9th.

Looking at the past trend of H1B season in the past three years, we could very likely have lottery for FY 2017. Last year for FY 2016 quota, there were 233,000 applications. We have done a detail analysis with the H4 Visa EAD rule in place considering the economy, students graduating, OPT news, etc.  You should read  article H1B Visa 2017 Lottery Prediction News, results, Date .

If H1B lottery, will there be any preference in lottery for Large companies ? Premium Processing 
Well, no preference for anyone, all are treated equally, including premium processing. There are many such misconceptions about lottery process, we have compiled a list of such myths and criteria, you should read Myths of H1B Lottery, Criteria

When to plan for H1B visa 2017 Application ? How soon ? What should be the strategy ?
It is never too late to start planning for your H1B 2017 season. If you plan to work in US on H1B visa in the next coming fiscal year, below are some suggestions based on your situation.

  • F1 Student in USA : If you are studying on F1 visa and about to graduate in next one year, you should seriously look at finding an internship or co-op at companies that can sponsor your H1B visa. You can search for H1B Sponsors in a particular area using our H1B Sponsors Search Tool and try to get an internship to work there on CPT or OPT after you graduate. This is a strategic move and will require sometime, so plan well.
  • Professional from outside USA : If you are a working professional outside US, planning to work in US on H1B, your best bet is to find Multinational companies that have major US presence and secure a job there, so that you can position internally for applying to H1B visa, when the season starts. This is a very strategic decision, you need to carefully assess your options, speak to the company if such options exist and then only choose it.
  • Other H4, L1 Visas : If you are on these visas, your best bet is to find companies just like I mentioned for F1 students that sponsor H1B visas and start interviewing and keeping the conversation going so that you can ask them to file H1B when the season starts.

We have put together a Step by Step Plan on How to apply for H1B 2017 Quota

How do I find a H1B Visa Sponsor – The most asked million dollar question ?
If you are student in the US, it is very straight forward, you find the list of H1B Sponsoring companies using the tool in an area as I mentioned above and get an internship in one of them so that they can sponsor your H1B visa.   Unlike, if you are coming from outside US, it can be tricky.  If you work for an Multinational company ( MNC), then they will have some internal process to pick the candidates and then process H1B visa for them…The other option that has been used and abused is the consulting companies route…Many a times, the H1B aspirants approach a body shop IT consulting company to file H1B for them and they apply for the same. It gets nasty with the body shop consulting companies.  The comments on this H1B Companies Reviews article are quite eye opening. I advise, you beware of the consulting companies and avoid fraud.  Also, WE as RedBus2US do NOT provide any guidance or assistance or sponsor anything. If someone claims that, it is pure fraud and they are trying to trick you, we are not responsible for that. Please be careful. Anyways, for various other options , You may read article How to find H1B 2017 Sponsors

What is the H1B visa 2017 filing fee ? Is it same or any changes ?
It changed slightly this year with the Omnibus Bill passed in December 2015, that will increase the H1B filing fee by $4000 for FY 2017, until 2025 for certain companies that have over 50 employees and have more than 50% of their employees as H1B or L1 visa holders in USA.  Check USCIS Guidelines on H1B Fee increase. Depending on the size of the company, the H1B filing fee can vary anywhere from $1,600 USD to $7,400 USD + Attorney Fee. There are various fees components that make up this number range, for more details Read Summary of H1B Filing Fee 2017 – Who pays for What ? . Below is a high level summary. Also, one key change is that,  there was $2000 USD additional filing fee as per Public Law 111-230, this law expired on Sep 30, 2015 and that is not included anymore.

H1B Fee Component Fee in USD
 Base filing fee $325
AICWA Fee $750  or $1,500
Fraud prevent & detection fee $500
Fee based on Public Law 114-113 ( if applicable) $4000
Premium processing fee (Optional) $1,225
Immigration Attorney Fee Varies from $500 to $3000

What about Comprehensive Immigration Reform(CIR) and Obama Executive Actions for H1B 2017 Quota Increase ? 
There has been many articles and discussions since 2013 around immigration reform by President Obama and changes around and some like below have been discussed in the last couple of years, nothing moved significantly.

  • 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  ( Part of this came up as the fee increase in Omnibus Bill )
  • Additional H1B rules to avoid H1B Visa fraud by employers
  • Mandatory LCA posting for 30 days before it is certified.

