H1B Visa 2016

USCIS starts accepting applications for H-1B Visa 2015 from this April. Here are some FAQ’s which explains the H-1B process and other questions you might have.

H1B Visa 2016 Basics:

When can I file H-1B Visa 2016?

The H-1B quota opens every year on the 1st Of April. The USCIS accepts applications for H-1B, until the quota gets over.

Am I eligible to file H-1B?

To be eligible to file H-1B, your job needs to meet one of the below criteria to qualify as a specialty occupation:

  • You may need to hold at least a bachelor’s degree or a higher degree from an accredited university.
  • The Job profile for your position at your company needs to require a degree or its equivalent for that position.
  • The employer would have to require a degree or its equivalent for that position. If you do not have the necessary degree, but have enough experience equivalent to that position that counts too.

What’s Mandatory?

  • You need to be paid at least the minimum or the prevailing wage for your position, in that geographic location.

Can I self apply my H-1B?

It is necessary that your employer needs to file your H-1B. You may not self file your H-1B petition to the USCIS.

What are the H1B 2016 Cap Numbers?

The H-1B Visa has an annual limit called “cap” each fiscal year. The cap limits to 85,000 visas each year . Out of 85,000 visas,  20,000 visas are typically for master’s degree quota. And also , 6800 visas are set aside for Chilean and Singaporeans under H1B1 Category.

To summarize:

  • Regular H-1B Quota Cap: 58,200
  • Master’s Degree H-1B Quota Cap: 20,000
  • H1B1 Quora

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H1B Visa 2016 Application Process:

  • Employer Submits LCA to DOL for certification. The employer must apply for and receive DOL (Department of Labor) certification of an LCA (Labor Condition Application).
  • Employer Submits Completed Form I-129 to USCIS, along with the DOL-certified LCA.
  • USCIS verifies your H-1B petition and makes a decision.
  • You or your employer may be asked to provide additional documents or evidences to support your petition.

H-1B Application Process 2016

I am filing in 2015 and why do we say H-1B Visa 2016?

For the United States Citizenship and Immigration Services (USCIS), the fiscal year starts from October 1st of each year and ends September 30th.While you are filing your H-1B in 2015, you come under H-1B FY (Fiscal Year) 2016 Category.

Once my H-1B is approved, what’s the H-1B Start Date?

H-1B start date would typically be October 1st of the same year you have petitioned for H-1B and got approved. But if the H-1B quota doesn’t finish until October 1st and if you did apply your H-1B after October 1st, the date mentioned by your employer while filing your H-1B in the LCA (Labor Condition Application) would be counted as the start date to work on H-1B.

What would be the H-1B Period of Stay?

An H-1B non-immigrant may be admitted to stay and work in the United States for up to three years. Your time period may be extended if you apply for an H-1B Extension later.

What is H-1B Premium Processing?

If you would like to know if your H-1B petition is approved or not, you may typically need to wait at least for three months if you go through regular processing. But, H-1B Premium processing would let you know the result of your petition within 2 weeks. You need to pay an additional $1,225 to apply under Premium Processing. Please note that you may change your case from regular processing to premium processing any time while you wait for the result.

What happens once H-1B is approved?

Once your H-1B is approved, your employer will receive I-797 Approval Notice. This notice comprises of the start and end date of your H-1B Petition. You would get an original I-797A / I-797B from your employer and you need to save it, since it is necessary at the time you attend visa interview for your H-1B stamping.

 

H1B Visa 2016 Predictions:

The demand for H1B visa has been increasing in the recent years. Here is the Cap- Filled dates in the recent Years.

H1B Cap Filled Dates
Fiscal Year Regualar Cap Filed Date Advanced Degree  Cap Filled Date
FY 2015 First Week of April. Lottery Conducted First Week of April. Lottery Conducted
FY 2014 First Week of April. Lottery Conducted First Week of April. Lottery Conducted
FY 2013 June 11, 2012 June 07,2012
FY 2012 Nov 22, 2011 Oct 19,2011

There will be huge demand for H1B visas in 2016 for the following reasons

  • The job market has been improving since last 2 years. So, there will be huge demand for visas in 2016.
  • Since there was a lottery in the last 2 years, those who didn`t get selected will apply again in 2016.
  • Due to the Restrictions on B1 and L1 visas since past year, Companies will be interested to file a H-1B instead of B1 and L1 visas.

