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  • snathan
    08-23 11:24 AM
    At the end of the day what matters is you have an option open via this route. It is your personal choice if you would rather wait here 10 years or work in your home country for 1 year. Why shut a door that's meant for you? Opportunity is very hard to come by

    Not everyone has the luxury to go to home country to work for one year. Its like telling the Eb3 person to port to EB2. Do you accept that. There are so many issues need to be factored in. So lets not get into something which is not fair or not possible for every one. They system is f*&ked up. thats the fact. When the system is not fair, we fight to fix and not finding the loopholes.




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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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  • immi_twinges
    07-24 12:53 PM
    my PD Aug 2004
    RD Feb 2005
    eb3 india
    Last fingerprint in March 2007

    you said your RD is feb 2005...
    If you got your gc then i have some hope




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  • diptam
    08-10 02:27 PM
    Everyone is saying that "Wait-Wait , have patience , forget Check-cashing till you realize that you've sunk in deep waters"

    If there are few cases which are returned for false reasons ( see other thread) after Aug 17th probably those few will be forgotten till PD becomes Current again - 6-7 yrs - Huh ? :)

    My app was received at the NSC on June 28th at 9:02am. I havent receviced receipts or checks cashed. If for some reason my app is denied or there is a request for evidence after the 17th of Aug are we able to resubmit or will it be too late?



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  • chanduv23
    08-03 11:16 PM
    ^^^^^^^^^^

    Please navigate to the following threads and do the action items

    http://immigrationvoice.org/forum/showthread.php?t=11694&page=2

    http://immigrationvoice.org/forum/showthread.php?t=11962




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  • insbaby
    07-06 01:40 AM
    Most leaders are actually volunteers in IV. They have a regular full time job.

    What you are saying: "who can take a flight to Washington DC on Monday morning, change the law by noon to issue GC to every EB category, have a lunch at Olive Garden, come back monday evening" :

    For this you need to hire full time lobbyist which costs a lot
    of money. IV budget is nowhere close to that the Hispanic lobby group:
    National council of La Raza whose budget is
    $40 million or $1.3 billion including its “affiliates” network.
    IV is a tiny organization in front of La Raza. Thats....a BILLION with full time lobbyist.

    I strongly suggest you listen to the audio interview to understand how big the hispanic
    lobby is.

    Raul Yzaguirre on Past and Future of La Raza : NPR (http://www.npr.org/templates/story/story.php?storyId=4229605)

    With such power also they cant pass CIR. But at least they ensure that no
    EB or illegal immigration reform will pass unless there is something for illegals.

    I agree. Thats what I tried to say.



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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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  • bayarea07
    03-17 10:04 PM
    Well,If you think that it was a cheap attempt, then i belive you need tutoring in english first, i would have appreciated if you would have read the full documents first, if you are not in the same boat as others doesnot means that others are not, there are still many H1 holders whose spouse doesnot have a SSN and only ITIN, and i am not over or below quoting the statement made by IRS.

    Please think twice before issuing any statements.

    P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)



    A very cheap attempt at sensationalism, if that's what your intention was. But if you really are clueless about this issue, then here are the facts:

    There are several thousands of H-1Bs and GC aspirants who have SSNs for themselves and their spouses. This stimulus package will give rebates to these thousands so long as their AGI allows for it. Also, all H-1Bs are eligible for their rebate since they would have SSNs. It is only when their non-working spouse (H-4) does not have a SSN that the H-1B holder becomes ineligible.

    Thus, the title of your thread is misleading. Change the title to "No Stimulus Package to H-1Bs whose spouses do not have SSNs". And again, this is not targetting H-1Bs or GC aspirants. Any US resident without a SSN is ineligible for the stimulus package.

    Regards,
    Jayant



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  • ronhira
    07-06 02:02 AM
    I agree, what did I do for IV for the past few months, nothing. Responded to one or two threads. Been very busy at work and was not able to contribute constructively to this organization. I am wondering how many of us are in this same boat, what are we all actually doing in helping the organization from either volunteering, getting more people to open their eyes and recognize a problem and organize and mobilize people. I have been trying for the past 4 years and its not easy and not always successful. To see the leadership team constantly juggling between work and working on different initiatives and putting in self less hours really requires appreciation. Now I think its worth asking ourselves, how much have we done or are willing to do to take us to where all of us want to be IMHO.

    let me ask you this. did anyone from "leadership" call/email/contact you when you were inactive/busy with your life. if the leaders did not call/email you, how will you know if your help is needed. i don't see how its u'r fault




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  • andycool
    04-12 11:59 AM
    How long it takes to get 140 approved in premium?

