Monday, June 13, 2011

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  • lelica32
    09-26 05:17 PM
    I'v send a letter today. Let see if the Ombudsman will send me a answer.




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  • Administrator2
    05-02 09:27 AM
    Here is the information sent to IV by Research Program Manager at NEU

    Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.

    --------------------------------------------------------------------

    When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).

    http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1

    After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.

    http://www.military.com/news/article/itin-ineligible-for-special-rebate.html

    In Japan, thousands of military families face the same situation.

    http://www.armytimes.com/news/2008/04/army_rebate_041408w/

    The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.

    Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.

    The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�

    Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.

    Lawmakers

    Nancy Pelosi, Speaker of the House

    �Residents of the U.S. territories will also receive the benefit.�

    Johnny Isakson, United States Senator from Georgia

    The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.

    Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy

    Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.

    Senator Robert Menendez | Newsroom

    �Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�

    News | Senator Pete V. Domenici

    This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.

    EconomicStimulus2008

    The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.

    Senate Finance Committee

    020808 Econ Stim Staff Summary.pdf (application/pdf Object)

    The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�

    The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�

    According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�

    The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.

    The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].

    Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).




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  • Libra
    09-10 01:36 PM
    Thank you guys, you guys are the best. It would be really great if you all can make it to rally. who can't make it, thanks for contribution.




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  • spicy_guy
    10-22 10:04 AM
    Is there a chance or is is possible at all PERM could complete in less than 3-4 months? Or is there a minimum timeframe?



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  • funny
    09-11 07:17 PM
    I am in too...its not going to harm anything...




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  • diptam
    08-12 03:41 PM
    There are lot of good/standard consulting companies ... Some are 'con' but they can't create massive impact , however the MNC's do MANIPULATION at a large scale.

    Do not generalise all consulting companies...At least people working in these consulting companies sponsored GC and buying house and spending their money here. Most of the fradulent GC process was done by these croocked indian companies. They exploited the EB1C system to the maximum extend. Most of the times, they are not filing the GC and keep the employees as slaves or they exploit the EB1c fo their boot lickers.



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  • matreen
    07-15 03:20 PM
    Then add Immigration Voice as payee
    and give address

    Immigration Voice
    P O Box 1372
    Arcadia, CA 91077-1372

    don't I need to provide the account number of IV there.?




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  • Hemants
    09-10 06:51 PM
    Placed a google order for $100 .

    -Hemant



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  • singhsa3
    07-20 12:43 PM
    It is still optimistic my freind. As one of our member pointed out, realstic number would be around 600K, which implies 16 months wait for some people. Also , we do not know the level of work force at USCIS engaged in processing EAD. It could be 10, it could be 100. More the better but it we it is fewer than we are doomed.
    Additional Comments:
    Also, any new hires will need to be trained, and infrastructure need to be set up. All these things do not happen overnight
    If you assume 30 people, you get 1 year per your calculations. Make it 90 and we get it in 3 months:D




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  • vinabath
    07-20 03:46 PM
    Preparing for future is one thing but if you think that this is a valuable thread then go with it and enjoy, i just find it disheartening that people are trying to undermine whatever has been achieved by such threads (Like i said, he might be completely right but is there a need to tell it this way) and what are you going to prepare for the future ;) Do you know it ? (If you do, please keep it to yourself and enjoy or cry about it). Right now, i want to be positive and enjoy the fruits of what IV has done to get some relief, why use negative logic to undermine it and that is what i am saying. Leave us alone, who like IV and who want to have a moment's respite. Chill out dude, no offence meant and this my only response, will not reply if you attack me, so cool off.


    He is 100% right. Unless USCIS hire people, our EADs and APs will get delayed. People like me have travel plans in Jan. I do not want to go for Visa stamping. I am concerned.



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  • diptam
    12-10 01:39 PM
    I've sent 7001 to Ombudsman , Contacted Congressional offices and ultimately filed a Service request in Nov 1st week. After all this NSC opened my case yesterday Dec 9th and the status changed to "RFE sent" - there you go ! They bought at least 2 months extra time.

    What a bunch of jokers at NSC - my case was extremely straight forward :(

    Diptam,
    Thanks for the updates.
    My husband's I-140 is pending at TSC for an year now and employer is not agreeing to sign on form 7001. Can we send an e-mail to Omburdsman and expect some action to be taken?? does it help?




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  • mohanty99
    07-17 11:13 PM
    Given That All Dates Are Now Current And There Will Be Hundreds Of I-485 Filings By August 17, Will The Uscis Process Them In Order Of The Original Labor Cert Priority Date Or The Date Of Receipt Of The I-485 Filing Itself?



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  • Macaca
    09-12 04:45 PM
    Illegal immigration (of course) is really hot in the VA area. They have had rally's and other events that were reported on front page of Washington Post.

    I am locating those reporters. It would help if we read those articles and write something based on the content. Something like: since you reported their rally, please report ours.




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  • ash0210
    06-02 06:40 PM
    I agree with you "Astronomical tution fee" for childern, pay Mortgage, renewel of EAD/AP's..so on & on...

    In a situation like us..I contribute IV with my limitations (every month!) + involving myself in web faxes plus..Calling Senators / Congressmans etc..


    For those of you continually pushing for donations having a son in college on an F1 makes it impossible for me to donate since the tuition fees are astronomical.



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  • GayatriS
    01-05 08:50 PM
    He is saying what is the truth. Do you believe that Indian universities are as good as American? If so, why do we come here?

    Listen to what he says about how India is racing ahead despite all the problems with education. I was disgusted with the quotas and poor education in India.