The current status on all of the above are basically “No updates”,  there are no set deadlines for any of them and none of these are happening for FY 2017. You may read Summary of CIR Changes to H1B . Officially as per press release on March 16, 2016, the H1B cap is confirmed to be 65,000 for regular and 20,000 for masters…hence, no changes.

What is LCA for H1B Visa ? Processing times ?
LCA is a form that has to be filed with US Dept of Labor and get it certified before filing H1B petition with USCIS. It has to be sent along with H1B Package to USCIS.  It has all the relevant information about the job position like wage, location, title, etc. It takes about 7 working days for processing of the LCA by US Dept of Labor (DOL). You can read complete details at Why is LCA Needed for H1B – Processing Time, Salary 

H1B Visa 2017 Premium Processing Time :

USCIS Updated in their original press release on March 16, 2016 that the premium processing will begin no later than May 16, 2016.  But, on April 22nd, they updated that the premium processing for FY 2017 will begin on May 12th, 2016. What it means is that the official 15 calendar day SLA for premium processing petitions will be starting from 12th.  USCIS may process the petitions early as well, but officially their clock starts on that day.

H1B 2017 Case Tracker  :
Did you apply for FY 2017 ?  We have put together a tracker along with good graphs for analysis. It is completely anonymous as we do not capture your case number or any personal information. It is community contributed data, the more you add, the better for everyone, including  You !

[prompt type=”left” title=”Track your H1B Case” message=” Anonymously Track your H1B Case – Share and Get updated from Community.” button_text=”H1B 2017 Case Tracker” href=”https://redbus2us.com/trackers/h1b-visa-tracker/”]

Most Recent News of FY 2017 H1B
Below is the most recent news regarding H1B 2017 season. You can check the updates page as indicated below for the full history and details.

  • July 8th, 2016 ( Official ) : USCIS released a press note today indicating that they have completed returning all the petitions that were not selected in the H1B lottery for FY 2017. Read More details here 
  • May 2nd, 2016 ( Official Update ) : USCIS updated that data entry is complete for selected petitions in lottery. if you were selected, you should receive receipt notices in 2 to three weeks. If not, the chances are very slim to get selected. You should look at your plan B.  Read H1B Data Entry Complete Article for full details
  • April 22nd, 2016 : (Official Update) USCIS Updated that they will start premium processing from May 12th, instead of May 16th.
  • April 12th, 2016 – 6:30 PM EST : Official Update :  USCIS released a press note that H1B lottery was completed on April 9th and they received over 236,000 petitions for FY 2017 quota. Read Press Release Summary  
  • April 12th, 2016 – 11:50 AM CST ( Unofficial Update ) : It is reported on blog by attorney ( immigrationgirl ) that they have received about 40 email receipts of Premium Processing. What it means is that USCIS has already conducted lottery. We will keep you posted with updates. If I am not wrong, they are just drafting the press release now.

[prompt type=”left” title=”H1B 2017 – Latest News Updates” message=” Most recent and complete history of all latest breaking news updates from Official sources like USCIS and Unofficial sources for FY 2017 Season.” button_text=”Latest H1B 2017 News” href=”https://redbus2us.com/h1b-visa-2017-cap-count-updates-tracker-news/”]

When is the next H1B Season ?

The next H1B season starts on April 1st, 2017.  Wondering about your next chance for H1B and various details about the next H1B season, check out H1B Visa 2018 FAQs

Sample H1B Reject Notices for FY 2017 ?

USCIS has started to mail out the reject notices for FY 2017 petitions that were not picked in lottery. It says that the start date for next year H1B season is April 1, 2017. You can check out the Sample Reject Notice for FY 2017, Details

We have many more FAQs around H1B Visa 2017. We will continue to keep updating the page with latest news and updates regarding FY 2017. Bookmark this page and keep checking for updates.

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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23,619 Comments

  1. Hi,
    My wife is in H4 right now. She had a H1 already and it got expired in 2012 (under six years). So can it be renewed/h1b transfer now? or does it need to go through a fresh petition?

    Reply
  2. Hi Saurav,

    This is Sai.Could you please let me know is there any priorities ft MNC’s in lottery??Or it is same across all companies in the world????

