H Visa

H-2A 2011 Adverse Effect Wage Rates (AEWRs)

The Department has published a notice in the Federal Register on March 1, 2011 that announces the 2011 Adverse Effect Wage Rates, Allowable Charges for Agricultural Workers' Meals, and Maximum Travel Subsistence Reimbursement for use in the H-2A program. This notice provides (1) the 2011 AEWRs for employers seeking H-2A workers; (2) the allowable maximum amount for 2011 that employers may charge their H-2A workers for providing them with three meals a day; and (3) the maximum travel subsistence reimbursement which a worker with receipts may claim in 2011.

Agency: 
Nonimmigrant Visas: 

USCIS Reaches FY 2011 H-1B Cap

Jan. 27, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.  USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

Agency: 
Nonimmigrant Visas: 

H-4 Visa Stay in US

My husband is on H4 with an I94 valid till June 17, 2011 and I am a H1B visa holder with a valid petition document. I am planning to go for a vacation. Will it be a problem if I leave my husband (dependent) in US and go for a vacation and come back in 3 to 4 weeks?

A few weeks absence should create no problems for your dependents.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1B Stamping

I got my H1B approval on 31 Dec 2010, thus my visa status changed from F1 to H1B (I am currently going to grad school and graduating in April 2011). My company wants me to get my visa stamped. I have heard various stories about problems faced in Canada for first time stamping. Is this really an issue? Is there any law which prevents us to get first time stamping done in stamping done in Canada?

H-1B stamping has been made difficult by consulates. There is nothing stopping you from applying in Canada, but your lawyers need to help you decide what is best.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Wage Methodology for the Temporary Non-agricultural Employment H–2B

The Department has published in the Federal Register a Final Rule on the Wage Methodology for Temporary Non-agricultural Employment in the H-2B Program. The Final Rule revises the methodology by which the Department calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with a temporary labor certification. The Final Rule is effective for wages paid for all work performed on or after January 1, 2012. 

Agency: 
Nonimmigrant Visas: 

New Countries Eligible to Participate in H-2A and H-2B Programs

U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

Agency: 
Nonimmigrant Visas: 

H-4 rejected under 214(b)

My wife's H-4 got rejected under section 214(b) recently and interview went for less than minute. Should I apply again ?

In my view, H-4 cannot be denied under Section 214(b). This is an error. Apply again.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1 Extension

I have filed for an Extension in the month of August'2010 as my Visa expires on Sep1'2010. I have not received anything yet. The Status is still in initial review. I have plans to go to India on Jan28. Should I convert to Premium now or shall I wait. My Case is with California?

Personally, I have seen no correlation between premium processing and increased RFE's.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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