    Learn to deal with the truth whether you are Indian or American!!


    ya just because u need green card, you agree with professor sahib. once u get ur green card u will also talk bad about india and indian workers.. i think gone r days when it was a cheap labor.. do u think our education systems/colleges IIT's/REC's are crap.
    just because he favored GC applicant you should not agree..he straightway projected india as third world nation in eductaion, resource quality etc ..




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  • chisinau
    07-22 09:21 AM
    Hi Scedule A!

    I am RN from Moldova, waiting for DS230 approval since October 2006.
    Are there anyone in the same situation?
    It seems to me that no one care about nurses on this forum. So I decided to highlight the problem briefly.

    Why should nurses have their personal immigration schedule and different faster line?

    1 - The shortage of nurses is more severe then ever in the US history. The fact is confirmed by DOS, The American Hospital Asociation, and the Coalition to Improve Healthcare Staffing.
    2 - Existing mechanisms are not able to improve the situation, Vice versa, the situation is going to be vorce in the near future.
    3 - Healthcare is one of the most relevant aspects of national economy, because it affects all other spheres of the economy.
    4 - The preimmigration qualifining process for nurses is long, expensive, and complicated. Aproximately 2 - 3 years (CP or CES, NCLEX-RN, IELTS, or TOEFL+TSE) long, and $5000 - $7000 cost. If we add these 2-3 years to the period of immigration we will have outstanding 5 - 9 years of waiting! And we should bare in mind that this is the only way for nurses.
    5 - From the last 50000 visas for Schedule A only 17000 were used by nurses and PT, other were used by their spouses and children. So the actual number of nurses intered the US is realy small.

    The situation is critical!
    As far as I see the problem, the only choice for us is allocation of visa numbers(recaptured or new) directly for schedule A. All other options are not good enought either for nurses or for the US Healthcare, because now we are in EB3 and have to compete with other professionals in the respective category. So we have to wait for 4 -5 years to get our CG. And practicaly, as I mentioned above, the GC is the only option for nurses, because emploiers do not want to sponsor us for a non immigrant visas.

    Cornin recent ammendment was too good to became true! It was awful to read that it was defeated...

    Nurses, where are you?!
    Please, reply and share your opinions.



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  • sareesh
    09-13 04:06 PM
    9years,
    my labor was MS + 2 years. Attorney did not file my I140 under EB2 because I have 23 months full time experience and 2 years GA experience.
    thanks,
    SG




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  • AMKumar
    07-06 10:54 AM
    Man, in frustration people do not even know what to say and what not! Be very careful of what you spin and what you say. From the looks of it, this stuff has every chance of spinning out of control and it may have already started the ball rolling.Think about it for a second!. Once it goes that way, trust me, we will all live to regret that.
    Yes, DHS approved upwards of 25000 GCs over the weekend, leading up to July 2nd. And some people are pissed off at that, err..why?
    Remember, those 25000 are one of us. Once,they too were in line for Labor certifications, I-140s, medical exams and all that crap. And some of them were in the so called "FBI Name check" black-hole for an extended period of time. We should be rejoicing in the fact that most of those backlogs got cleaned up. Instead we have people questioning the validity of those newly approved GCs.My dear friends, god willing, we will all have GCs one day and tell me, how would you feel if someone else comes screaming at you just because he did not get one too.
    Putting a "security lapse" spin on this could be very dangerous and should be avoided at any cost. I hope one of those anti-immigrant lobbies do not pick it up and start running with that. I prey that they do not revoke those already approved GCs, because if they do, then those poor 25000 souls will go through much more agony than what we are going through now.

    It's very tough to get the genie back in the bottle once it is out, so think before you start popping that cork.
    ~AMK




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  • fuzzy logic
    07-18 03:32 PM
    Hi everyone!

    I just realized that USCIS has made a mistake in I-140 approval notice. My labor and I-140 application was for EB-3. However, my lawyer made a mistake in checking EB-2 box instead of EB-3 box in the I-140 application. All other description and details were for EB-3.

    USCIS also sent an RFE to know whether the application is for EB-2 or EB-3. My lawyer promptly responded that it was an honest mistake and the application was for EB-3.

    Just today I realized that despite our response to RFE, USCIS gave and approval notice of I-140 for EB-2 and not EB-3.

    I don't know, if my lawyer has noticed this mistake yet. I want to apply for AOS now and don't want to draw my employer / lawyer attention to it as I don't know what their reaction will be.

    Can any one please advice me if this will have any adverse implication down the line? I am concerned as the approval is inconsistent with the labor approval that was with the intention of filing under EB-3. Any help would be appreciated. Thanks!




    GCBy3000
    01-03 04:22 PM
    Good luck.

    I wish you have PD of 2001/2002. I had the same dream when I came here 8 years ago.

    If you are new to US(1-3 years, from the spark in your statements, I feel you are.) with having PD 2003 or later, only the SKIL bill or CIR could rescue you. Othewise, you will be one among 1million in 2011 talking like us.

    Its very interesting reading everyone's stories. To me GC represents freedom. Freedom to work for whom you want to, in a field you want to, not to work for someone you don't want to. To start your own buisness, to do all those things which US is known for. This country encourages entrepreneurs and I would like to be one, one of these days :).




    USDream2Dust
    07-11 10:41 AM
    First new Iphone and now this news. I am still in Sep 06 but this type of things keeps the hope alive :).

    Yuuuuuuuuuuuuuhuuuuuuuuuuuuuuuuuuuuuuu



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