    Reply
  3. Hi Saurabh,
    THis is Krishna.. I completed my MCA in 2014 And I’m having 1.2 Years of relevant experience. Can you Please let me know whether I’m eligible for H1b this Year? OR when I will be eligible ??

    Reply
    • Krishna,

      To be eligible you need to have equivalent of at least 4 years Bachelors degree. I assume you did 3 years Bachelors and 2 years Masters. However, those 5 years may not translate to 5 years of US education. An education evaluation agency will have to do evaluation of your degrees etc to know the equivalent. Once you have that, you can be sure that you are qualified.

      Let’s say it comes out as 3 years, then you need to have at least 3 years of relevant work experience to make-up for that missing 1 year of education (3 years for each missing year of education).

      Makes sense?

      Reply
  4. Hi,

    I have been working in IVF for 2 years. Unfortunately, My application wasn’t approved last year and I’m going to apply again this year. Since I’ve gotten my degrees from foreign, should I send my certificates to some companies for verification?
    Thank you.

    Alex

    Reply
    • Alex,

      You or your employer should get education evaluation done. You can search online for agencies that specialize in this, or check w/ your employer/attorney.

      Reply
  5. One of consultancy applied H1B for me last year and My Application got selected in lottery last year only. but due to some personal issue i was not able to go for visa process. My Petition is still valid and Consultancy still wants me to go for further Visa process and want me to travel to US.
    I am confused here, should I go with that Consultancy?

    Reply
  6. Hi Saurabh,

    Last year(H1B 2016) around 2.3 Lac peoples are applied for H1B,Any guess In this how many peoples are going to be applied H1B 2017.

    Thank’s,
    Hanu

    Reply
    • hanu,

      My best guess is that the number may still be higher.

      Lot of big IT companies may file less petitions due to additional fees. Their fees is increasing by 4000 for each petition. If they keep same budget allocation, then their filings would go down to 1/3rd. If they allocate more budget (especially if they expect more demand from client), then they would keep constant filing number.

      Lot of small companies will see this an opportunity to file more petitions. Also, more employees may go through multiple filing route as I a see additional questions from folks around it.

      That’s why my best guess is the number may still go up. Still its a guess and I could very well be wrong.

      Reply
  7. Hello,

    I have 1 and half years of gap in IT experience now as I didn’t go through the H1B lottery last year.But many of the consultancies are finding it as a big gap and hesitating to apply for H1B when I am trying to apply for this year.Its not our mistake rite? what will do to this?

    Reply
    • Swati,

      It is typical of desi consulting companies to look at the gap in bad way. However, if asked about the gap you can say that although you weren’t working but were improving your skills. If you took any trainings, joined courses etc then mention those.

      Reply
  8. Hi saurabh sir.

    My h1b got denied last year 2016 from one of the consultency. Is it OK to apply again for this year with same consultency.

    Reply
  9. does anybody please let me know the back ground verification for h1b in each and every stage from filing petition for LCA stage to till Visa stamping. how exactly bg check works

    Reply
  10. Hi,

    I have 12 years of IT experience and willing to work abroad. In my 10th certicate, there is spelling mistake in the firstName. Would it cause problem in Visa processing?

    Vijay

    Reply
  11. HI Kumar Sir,

    I need help from you regarding H1B Filing.There was a company which was establish on 2013 and operations started on 2015 with 2 H1B employees right now.Is it good to apply H1B from that company and what are all the possibilities to get stamping in consulate (as they can give only 1 year tax docs etc and client letter they have )?

    Reply
  12. i have 7 years of experience in IT 5 years with present company previous experience with small company i dont know weather that company is existing or not i tried to contact the company but i could not reach them. will it be a problem in background verification. does anybody have idea how exactly back ground check works. please help me out

    Reply
    • chandu,

      It may not be an issue. If they do background check on past experience, and are unable to trace the company, they will issue RFE and you can mention more details like closed, defunct or reference of old colleague etc. Lot of small companies shut down over years, so it is not uncommon for USCIS.

      Reply
  13. Hi Kumar,

    This is 4th time , my current employer is going to file H1B petition for me. For last 3 times my application was not picked up by the lottery system. Is there any check in lottery system for checking the history of filing. (I guess it should be). Please let me know , the reason for not picking up in lottery is because of same employer filing many times? I got confused. 🙁

    –VJ

    Reply
    • VJ,

      The fact that you have applied w/ same employer in the past doesn’t improve or hamper your H-1B lottery chances. It is still random.

