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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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  • wolfsappi
    09-13 11:53 AM
    just made a one time contribution of $100
    confirmation number : 1V989630TG1266458




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  • saikatmandal
    09-11 04:55 PM
    Saw the Oct Visa Bulletin ....
    Future of EB3 applicants look very bleak ...
    I cannot make it to the DC Rally but my small token contribution to this effect.
    I wish this rally a grand success !

    EB3
    PD June 2003
    I-140 Approved
    I-485, EAD, AP - Applied Aug 7, 2007




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  • gcseeker2002
    04-03 01:25 PM
    My First Post :

    Initial EB3 - 07/2003 with fortune 200 company, got laid off in 10/2010 after working with them for 11 years.

    Joined small company in 11/2010, Perm EB2 - 12/22/2010 - Approved on 01/06/2011
    I140 Premium - 03/02/2011. Both 140 and 485 approved on 03/15/2011 - Current Law Firm received 140 approval notice on 03/18/2011, Previous company's law firm received 485 approval on the same day.

    how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.



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  • dpp
    07-06 12:15 PM
    I have changed the thread title.

    Thanks, i don't want to confuse, but i just put something to post it initially.




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  • Jimi_Hendrix
    10-26 05:42 PM
    Why you need to support legal immigration reforms?


    I am a legal immigrant to United States and my permanent residency application is pending because of backlogs in the current immigration system. There is a combination of factors leading to the current backlog in the legal immigration system. Periodic legalization of undocumented workers, insufficient resources, procedural inefficiencies and poor understanding of the legal immigration problem by congressional representatives are some of the contributory factors.

    Current immigration reform is primarily focused on illegal immigration reform. Typically, legal immigration is folded into a bill/Act which primarily supports illegal immigration. It is crucial that the contributions of legal immigrants be appreciated. Highly skilled, legal immigration adds to scarce skills and training in the American workforce. They improve productivity and quality of work to keep America competitive. These immigrants also pay taxes at higher rates. Further they are not entitled to most of their social security benefits unless they have worked for a certain number of years in USA. Legal immigrants act as role models because they enter the country legally. They act as safe anchors to curb outsourcing by providing foreign talent locally. An average legal immigrant integrates easily into the American social cauldron, is law abiding and is favorable towards charity and social participation.

    Now that you have a decent appreciation of legal immigrant contributions, let us take a look at the problems faced by them. It takes anywhere between 6-8 years on an average to process permanent residency applications of legal immigrants. During majority of this 6-8 year period,
    1) Legal immigrants cannot change employers and/or job title
    2) Spouses of legal immigrants cannot work unless they have separate work authorization
    3) All major financial and career decisions are on a hold
    4) Children of legal immigrants are unable to earn certain education benefits available to permanent residents/citizens
    5) Immigrants are reluctant to visit their home countries because of increased scrutiny at the border due to the lack of permanent residency/citizenship privileges. There is no assurance that the immigrant will be able to re-enter USA
    6) Work and Travel Permits need to be renewed every year i.e. new fees are charged by USCIS each year for renewal. This step not only involves financial cost but also induces fresh anxiety about whether the permits will be approved without problems and on time.

    Due to lack of sufficient visa availability, legal immigrant applications are backed up solid. An important factor responsible for current backlogs is inefficient processing of applications. USCIS, FBI and Department of Labor are trying their best to cope with the huge immigration backlog work. However, some processes move faster while others take unreasonably long. Efficiency in one process is compensated by complete lack of efficiency in some other processes. The cumulative effect of these factors is tremendous frustration among legal immigrants. Many of these immigrants are actively looking for work in other countries where immigration laws are favorable to legal immigration and advanced skills are in demand. Compared to USA, time taken for obtaining permanent residency in some countries is approximately 75-80 percent shorter. While majority of immigrants are skill-based immigrants in top immigration-friendly countries, in the USA skill-based immigration constitutes a minority of immigrants. The lack of adequate immigration benefits is often cited as one of the factors promoting illegal immigration. It is clear that the current system is antiquated and needs a major overhaul.

    Lately, an awareness campaign has been launched by Immigration Voice (6,400 strong group representing skilled, legal immigrants). Immigration Voice represents more than 500,000 bright and innovative minds in the country. As a result of Immigration Voice’s campaign and the ongoing immigration debate, some politicians have a better understanding and appreciation of legal immigration issues. Accordingly, the SKIL bill was introduced by Senator Cornyn and Kyl in the Senate and recently this bill was also introduced in the House of Representatives. The SKIL bill supports reform in the legal immigration system. Comprehensive Immigration Reform is frozen in view of approaching elections and earlier political deadlock. It is expected that Congress will be attend to pending immigration needs after the elections. In the meantime, it is imperative to garner support for legal immigration reform. After all, the efficiency of the legal immigration system will encourage future generation of immigrants to come to America legally. Will the average American citizen support this law abiding means of immigration? Or will the average legal immigrant fall victim to the vicious campaign of anti-immigrant extremism? The American public must take a stand and defend the American dream.

    Best Regards,

    JH
    =============
    published on nov 16, 2006
    http://news.ncmonline.com/news/view_article.html?article_id=86f99ab1b7774fc7f6a26 f10eb4183ba



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  • sunny1000
    04-30 08:12 PM
    so how can you give these dot to other people ?

