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  • gcisadawg
    02-03 02:09 PM
    Hi

    I hold a H1b Visa but did not work after coming to US.
    Can anybody guide me regarding my current status.
    My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
    can anybody help me with this??

    thankyou

    RUN buddy RUN! This forum is for LEGAL immigrants trying to get their employment based green cards. There are people from EB3 with PD from 2001 ( yeah, TWO THOUSAND AND ONE) who are maintaining their EB status diligently by having a steady job and waiting and waiting and waiting for their GC to come.

    Now, you coolly come and say what you have just said and have the gall to ask for advice.

    The same applies to other poster 'nehas' also who had a similar question.

    Thanks,
    GCisaDawg





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  • gc28262
    12-28 12:43 PM
    Of course Grassley Bill will give more restrictions. But it needs to be analysed whether it is right or wrong. The question is if you want to bring foreigners even if skilled persons are available for that job in USA. If answer is yes then the labor test and layoff provision is wrong. But if you really want to bring foreigners only if skilled persons are not available then the provision does not have any impact on the H1b program. And another provision 50% H1b rule will have only impact on bodyshoppers and Indian consulting companies. But not the H1b aspirants and in longterm that will encourage permanent job hiring in reputed companies.

    And if you oppose CIR just for H1b conditions you are going to lose many benefits. Just one provision exclude dependents from EB cap will double or triple GC numbers. And many other provisions will make most or all categories current. I think this time Compete america will not oppose the CIR blindly just because of one provision as they realize what happened on 2007. Smart thing will be negotiate and get a compromise than getting nothing. This is going to be comprehensive bill and everyone will get benefit including anti immigrants. Otherwise nothing.

    snram4,
    You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.

    No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.

    If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.





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  • mambarg
    07-20 09:56 AM
    I got the answer.
    INS review have steps to lookup info in CLAIMS software to see if there is approved petition.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff4ed0676988d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=c54f0ccc1793f010VgnVCM1000000ecd190a RCRD

    SO I am sure they will verify the info in enotice before rejecting.





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  • GreeNever
    07-07 12:56 PM
    Not to throw in too many variants, but how about when on EAD? Does an EAD alter the situation?



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  • Life2Live
    06-06 11:32 AM
    Bump





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  • sledge_hammer
    06-29 11:37 AM
    ^^^^



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  • sanjay
    04-04 11:37 AM
    For my son PIO ( applied in Chicago ) took 17 days to be delivered at my home address. I went to Indian Consulate in Chicago and asked them which way should I go. Visa or PIO and they told me to go for PIO as it is for 10 years and also had very less paper work involved.

    If you can wait for another 20 days then go for PIO. Also, I don't know if PIO had any expedite services. Now a days, all processing are premium and ordinary.





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  • jsb
    10-30 02:33 PM
    I was in the same situation until a few days ago. Those who are still waiting for this unreasonable period of time, may want to signup for Ombudsman's conference call on:

    “USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT

    by emailing your questions in advance, to: cisombudsman.publicaffairs@dhs.gov

    I attended last call, which was very helpful.



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  • senk1s
    09-30 07:58 PM
    I think an approved i140 is recommended - but not required.
    AC21 is basically to allow changing employers when 485 is pending

    Someone correct me if i'm mistaken





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  • GCJinx
    03-21 10:35 AM
    I'm on H4. I have got an offer from a company and they will do my H1

    I have few questions

    1)How easy it is to transfer H1's to another company? What documents I need?

    2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
    what documents do I need?Do I need to go out of US for this?

    3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?



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  • lazycis
    02-28 08:31 AM
    You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
    1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
    2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.

    Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.





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  • jaane_bhi_do_yaaro
    08-25 08:22 PM
    Good luck, mine is the same PD

    Good Luck for tomorrow's meeting.



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  • divakarr
    09-05 10:23 AM
    1-800-375-5283 Option 1,2,2,6,2,2,1 and tell them your application has been filed over 90 days so that they will transfer your call to second level customer support.


    For my case, she thought that maybe my application is missing, this is the reason that she sent a request to NSC to look for my application.

    Because I got my AP receipt and there is no information for I-485, and AP is based on 485.

    My employer messed up my perm labor two years ago, and i hope it is not this time.





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  • chanduv23
    11-20 12:19 PM
    Bump



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  • mzdial
    March 28th, 2004, 11:28 PM
    Here was my shot from this evening's game..

    Staring off into space, Steve wonders about life, the future, and the outcome of the game.





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  • gcgreen
    07-07 04:04 PM
    to my knowledge, the first year that she started it would be no problem.
    but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.

    for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15

    the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.

    But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.

    The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.

    You can find more info at:
    http://www.fairmark.com/estimate/whomust.htm
    http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate

    I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.


    Continuation..
    My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).

    We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?

    That would make things so much more easier..



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  • Kitiara
    10-17 05:10 AM
    I've got one of Sephiroth and Vincent too somewhere... I'll dig it out. :)





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  • jonty_11
    08-13 06:13 PM
    BE FIRST TO GET A FREE TICKET TO HAWAI...........

    What an innovative name for a thread to attract attention..............





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  • mhathi
    08-22 09:11 AM
    Done!





    crystal
    10-06 01:03 PM
    --
    c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?

    >>You need to fill new I-9 form

    If any one has info, please share.





    gsvisu
    07-15 06:26 PM
    I agree. Everyone wants to sit in front of computer & IV forum and watch what good can come to them of this. Everyone needs to roll-up their sleeves, contact friends, spread awareness etc.

    Everyone needs to take active particpation. I sent many emails and contacted press on Thursday.



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