      Reply
  14. Hi ,
    I completed my Bachelors in computer engineering in 2008, since then working in IT filed. I have 7 years of working experience. Is my years of Experience is enough to be eligible for H1B ? Currently i am working in middle east.

    Reply
    • Rushi,

      If you have done 4 years Bachelors, then you are qualified for H-1B (in general). You still need to qualify for the offered H-1B position based on your education and work experience.

      Reply
  15. Hi,
    I have a question. Is it true that with a US masters degree, you get only two attempts in masters quota in the lottery and after those attempts and if you are not selected, you have to apply in general H1B quota?

    Reply
  16. Hi,

    Is there any US official web link to find out the history of consultancies / companies who process for H1B, like the success rate of visa approvals and clients related information.

    Thanks in Advance

    Reply
  17. Hi Saurabh,

    I have query regarding H1B petetion filing. My Employer asks me to fill the form I129 .

    I Have 3 years Bachelor Degree, Which one i should select on below available choices ?

    Beneficiary’s Highest Level of Education (select only one box)*
    a. NO DIPLOMA
    b. HIGH SCHOOL GRADUATE DIPLOMA or the equivalent (for example:GED)
    c. Some college credit, but less than 1 year
    d. One or more years of college, no degree
    e. Associate’s degree (for example: AA, AS)
    f. Bachelor’s degree (for example: BA, AB, BS)
    g. Master’s degree (for example: MA, MS, MEng, MEd, MSW, MBA)
    h. Professional degree (for example: MD, DDS, DVM, LLB, JD)
    i. Doctorate degree (for example: PhD, EdD)

    Reply
    • Dinesh,

      It would (f) “Bachelor’s degree (for example: BA, AB, BS)”. I assume you will be submitting the degree copy to your employer and they would get the education evaluation done.

      Reply
  18. Hi Saurabh,

    I have query regarding multiple H1B petetion filing. Three companies offered me Job in US and said they will file H1B. They are located in Houston, Wixom and Novi. Please let me know can I ask three companies to file petition without knowing each other? Will there be any problem?

    Reply
    • Manish,

      They all can file petitions for you. Usually they won’t know about other petitions unless someone tells them explicitly about it. Once approved, you can pick one employer and reject the other two. This may be the toughest part to say NO to companies that invested filing fees for you.

      Reply
  19. I am on H4 and looking and for a sponsor for my H1B. On most blogs I read that it’s best for companies like Infosys , CTS, HP etc to file your visa. Do these companies even consider ppl on H4? Anybody here had expr of being on H4 and having any MNC sponsor your H1B visa? How did it work out? The only comps who agree are some small time consultants who have really negative reviews which scare you away..
    Pls share your expr.

    Reply
  20. i passed MCA in 2005 i have gap of 5yrs after education and 5yrs exp in IT no gap in experience , i want to apply for this year H1B . my questions are
    1 what should i tell about this gap
    2 should i mention this gap even in attorney education evaluation or just need to mention my experience
    3 does any sponser accept my profile for H1B

    please guide me

    Reply
  21. Hi everyone! I have 3 years of bsc and 14 years of work experience as .net developer. Can anyone suggest me some sponsors to cleyton.job(at)gmail dot com?

    Reply
  22. Hi. I have done 12+3yrs of Bsc+2years of MBA+4years of work experience. I am planning to file H1B for the year 2017. But I have 1 year gap between schooling and UG degree and also 1 year gap between UG and PG. Will this be a problem.

    Reply
    • Dinesh,

      The gap in education will not cause an issue. However, you should get education evaluation done to be sure that you qualify for H-1. At the face of it, you do look but the evaluation will confirm the same.

      Reply
  23. hi i am Nagesh i am working in top MNC in INDIA on SAP technology.
    i have 3 years of experience on hand in SAP but my qualification was BSC (Computers science). is am i eligible for H1B ? If yes please suggest me the H1B consultancies

    Reply
    • nagesh,

      You should get education evaluation done. You are at least 1 year short education wise and hence need at least 3 years of relevant work experience.

      In other words, you are just on the edge. It would be better to get education evaluation done and receive detailed experience letter(s). Your employer’s attorney can look at detailed profile and provide a more concrete assessment.