    You need to click on that post's "balance" symbol on the right side of the post (next to the post #). Once you do that, it will ask you if you "approve" or "disapprove" the post. Click on one of those and write your comments.




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  • icedgin
    07-27 09:38 AM
    Hi Angel,
    I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.



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  • santb1975
    06-06 03:47 PM
    We need to do this




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  • santb1975
    05-24 01:44 PM
    :confused:



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  • m79
    08-11 08:16 PM
    I am July 2nd filer, Got finger print notice from NSC with notice dated 8/7.

    Hi, Congrats,
    Did you get the receipt notices




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  • tikka
    07-18 04:03 PM
    I just upgraded my monthly contribution too!


    thank you!



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  • gsc999
    03-17 09:33 PM
    All tax payers are eligible(atleast mostly)

    folks like Bayarea07 are plain and stupid
    --
    Lets not be so harsh. Bayarea07, thought he had a valid concern, although it is not true.

    Did anybody notice this in the IRS communication that was sent out to taxpayers:

    For taxpyers, the amount of money will be "reduced" or " completely phased out" for individuals making adjusted gross income or more than $75K ( or more than $150 if married and filing jointly).

    How about that?




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  • priti8888
    07-25 02:30 PM
    We applied in Nebraska in August 2003, Cleared in State on August 29th 2003, Transferred to Chicago DOL on Sept 1st 2003..Got Certfied on Oct 16th 2003...So yes..in some states Labor was VERY Quick.


    I agree. Ours was transfered to Denver DOL and got certified in 5 months



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  • chanduv23
    05-15 10:23 AM
    Trust me your frustration is understandable......

    Guys,

    1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
    2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
    3. Attorneys are making money on these cases

    In the end we the immigrants are the losers.

    Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,

    We need to increase the awareness.

    We do not want to get to a point where we may not utilize AC21 properly.

    thanks

    I agree. Act Act act. If we do not get our acts together and simply share and discuss - nothing is going to happen.

    First thing you do is write to the Ombudsman's office. They are technically responsible to resolve case problems with USCIS.

    In your case, i think, you also have to at the least send an email to the Ombudsman.




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  • qualified_trash
    08-08 03:40 PM
    OK, I edited the text to make it clearer that 20-25 years applies only to some family based immigrants. Let me know if it reads OK (grammar etc.) after the edits.

    Pankaj

    As this is your article, you have all the freedom to write on what impacts you. However, keep in mind that FB immigration is still a sore spot with the American public as the perception is that Immigrants bring their parents here to collect on SS and Medicare (true in some cases I guess). If it were left up to me, I would leave FB Immigration out of the writeup.......

    Just my 2 cents.

    Grammar etc looks fine to me :-))



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  • gc_on_demand
    06-11 08:33 AM
    Folks

    July bulletin is OUT and NO more significant movement. Donot hope for future bulletin . Please call Lawmakers ASAP. Unless we take action USCIS is not going to do anything. Situation can be worse once we head towards election season. Still we have 1-2 months to get things done or we will be waiting for years to get green card OR EAD ( For some folks ).

    It is just 10-15 minutes need to spend to call. Let them know WHO WE ARE AND WHAT ARE OUR ISSUES .

    I request all of you to call , if you have called then ask your friends and family members to call.

    Now its time to act. If we dont take action CHC will not allow to move ahead our 3 bills.

    CALL NOW .... and Spread this message to everyone.




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  • rongha_2000
    04-30 03:34 PM
    And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:

    OK so here it is, it will get 2 years before the backlogs due to the surge clear and to get back to normal... :mad:




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  • hebron
    10-29 08:56 AM
    Hi Hebron,

    I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.

    Best of Luck to you.

    Thanks.


    Hi 9Years,

    Thanks for the information! I will consult a another attorney.

    I was looking up the SOC job codes and I noticed is that in your case the SOC job codes are different. (Programmer Analyst 15-1021.00 and Database Administrator 15-1061.00.)
    In my case both Software Engineer and Principal Software Engineer falls under the same SOC code.

    This could be why my attorney thinks my case is not portable with the same employer.




    Milind123
    09-14 07:09 PM
    Thanks you so much for your contribution. ivvm, deardar, claudia255, gconmymind, Bhanu, mdmd10 and our special guest dtekkedil participated in this round and we were able to exceed our target expectation. This closes our seventh round.

    I still have to fire three more shots. I will post details of the next two rounds shortly.

    Note: For the just concluded seventh round, I already fired a shot earlier.




    needhelp!
    03-12 03:16 PM
    We cannot expect core members to be online all the time, and we cannot expect to see lobbying related information unless a bill actually comes out. I think what we CAN do is keep the average members like me who want to do something, engaged with things that are within reach.

    FOIA campaign was a great example of this.

    However, I am very sad to report that only 3 other members from Texas Chapter participated. With such level of participation, I am not even sure that such campaigns are meaningful. Lobbying seems the best option, where we can pay and then be lazy the rest of the time, but the drawback is that updates will be once in 6 months or a year depending on when bill is being introduced.

    With all due respect to the selfless hard work of IV core, I concur with ItIsNotFunny. There are many members who feel this way. IV core should be more open to members. I feel a cloud of secrecy always surrounding IV. Of course they cannot be public about all their activities, but more needs to be done on this front. You will see more members actively participating if core is more open.



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