Prediction: We expect that the H1B visas will be filled in the 1st week of April , 2016 and there will be a lottery again.

Here are H1B visa 2016 Articles:

76 Comments on "H1B Visa 2016"

  1. My H1-B US Non-Immigrant Work Permit Visa & H1-B Petition was filed in 2005 by my US employer Jean Martin Inc.

    I got my I-797 Approval Notice & Visa Approval from USCIS & my H1-B visa was stamped on my Passport in 2007.

    Subsequently I travelled to the United States in FY 2007 – FY 2010 during which time I transferred my existing H1-B to my New Employer in Houston TX. But subsequently due to personal & family reasons I had to return back to India before my H1-B visa expired in 2010.

    Now I would like to know whether I would be eligible to travel back to United States on a Re-newed H1-B visa or would I be require to file a fresh Visa Petition with USCIS.

    Please respond to my queries at  [email protected]

     

     

     

  2. I held a valid H1-B Visa in 2005 from Jean Martin Inc , New Jersey when my H1-B Petition was approved by USCIS. I moved to US, Houston TX in 2007 after which I got my H1-B Visa transferred to another employer Objectwin Inc. , Houston TX.

    But I returned back to India in 2010 & since then I have been living in India for past 6 years.

    Am I eligible to go back to US on H1-B Visa in 2016.

  3. Its mba please reply me 

  4. I have completed my man I'm 2012 now iam working on private co im I eligible for dis

  5. Hi,

    Mine is same. All my friend’s case statuses were updated while some were approved back in august’15 and some were RFE.not sure mine has not updated yet. Hmmmm..

  6. My H1b visa case was filled for 2016, it was picked in the lottery but not in approved till now. Please let me know when 2016 H1b processing will be complete as it is already November.

  7. Can any one tell me master’s from NPU comes under 20k master capping criteria its a private and non profit organization… I am confused.U can refer website of it and let me know..

  8. Hi All,

    Please tell me can B1/B2 visa holder search and attend interview process in USA and get H1 or has to come back India and search for H1 sponser.
    Please help me….

  9. Tejaswi Sama | May 5, 2015 at 5:18 am | Reply

    does any regular processing members received the receipts? please reply

  10. I got H1 receipt no. which starts from WAC and at the same time my university informed me about SEVIS update on my record and that tracking no. starts from EAC…and when I go to USCIS case status, both says that application got selected on April 13, and is under processing stage. So what to do, why I have two different receipt numbers?

  11. Venki Testing | April 17, 2015 at 2:57 am | Reply

    Any one started receiving lottery notifications?
    Any idea by which time the companies who sponer their employees come to know the lottery details? When i contacted my company Immigration dept they are saying they will let us know my end of may or june 1st week. Is there any other way we can know about out lottery status in prior? ols help

    • Yes I got the i797c which has receipt number, one of my college also got same one and they witdrow the fee checks
      Wish luck all of you

  12. Hi Thanks for all the help…..i have few questions:
    – I have 3 pay stubs generated and I am working in Nebraska and out of which 2 are generated in nebraska and 1 texas(my employer’s state), will this arise any RFE
    – I am an MBA graduate and my client letter and resume says my position as Data Analyst, where as my offer letter from my employer says my title as database analyst, will this be a problem for my approval….

    Your help is much appreciated…

  13. Any one started receiving lottery notifications? Please share info.

  14. Any prediction for H1B count this year? By considering job market increased in USA and H4’s can work from May 1st week, My prediction for the count is : 150 – 160 K .. Any thoughts guys ??

  15. abhishek hisaria | April 4, 2015 at 9:45 am | Reply

    Can anyone tell me when will be the lottery declare for H1b 2015-16?