      Reply
  24. Hi Saurabh,

    My 2015 H1b petition got denied recently,the denial reason is based on the existence of specialty occupation from the employer side.Can i apply h1b for the year 2017, will the previous history affects me in any way?

    Reply
  25. b.tech(computers) passed in 2005 have gap 5 years and working as analyst in non technical(ITES/BPO) industry since dec 2010 and i got trained on hadoop big data. can i apply for this year h1b please help me

    Reply
    • Santosh,

      You have done 4 years of college education, so you look qualified. If you are able to find a specialized job matching your skillset, then the employer can file H-1 for you. The break in studies and work will not impact your H-1 petition, but you may be asked how you qualify based upon just non-technical work experience.

      Once you have found an employer, their attorney can review your experience in detail to confirm.

      Reply
  26. i applied h1b last year but not picked up in lottery i have experience gap of 2 years and put fake experience now i dont want to put that credential evaluation certificate i want to apply with genuine evaluation certifacte this year. now my doubt is will it make any impact on my case. does uscis have my previous details please guide me

    Reply
    • chandrika,

      You should be fine as that petition was not picked. So USCIS returned the entire package and wouldn’t have bothered to keep a copy for themselves. It’s good that you are using only real experience going forward.

      Reply
  27. Hi Saurabh,

    When i was browsing for the H1B filed status of a company ‘X’, it gives me a report, with some statuses, can you make me in understanding what each status means.

    Certified , Certified Withdrawn, Withdrawn and Denied.

    Reply
    • Jagadish,
      They refer to LCA, which is the 1st step of H-1B process. It is much more trivial as compared to actual H-1B processing (I-129).

      Certified: DOL approved the LCA
      Certified Withdrawn: DOL approved the LCA but employer withdrew it
      Withdrawn: Employer withdrew the LCA before processing was completed
      Denied: DOL denied the LCA

      Reply
      • Saurabh,

        Does LCA in the above comments means a h1 petition to LCA?

        Certified : Means the h1 petition is approved by USCIS?

        Certified Withdrawn: H1 petition approved, but employer withdrew it?

        Denied?

        Can you describe me, with respect to the h1 application status/stage?

        Reply
        • Jagadish,

          H-1 petition is 2 part process

          1. Employer files LCA w/ DOL for a particular job code and location and salary. DOL then certifies/denies it
          2. Employer then files I-129 w/ USCIS using the LCA certified above. This is where majority of RFEs are issued or eventually petition is denied

          Having certified LCA is not a good indicator of the employer. Its (2) which tells how strong employer is when it comes to H-1 petition processing. Unfortunately, that information is not easily available.

          Reply
  28. I am planning to apply H1B this year through 2 companies . I would like to know is there any problem of applying multiple .If both are picked in lottery any issue ?
    . I heard some people was talking, this year USCIS is monitoring duplicate filings . Any official updates like that. Please let me know

    Reply
    • Sam,

      Yes you can do that. USCIS hasn’t made any official statement to prohibit or ban it. If someone’s friend’s uncle’s neighbor has given that monitoring information, then it should be truthful 🙂

      Reply
    • Yes there is just one problem, and that my friend is for people like me. Who apply through just one genuine employer and do not get picked in the lottery because of people like you. I sincerely hope that, if you are one of those fake jugaad applicant , both of your petitions get accepted in the lottery and then rejected by USCIS after taking all your money, though it’s just a hope.

      Reply
    • Hi Sam, how do you say NO to any one employer if both of your applications get picked up ? How can you live with the weight of betraying the company who did all the paper work for filing your H1-B?

      Reply
    • Good luck with your filing.

      Also, considering the rest, please share the details of the names of the consultancies. I frankly do not understand why no one is doing this. Just because one shares the names of the consultancies filing h1b, their h1b is not gonna get in any trouble!

      Please do not think that I am being harsh. I am just writing in the welfare of the rest. Once again, good luck with everything.

      Thanks
      -S

      Reply
  29. Hi, I am planning to apply for H1B for FY2017 and i am a Swedish citizen, just curious to know If there will be any priority during the lottery or its same for every one, also ist ok to apply two petitions for two different employers ? What If both petitions got selected, will there be any problem ?
    Kind Regards,
    Sudhakar

    Reply
  30. Hi, If my application is picked up in the lottery and USCIS have approved my petition, then my question is.
    1. Can i wait for 3-4 months, to get stamped, will there be any problem.
    2. After stamping, can i wait for 3-4 months, not to travel to USA, will there be any problems?