    15 days if no REF ...

    If they cant approve i think they will pay you back the 1200 $:rolleyes:



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  • addsf345
    11-21 02:49 PM
    In addition to my above post, one can be on h1b and keep getting h1b extensions and apply for consular processing instead of AOS.

    You know what, my head is going bananas. What you said makes sense too. May be it finally boils down to what IO thinks who is handling your case and LUCK!




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  • glus
    07-06 12:34 PM
    This is too confusing, it looks like USCIS is going crazy.

    Something is cooking and they try to cover their as.... before the legal action takes its stand....:-)), but it is too late for them..



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  • smisachu
    09-14 01:23 PM
    Reporter called me ***. She wants to do a story for the weekend edition and wants to talk to some one in Middlesex county. She spoke to me and she needs two more from Middlesex county, NJ. Any one from middlesex county New Jersey please call her ASAP.

    ****
    She wants to run this story on the weekend edition and she needs contacts ASAP.
    ==================
    DO NOT POST MEDIA LEADS ON THE FORUM PLEASE.
    Some information has been deleted form this post.
    - Admin




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  • amitjoey
    07-13 05:22 PM
    My 2.5 Cents.

    We need to start a Letter Campaign next.

    A focussed uniform format with some lead from IV. But now focus on San Jose,CA's rally efforts.

    A number of people have already sent in the letters, Just use the above template, personalize it a bit, make it a letter. Put in your address, phone #, stamp and envelope and put it in the post.



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  • newbee7
    07-05 12:16 PM
    We must try to aviod the I485/ EAD language though.




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  • nitinboston
    06-11 02:53 PM
    I keep reading we should fight for out rights and all. I am just curious
    where does it say if on is on H1B or F1, he or she has a right to get a GC. GC or citizenship is a privilege, we cant demand it or force someone to give it to us. Its a simple demand and supply situation, there are more visa seekers then there is availability and therefore there is a waiting period. i am not sure why we don't accept the simple fact that there are way too many people from developing country like ours moving to US, and not everyone can be accommodated ASAP. i think US has every right to do what it thinks is best for her, even if we don't agree with that,
    And those who say its discrimination, discrimination is when people from Bihar are beaten up on the streets of mumbai cause they are taking jobs away from marathi manus. Had there been so many techies from around the world taking up jobs in India, we would have seen street lynching.



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  • kshitijnt
    06-26 12:15 AM
    .

    BTW I’ve got a Home Theater at my apartment and my current status is H1B with pending I-140 + I-485 :)

    So did you buy home theatre after filing 485 or before? Btw, I dont believe there is any relationship to income wrt visa status.




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  • test101
    07-05 03:54 PM
    Please put more details as you call.

    Regarding Cantwell:

    The represintitve said they recieved couple of calls. I explained my view and how as an RN i'm effected by this. The office said that sentor Cantwell has not issue a statement. I spoke of USCIS, financail and emotional loss. I did say that hunder of thousands are effected and according to WSJ million of dollars has been lost.
    The representitve seems intrested. She transferred me to Olia black voice mail that seems to be taking care of this issue and i left a message for with my contact information.

    More people need to call and get thier stories through. After all Cantwell was supportive of skilled workers. So far senators office are responding with interest to personal stories and the effect of the USCIS VB.

    is that good enough :D... any other detail needed?




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  • eb3_nepa
    07-05 10:52 AM
    Admins can we combine this thread and

    http://immigrationvoice.org/forum/showthread.php?t=6082




    langagadu
    03-04 12:19 PM
    do have your 140 approved?
    Doesnt seem like anything is cooking at TSC! I-140 and I-485 still shows

    "On Oct 1st 2007 we received....blah blah blah...."

    -GCisaDawg




    truthinspector
    01-04 12:43 PM
    I am really appalled at the responses for the facts I posted here on the forum. I apologize to all who are offended by the posts.However I strongly believe that my comments represent facts.Personally I do not believe an individual can "bash" a country. I have certainly erred with my presumption that my opinions/comments would be received with some maturity of thoughts instead of surging patriotic emotions.
    I have expressed thoughts about immigration where some policies of US are severely criticized. At this point I can only urge the community to read/write with a certain openness of mind to have a fair exchange of experiences and opinions.



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