  16. Hi,
    I have a friend who is a Nigerian accountant who came on tourist visa ( visa granted until 2016) to do a CFE certification. He mistakenly overstayed his 6 months I-94 date and his overstay is now about 3 months. If he return home less than 180 days overstay he may still be able to return but there is a good chance he may be denied reentry. Do you know if he can apply and switch his visa to H1b while still here?

  17. Can a Masters Degree from INDIA will be considered for H1B Masters 20,000 category… ?

    • A masters degree from within the United States from a accredited university only, that provides minimum of 12 months OPT. Any tom dick & harry masters degree from outside the United States would not serve the requirements unfortunately.

  18. sandip jadhav | March 31, 2015 at 1:58 am | Reply

    I think asL1 is easier than previous years hence this year h1b filing would b lesser.

    • The L1 visa leniency only goes into effect in August 2015. So the no. of H1Bs would still be above 200k.

  19. Hi All,
    Is there any way to confirm or proof that Employer filed the H-1B petition and he is not fooling Employee.

  20. what is the last date to file your H1B petition for 2016?

  21. What is last date of filing h1b for fiscal year 2016.can my company apply in mid of April?

  22. Hi,

    I am having a valid H1B..but recently my client and work location has changed. Earlier LCA used to take some where around 2-3 weeks but now I get to know I my manager have to file a fresh amendment which will take some where around 3-4 month.

    Please let me know if its true. If yes what are the other options that I have.

    I have to fly immediately.

  23. When could be the lottery date for h1b 2016.?

  24. Will a Private University with NCA accreditation is accepted for Master’s Degree H-1B Quota Cap under USCIS rules ?

  25. Need help ASAP! I did my masters and i am applying multiple h1b petitions from 2 different employers with 2 different end clients. Is it legal to apply with above scenario. What are my odds of getting rejected if both h1s are picked in lottery, as i heard that USCIS deports the candidates who had the above scenario. Pls help in detail.

    • Sathish, your scenario is valid and you won’t end up in deportation if both the applications are selected and approved in lottery. You can choose one among them and it’s legal. Hope this helps.

  26. Multpile H1B applications from different employers are being revoked.For one application i received NOIR saying why did i choose other company and also compare two companies that applied my H1B

    • Rahul, can you give more details about yourscenario. It may help others to understand the process and rism involved

  27. Hi there, I applied for H1B last year it got denied and now i am under appeal. No response yet. If I apply for H1B again this year will I have to go through the lottery?

    • Yeah you would have to go through the lottery if you are re-applying. I am not sure what happens to your appeal though…

  28. I got H1B but it’s not stamped and I never been to US as
    well. Is it possible to change my employer who filed the H1B??

    • It is possible for you to change your employer but then you need to have a fresh i797 issued from the company you have switched your job too without which the process ahead would not begin.

  29. I’m done my graduation from distance university (10+2+3). Do i eligible for H1B visa?

    • I Hope this answers your question

      To be eligible to file H-1B, your job needs to meet one of the below criteria to qualify as a specialty occupation:

      You may need to hold at least a bachelor’s degree or a higher degree from an accredited university.

      The Job profile for your position at your company needs to require a degree or its equivalent for that position.

      The employer would have to require a degree or its equivalent for
      that position. If you do not have the necessary degree, but have enough
      experience equivalent to that position that counts too.

      What’s Mandatory?

      You need to be paid at least the minimum or the prevailing wage for your position, in that geographic location.

  30. My Education is 10+3 (graduation in a distance mode), has experience around 8 years? Am I eleigible to apply H1B?

    • same question from end as well. Did anyone gave update to you?

    • Keerti you should check with the firm who wishes to sponsor your H1-B with, or vice-versa. generally 90% of the firms do ask for a valid Bachelors degree that too from an accredited university. Your work-ex might just pave your way towards the H1-B.

  31. what will be the solution if the employer not applied for status change? i.e a person on h4 vasa and applied h1b and approved without status change.

    • I am no H1 expert. But as per my understanding, You will need to go back to india, get your visa stamped and then re-enter USA. Or you can ask your employer to file an amended petition with COS.
      Please talk to an immigration attorney.