    Reply
    • Jagadish,

      1. Yes, you can delay the stamping. You can go for stamping anytime during the petition validity period.
      2. Yes, you can delay the travel. You can enter US anytime during the petition validity period.

      Whenever there is a delay (stamping or travel), make sure you have recently dated documents like client/project letter, employment offer letter etc.

      Reply
      • Thanks Saurabh.

        One more question is, when a petition is approved for one particular client/project, because of personal issues, i couldn’t make to USA, for example for 1 year and client/project no more require me. Can i approach and search for another client/project and get a stamping with the new client/project? Is this valid?

        Reply
        • Jagadish,

          This can be done. However, prior to that the employer needs to file new LCA and H-1 amendment for the new client location. No new paperwork is required if the new client falls in same MSA (metropolitan statistical area) as original one.

          Reply
          • Will that be a hassle free for the employer, to file new LCA and H-1 (assuming the client is in different state) and any fees should be paid (minimal or a bit expensive)?

          • Jagadish,

            Yes, it is not a big deal. Paperwork wise it is same as initial filing but few less documents required (for ex no education certificates reqd). Fees is also minimal unless PP option is applied. Processing time was close to 6 months this year.

  31. I would like to Apply H1B for this year… Please do send fees and payment details .. my email is below.

    Question: If I apply under premium my application will go for picked up in lottery twice or only applying under premium will be picked by only in premium category and later when NOT in General H1 Lottery?

    By applying premium what benefits will I get expect the timelines.

    Reply
    • Planning to apply H1B -,

      Applying in premium processing (PP) doesn’t improve your chances of selection. You get two shots at lottery if you file under advanced degree (i.e. done Masters in US) – one in advanced degree lottery, then in general lottery.

      Reply
  32. HI

    Does the communication from USCIS happen to employer(work) address or my mailing address?
    Case number has been created for me and recently my mailing address has been changed.
    Please advice what is the next step i need to take. Do I need to update my new mailing address any where?

    Reply
    • Kiran,

      USCIS sends all communication to employer or attorney’s address mentioned on file. No communication is sent to you.

      On a separate note, if your address has changed, do not forget to complete AR-11 form w/ USCIS.

      Reply
  33. Hi Admin,

    Thanks for such a Helpful forum.

    I have 10 + 3 (Diploma) + 3 (B.E – Engineering in Mechanical) Years of Education & having working experience of 5.5 Years in IT Industry.

    — Am I eligible for applying H1B Visa this year.

    — Will my Education in Mechanical Engineering & Working in IT Industry will have any impact on Visa processing.

    Thanks,

    Reply
    • GGG,

      You need to have 16 years of education including 4 years of equivalent of US Bachelors, in order to qualify for H-1B.

      You may be eligible but an attorney or employer can provide a more concrete response after looking at the schools and courses. They would probably ask you to get education evaluation done so that they know what’s the US equivalent of your education.

      Let’s assume it comes out as 14 years, then you need 6 years of related work experience to make-up for the missing 2 years (3 years work exp for each missing year).

      Reply
      • Thanks for the information, But I have 16 Years of Education in total if Diploma is considered will that be still a problem since my Bachelors is 3 Years.

        Thank u,

        Reply
        • GGG,

          16 years of education is typically considered as 10+2+4. Yours is 10+3+3.

          It may be sufficient, or it may be not. It also depends what school/colleges you graduated from as not all courses and curriculum is same. That is why I suggested getting education evaluation done to know for sure.

          Reply
  34. Hi guys,

    This will be my 4th time applying for h1b. The company had to send me to work in the UK since my OPT stem expired. They want to file h1b for me again this year.

    Do I need to come to the US on 1st of October if I win the h1b? I want to finish project here first before coming back probably around March 2017. Does anyone know answer to this?

    Reply
    • Do I need to come to US if I win h1b?,

      You can enter US anytime during petition validity period. Lets say your petition is approved for Oct’16 – Sep’19. Then you can enter anytime during that period. Just ensure you have recently dated documents if you delay your entry, especially client letter (if applicable) and employment offer letter.

