Saturday, June 25, 2011

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  • Libra
    09-14 02:32 PM
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  • mrjonie
    01-04 09:32 AM
    yes, try calling the 1800 number and go to the address change, there you will be able to talk to the IO and they will ask you what issue you have (they will not ask for address change)..you can explain your scenario to him/her.

    they will collect your information and send a request to the corresponding SC to process faster...




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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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  • gc_dedo
    08-11 06:06 PM
    The reason CIS isnt processing EB3 for last 3 months is because the dates are U and since they have lot of pressure not to waste visa numbers they have put all resources into EB2.
    I have seen EB2 cases filed in May-08 been approved.
    But i know this is unfair for EB3 people like us waiting for over a yr.



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  • vbkris77
    12-10 06:34 PM
    Biggest mistake or unlucky whoever missed July 07 fiasco.

    Probably both!!! It ain't gonna happen again unless CIR passes or DoS changes their strategy.




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  • gc_on_demand
    06-10 10:00 AM
    There is a chance of EB1 & EB2 ROW spillover :D

    US bulletin is out too:

    http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html

    EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by �All Other Countries� were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)

    Based on the informaiton available, it was been determined that the demand from �All Other Countries� for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.

    It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from �All Other Countries� would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.

    EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

    Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become �unavailable� beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.



    Dont dream .. Out of 140k it can be max 10-20k unused nos. Will it be useful for half million applications ???



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  • anzerraja
    09-11 07:20 PM
    Order Details - Sep 11, 2007 4:42 PM PDT
    Google Order #473670082977971

    Good luck IV !!!




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  • centaur
    04-14 01:44 PM
    I just got my H-1b renewed and no-one asked for the drivers license.

    Maybe your lawyer's office just has a policy to ask for copy of everyones license for their records. Lots of professional buisnesses do this (physicians, lawyers' CPA's office etc.), but this is for their internal records and to be used in case of collection issues, for non-payment of their bills and such.

    IV friends ,
    Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.

    Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.

    My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.

    Any Idea on that
    I have already submitted my driving license to my lawyer.
    Please Let me know because I was couting on that I will get 3 year extension this time :(



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  • jsb
    09-10 02:56 PM
    Should we not demand resignation of USCIS Director?

    Yes, we should. What is going on is a major screwup. I wonder why it is allowed to continue that way.




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  • gc28262
    03-06 05:44 PM
    .................................................. ....................
    .................................................. .................................................. .......

    Also, current Economy may force them to use larger number of FB visas for EBs for next few years.
    .................................................. .....

    Could you explain this point. Why would lesser number of FB visas be issued in a bad economy ?

    Does economy state has any relation to FB visas ?


    For pre-adjudication, visa availability or the chances of PD becoming current is not necessary. They can pre-adjudicate based on receipt date.

    My guess:
    Probably they are processing all employment based applications right away so that they can prepare for CIR 2009. I guess Obama will take CIR this year itself as he has a very high approval rating and lot of goodwill now.



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  • Canadian_Dream
    06-02 01:56 PM
    You are not really screwed if (a big if) somehow you get a chance to file for I-485.
    PS: I am not supporting the bill and I hate it as much as you do.

    I received good news on June 1, 2007 that my I-140 is approved. It was received by USCIS on May 22, 2007. Then later that day I saw the new immigration bill. If this very unreasonable bill (EB backlog) will be passed the wasting of all the money, time, stress, anxiety and hope towards the GC procedure will make the whole thing look like a bitter joke. This is beyong my wildest imagination on how bad things can go since we are all hard-working and law-abiding legal immigrants. Is it a punishment for being a good member of society?

    I'm praying that it will not be given any consideration by those who have powers.




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  • nivasch
    03-09 10:43 AM
    indio0617,
    U really give us min.. to min.. update, Thank you so much
    Nivas



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  • Progressive
    07-13 04:27 PM
    count me in. I am from LA county live in Torrance




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  • rongha_2000
    04-30 04:03 PM
    They are bullsxxting themselves and everyone else. I am amazed..!! These committee members dont have a clue of what they are hearing about. Mixing GCs with H1-B. This issue is always a killer and more inportantly not even related to issue at hand..!!

    I am losing hopes.. I might find solace in Alberta, I hope.

    I don't understand how removing the country limit may have resorce implications, as how I understand is, instead of adjucation an EB-2(2008) from Mali you'll be adjucating an EB-2(2004) from India, what difference it is for them ???



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  • ps57002
    09-15 08:57 PM
    all those hiding, come forward...come to the rally. We NEED to be heard. It's time to be heard loud and clear. EACH AND EVERY NUMBER COUNTS. Like each drop makes the ocean, each member that comes to the rally counts...each and every single one. you think if only you don't show up, so what...imagine if everyone thought same..there would be no rally. no one would hear us. Nothing would change...change your thinking. You matter. Each and every member matters. Each person who shows up matters. We are all like drops of water which together make a powerful ocean that can wash away anything in it's way....

    Think..act...before it's too late...this is the time. It's NOW.




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  • glus
    07-06 12:41 PM
    I wonder what.....something is coooking and they will be some changes soon. I have a feeling they are in fear of the lawsuit and media coverage as this thing has in fact taken off....



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  • jonty_11
    07-14 01:30 PM
    I know some of you must think:

    "What the heck difference is FIVE dollars going to make?????"

    Well $5 x 30,000 = $150,000 I hope people understand that, $150,000 is NOTHING to sneeze at. So people, you dont even need to dig too deep. Just FIVE DOLLARS.

    Less than the cost of a SUBWAY Sandwich LUNCH.
    Subway sandwich and that too a FOOTLONG.....so get going to mail those checks.




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  • Xipe Totec
    04-25 12:37 PM
    This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.



    Not if the law would say "...currently holding an H1B status" ;)




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  • thomachan72
    06-04 11:37 AM
    OK here is a question.
    Person working for past 4 years in the US.
    Applied LC this February (2/26/07)
    wants to go to canada, work there for a year and then reenter may be next year.
    According to the new point based GC system--
    1) Will the person get points for the 4 years of work in the US? (those 4 years were continuous, however, the person applies for GC after the canadian break of lets say 1 year)




    dhirajs98
    07-14 08:32 PM
    My contribution: $20.00

    It was easy ... not a big deal guys ... go ahead .. contribute :)




    minimalist
    09-15 11:34 AM
    I guess gctest is right. He too can try and interfile...provided he is as zealous on his cause to get a GC. In the time a EB3 applicant works fulltime and gets a master's degree by doing part-time. GCTest (Who is either highly qualified by means of a MS degree or was generate experience letters of 5+ years), in EB2 category can work on PhD and get a NIW..and thus be a ble to interfile....Thats current. Or Maybe GCTest's logic is that he does not want to excell in his professional training(qualification) and life bcos by doing that he will be jumping from EB2 to EB1 and he does not want to do the unethical :-)

    :)

    Every few days another person comes along with a lot of enthu saying they found another issue with the USCIS process that they want to correct.Which is extremely legtimate in the narrow specifics of their particular case. A while ago sunny_surya started a thread with same topic and now not to be seen anywhere. These activities with narrow scope won't have any room for success and will not have any visibility either if the folks at the other end of the stick (EB3 in this case) , the thread will just die withing few days. The only initiatives that have any chance for success are the ones that address the concerns of the community as a whole.
    Just focus your energies on recapture instead of trying to educate these highly skilled people with lowly functional brains.

    --
    I am an EB3 with May 2006 PD, without any intention to port. It is too much of a headache in my opinion given the delays at 140.



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