  32. What if graduation & post graduation is done in distance mode?

    • Masters or higher degree needs to be earned from the United States only to be eligible for applying in the 20,000 category of Masters Quota…

    • Distance education Masters is fine, but it should be from public university or non-profit private research university. And definitely a US university.

  33. I did B.Tech regular and MBA in distance mode. Can I apply H1B with Master’s degree?

  34. Can two employers apply h1b for a single candidate? Would that affect the process?

    • i doubt.. there is chance of getting cancelled

    • Yes, it is allowed.
      Same employer submitting multiple applications for one candidate is something that’s not allowed.

      • Keeping multiple applications for H1b, to get wining chances in lottery is utilizing the loop hole of USCIS rules and regulations. A remedial measures are taking this time to take care of this particular situations..

    • Once the Cap has reached USCIS would filter out all the duplicate applications, hence the delay in the approval sometimes…..

  35. i think this year application number would cross 200k mark

  36. can we say approximately how many files will be received in April 2016 ?? just a guess ? do you think it will be more than 176K or some where aeound 140K ?? I think it should be around 150K..

    • Advanced Degree applicants will be around 40-45k

    • The CAP would definitely be reaching around 200k this time with Advanced Degree applicants being around 75k or so. There are so many people who have missed the lottery in the last couple of years and demand for H1-b has risen over last 4-5 years rapidly.

      • 75 k with advanced degree. Sounds like a joke 🙂 Can’t be more that 25-28k. Last year success rate for people with masters degree was higher than 90%. Colleges in US have not trippled last year.

        • No man. That could be true. Last year my consultancy applied for 46 AD quota H1bs. Only 27 of us got it. I was lucky. A lot of them who didnt get it are trying again a final time this year, gone to Canada for Masters or pursuing Phd. A friend of mine is another consultancy and only 2 people got theirs out 7 applied. Its gotten intense specially after the job market getting so good. I wont be surprised if it goes above 200k this year.

          • Hi Rakesh, Can you please refer a good consultancy who can sponsor H1b. Thanks in advacne.

          • Can we apply two petition from different employers?

          • Keeping multiple applications for H1b, to get wining chances in lottery is utilizing the loop hole of USCIS rules and regulations. A remedial measures are taking this time to take care of this particular situations.

          • Hey Raysoas,
            Can you please let me know what are the remedial measures this year. Three employers have expressed interest to file H1B for me. I though to go with all the three. But now I am confused on which one to go with. And also confused on single or multiple.

          • Immi consultancies often keep candidates in the dark about exact application guidelines – Merely having a masters degree from US does NOT fulfill AD requirement.

            The Masters or Phd has to be from a University that is –

            a Nationally Accredited
            b.Public/non-profit university

            Source – http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/ac21_050206.pdf

            (2) Qualifying Institution
            In addition to meeting the above standard, the claimed masters degree must be issued
            from a U.S. institution of higher education as defined in section 101(a) of the Higher
            Education Act of 1965. That section provides as follows:
            For purposes of this chapter, other than subchapter IV and part C of subchapter I
            of chapter 34 of Title 42, the term “institution of higher education” means an
            educational institution in any State that–
            (1) admits as regular students only persons having a certificate of graduation
            from a school providing secondary education, or the recognized equivalent of
            such a certificate;
            (2) is legally authorized within such State to provide a program of education
            beyond secondary education;
            (3) provides an educational program for which the institution awards a bachelor’s
            degree or provides not less than a 2-year program that is acceptable for full
            credit toward such a degree;
            (4) is a public or other nonprofit institution; and
            (5) is accredited by a nationally recognized accrediting agency or association, or
            if not so accredited, is an institution that has been granted pre-accreditation
            status by such an agency or association that has been recognized by the
            Secretary for the granting of pre-accreditation status, and the Secretary has
            determined that there is satisfactory assurance that the institution will meet the
            accreditation standards of such an agency or association within a reasonable
            time.

            In order to obtain the H-1B cap exemption for a U.S. Masters’ degree or higher, both
            (qualifying “masters” degree) and (qualifying U.S. institution) must be met.

    • Total number will be around 135k

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