      Reply
  35. Hi Saurabh,

    I’m an IT professional with 15+yrs exp. However, I did worked with mid sized companies and not that I would like to work in US. What could be my best choice to get in? Any Guidance is appreciated.

    BTW, I’m a B.Sc., guys completed in year 1998.

    Thanks,
    GK

    Reply
    • GK,

      Even though you have 3 years of college degree and not 4 years, you have enough years of work experience to make-up for that. Still prospective employer would need to do education evaluation and get detailed experience letters to show that you qualify.

      Reply
  36. Hi,

    I have 6+ years of experience in IT and due to some personal problems I have gaps around 1.6 yrs in between my carrier. Will it be a problem if I process for H1B. Please clarify.

    Reply
  37. Hi Admin,

    Only engineering graduates are eligible to file H1B or Arts & Science stream (3years) graduates can also apply ?

    I have 3+ years of experience in IT industry & planning to apply for H1B this FY, BTW i am BSC CS (3 years)

    Reply
    • Dinesh,

      Qualification criteria for H-1:
      – At least 4 years of college degree equivalent to US Bachelors
      – If not, then at least 3 years of relevant work experience for each missing year of education

      You should get education evaluation done for your case. You would then know what’s the US equivalent of your education and how many years of gap you have. You would then need 3 years of relevant work experience for each year of gap. Detailed experience letters would also be needed.

      Reply
  38. Overall the move bu US to hike the fees seems to be a positive move. It is going to weed out those people who apply from multiple consultancies

    It is My Guess that This year we may not see a mad rush for H1-B.
    The biggest reason is the increase of fees. I personally know a number of people who last year had applied from 2-3 companies. I also read about a lot of people who had applied from multiple consultancies. That surely is going to reduce. Not many people will risk an additional $4000(close to 3L) for a visa. Also I have heard most desi consultancies are not filing any fresh H1B this year.

    The fee hike is going to have a big impact on the profit margins of these desi consultancies. Most of these already worked on a very thin margin, This hike is further going to eat into there profits. Also these companies will be less willing to take the risk of hiring a candidate as more money is no at stake.

    Plus the market seems to be slowing down a tad this year.
    On the contrary I don’t think it will make a major impact on the major firms like TCS/CTS/Infosys etc. This 4K fee hike is nor going to make a major impact on these companies.

    I think the H1B Petitions will be close to 100K this year and certainly not more than 150K.

    Reply
    • Don’t count on that. The fees are refunded if not selected in the lottery, so multi-petitioners do not risk much. The worst that can happen, more than one petition is selected and they pay for all the selected ones.

      Last year people also made all kinds of arguments why the number would not be high and they all turned out to be wrong.

      Reply
      • Does-it Matter and KS —

        I think Does-it Matter is right in his observation that the “new” H1B regulations are likely going to impact the multiple filings in some way. Mind you, the increased fee is not the only concern for so many of these consulting companies we’re talking about but the other and more serious effect of the newly enacted bill is the increased level of scrutiny that these companies will have to face for hiring more than 50% of foreign nationals. If you go deeper into the weeds of the laws, it says that these companies and their operations will be more closely scrutinized in terms of the job profiles, pay scale, etc.

        KS — Last year, this bill was not passed into a law. so you may want to check your facts.

        Reply
      • The point is desi consultancies commit frauds very often, so even if people want to pay those companies to file an application for them will be scared of losing that much money even in case their petition does not get picked up.

        Reply
    • There will be relatively less petitions this year. Can’t predict exactly.
      Above reasons seems convincing.

      Opposite Side it’s US: That makes people to take all risks.

      Reply
  39. Saurabh,
    I have done M. Pharmcy and having 3 years of experience in Pharmaceuticals labs..Am I eligible to Apply H1-B Visa plz…???

    Reply
    • Naga,
      I am not aware of this stream. Can you tell me how many years of college education you have (bachelors and masters)?

      Also, are you looking for H-1B in a job related to your work experience and education?

      Reply
  40. Hi Admin,
    I was completed my MCA(Master of Computer Applications) and am having 5 years of experience in IT Industry. Am I eligible to apply H1-B visa?? If yes, plz provide document checklist to prepare…

    Reply
    • An employer in US has to file a H1B petition. You have to find a sponsor for you.
      Try convincing your current employer or find another job who is willing to sponsor you.

      You cannot apply for H1B by yourself.

      Reply
  41. This year no company is sponsoring h4 to H1b visa due to fees hike. I have 7 yrs experience in IT field with major giants in India. Anyone is aware of any consultancy or IT Mnc which are applying h1b for h4 visa holder?

    Reply
    • H1B sponsoring has nothing to do with the Candidate being an H4 spouse or L1 Visa holder or an outsider. A company will not incur any more expense with respect to candidate’s current status.

      A potential Employer may incline towards sponsoring a Masters Degree holder since he stands a better chance than others.

      Reply
  42. Hi Admin,

    I have graduated as BE in Electronics and Communication Engineering(4 Years) and having 2 years experience in IT industry . My company is planning file H1B for me this year. Is my years of Experience is enough to be eligible for H1B when my Stream of Engineering is Electronics and Communication Engineering ?

    Reply
  43. Hi Admin,

    This is Regarding New USCIS Law For H1B CAP – 2017

    As per the new USCIS law for CAP – 2017 , USCIS will start rejecting the H1B application received after Feb 11,2016 which do not have required information.

    Earlier petetion used to submitted on 1st April but now this has been changes.

    Could you kindly confirm when our H1B application will be send to USCIS ? Kindly refer below link for your reference.

    http://www.uscis.gov/news/alerts/new-law-increases-h-1b-and-l-1-petition-fees

    Reply
    • CTS-H1B-2017,

      You are merging 2 different things. The new law went into effect from Dec 18, 2015 and impacts all petitions (cap-subject or cap-exempt) filed after that date.

      USCIS is giving some time to employers to adjust to the change. So until Feb 11, if an employer is subject to fees but doesn’t pay it, USCIS will issue RFE and ask the employer to pay it. After Feb 11, if a petition is filed w/ incorrect fees it will be rejected outright.

      Cap-subject filings will begin on April 1 as usual and will be rejected outright if they don’t pay this fees and are subject to it.

      Reply
  44. My petition was approved on 24 Nov,2015 and my H1B stamping is done on 7 Jan,2016. Will the below statement affect my Visa:-

    The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee of $4,000 for certain H-1B petitions and $4,500 for certain L-1A and L-1B petitions postmarked on or after December 18, 2015

    would my employer need to pay extra fees??

    Reply
    • Hi Saurabh
      I have completed B.Sc (Non Computers) in 2002. After thet i have completed MSc Physics in 2006. Means i have 2 years Gap in education. After that in 2010 started IT carrier. Till now i am working for MNC. So here i have 5.6Yrs of experience. Could please am i applicable for H1B.

      Note : Last Year My company filed H1B, but dey said my application is not picked in lottery.

      Please Guide me

      Thanks in Advance,
      Venkat Kumar

      Reply
      • Vinay Kumar,

        You look qualified. Break in education will not impact the H-1B outcome. However, you should get education evaluation done as you don’t have an exact 4 years Bachelors degree.

        Reply
        • HI Saurab…
          Thank you for very quick reply.
          My Doubt is i have 4 yrs of gap after my M.Sc and IT carrier.
          Becoz i have completed M.Sc in 2006 and in 2010 i have started IT carrier.

          Will this be show any impact on H1B..?

          And one more thing..as i have completed M.Sc .. is it not equalent to US 4 years Bachelors degree.

          Reply
          • Vinay Kumar,

            From H-1B perspective, gap b/w education and work experience, doesn’t qualify you. However, prospective employers may treat it differently.

            It’s not a 1:1 match when calculating 4 years Bachelors. USCIS wants to know the US equivalent of your education. You have done 5 years of education, but it may come out as 3 years of US equivalent. This may happen b/c the school, course, curriculum etc may not be at par w/ US standards. That is why I suggested to get education evaluation done to know the US equivalent.

  45. indu407,

    This looks inline w/ the latest article that Kumar has published. Any petition filed after Dec 18 will be subject to this fees (provided the employer satisfy the criteria) and this includes FY-17 filings as well.

    Reply
    • Pinky,
      If your Bachelors was for 4 years, then you are eligible for H-1. You still need to find an employer willing to offer you a job that matches your education, experience and skillset. In addition, if you are working in IT, then question **may be** raised that you don’t have relevant education. So your potential employer would have to get detailed experience letters to show how you qualify for the offered IT position.

      Reply

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