indyanguy
09-25 08:15 PM
This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.
1. Inc a business in my spouse's name.
2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)
If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?
Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?
If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?
behind ear tattoos. Michael has eleven tattoos in
ps57002
09-02 12:21 PM
Thanks all.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
I'm in my mid thirties now. I came as a teen, fifteen.
So I wonder....should the dream act come through....could it work in my favor too lol? I came through no choice of my own (though legally) with my parents....
And do i get a GC for beating everyone on here :)
j/k.
behind ear tattoos. Behind the ear amp; back of small
tikka
07-05 01:34 PM
I just used the letter above (slightly edited) to email senators Bennett and Hatch from Utah.
Today I made my first $100.00 contribution to IV. Go IV!
for your contribution :)
Today I made my first $100.00 contribution to IV. Go IV!
for your contribution :)
behind ear tattoos. ehind ear tattoo. ehind the
ksach
02-12 02:56 AM
it means freedom and a respect for my education, my skills and my hard work.
read my story below.
-------------------------------------------------------
America, the land of opportunity and freedom.
These days when I hear America being any of the above, I usually
sneer. 6 long years have thought me not to accept everything I hear.
Back home, I had respect. I had a good education and a great job. I
got an education from the best schools and the best colleges. I worked
for a big multi-national with a big fat salary and lots of
opportunities to travel to countries on work. I was a success. But I
wanted to be more. I wanted to be global. I wanted to work in a
different country for sometime. I loved seeing different cultures,
seeing different places; I wanted to see the world. Thats when the
offer for a job in the US came. I took it up because I could see the
US of A, the land of the free, the land of opportunity, the land of
the Cisco's and Microsofts and more importantly, the land of dreams. I
thought a couple of years working away from home would do me no harm.
Boy, was I wrong!!!!
The first few years in my new country of residence were difficult. I
worked for a startup with its crazy hours and insane schedules. Far
from seeing new places, I was busy at work. But I did not complain. I
liked the work and the company's passion to create something new. No
longer was I working on the junk companies outsource to third world
companies. I was working on the actual product, creating something
that was not done before, something I could be proud off. I was busy
at work, but it was not difficult to notice something, the Americans
worked hard, the people with green card worked harder, but the people
on H1-B worked hardest. I guess, the people on H1B had the most to
lose. But I did not give a hoot. I had a product to deliver. I never
had the time to think about my green card. I still wanted to go back
to my country, maybe not right now, but I wanted to. Right now, my
work was my priority and I would concentrate on that.
Slowly the years went by, and unknowningly I started seeing the
American Dream. I got a new car and expensive clothes, I started going
out with my friends, visited new places, and more importantly I
stopped feeling homesick. The apartment I shared with my friends was
my new home. So when my company asked me if they could do my green
card, I readily agreed.
I should have seen the signs. There were many of them; but I chose to
ignore. I should have know that people are exploited when I heard a
top executive at my company say once that he expects everyone to work
long hours and weekends because we had no options. The job market
outside was bad and none of us could find jobs. I should have known
that my cultural background mattered when the girl at the Albertson's
counter did not even look up to me, but was very friendly with all the
Americans ahead of me, or when an office colleauge introduced his girl
friend to all americans but ignored the Indians. I chose to ignore all
this, because I thought it does not affect me. As long as I did my
work or followed the rule of the land, nothing else mattered. I was
wrong again.
Two things changed in 2005. My company went down and I got married. I
was on H1B and had to find a job soon. I was already at the end of my
H1B tenure so not many companies were interested. That is when I
realized the disadvantage of being on an H1B. It did not matter that
my resume was impressive. My H1B status was more important than my
skill set. It it did not matter that I had already spent a lot years
in this country and my green card had been filed. It was hard finding
a job that would sponsor my H1B and my green card again. I did manage
to find one. But I was not lucky on my home front. My wife could not
work because she was on a dependent visa. She had given up a career in
India to be with me, but reality hit soon when she started getting
bored. She kept herself busy with books, TV and cooking. And life went
on, hoping that we would get our green card soon and we would be free
again. Free to find a job of my liking for me, and free to do any job
for my wife.
Its Feb 2007 now and there's still no sign of the green card. I
stopped hoping for one. I dont care for one. All I care for now is my
wife to be able to work in something she likes within any legal
boundaries.
Its been a long time since I legally came to this country. I was young
and succesful then. And now as I cross another anniversary of my
landing in the US, I reflect upon what I have gained. I have gained a
big bank balance, a good car, a good lifestyle. What have I lost -
plenty. I have lost my career, my freedom, my health, my marriage and
my family. I have been stuck in the same job for many many years while
all my friends have climbed up the corporate ladder back home in
India. Its not easy working on an H1B. My marriage has suffered
because my wife is unhappy that she cannot work, she's close to a
breakdown, my health has suffered because of all the thinking, and my
parents have sufferred because I have not been able to take care of
them. I never have cried so much at my helplessness as I have cried in
the last one year.
One thing I have realized about the US is that it is no different than
any country. Like any other country, the exploitable are always
exploited. (The big companies are not willing to fight for the welfare
of their employees. They fight to get more people into the country to
exploit.) Like any other country, the only thing that gets politicians
excited is money and votes. (Why do we need so money to lobby the
politicians? Isn't freedom and justice reasons good enough?) Like any
other country, it discriminates between the have and the have nots. It
is a country that has no respect for people. (Ask anyone who goes for
a visa stamping in the US embassy in India. I have seen old people and
ladies with small kids spend hours in the hot Chennai Sun to enter the
embassy for an appointment, just to be spoken rudely by the Visa
office. There was not even a shelter outside to block the sun. I have
never seen people turn into US haters so soon). It is a country that
wants our brains, but is not willing to show a heart.
Some people may argue that I have the freedom to quit my job and go
back to my country. But that is not freedom enough. I want the freedom
to choose when I want to go back. Its not easy to pack 8 years of your
life in a jiffy. Its not easy to pack 8 years of your life into 2
suitcases. Neither is it easy to restart your life in a different
place, even if its your own. It reminds me of an Indian saying -
"dhobi ka kutta - na ghar ka, na ghat ka". It means, a washerman's dog
belongs neither to the house nor the river banks. Thats me in a
nutshell, a "dhobi ka kutta."; a washerman's dog!!!
ps: I love this country as much as I love my own. But I wish this country loved me back as well.
read my story below.
-------------------------------------------------------
America, the land of opportunity and freedom.
These days when I hear America being any of the above, I usually
sneer. 6 long years have thought me not to accept everything I hear.
Back home, I had respect. I had a good education and a great job. I
got an education from the best schools and the best colleges. I worked
for a big multi-national with a big fat salary and lots of
opportunities to travel to countries on work. I was a success. But I
wanted to be more. I wanted to be global. I wanted to work in a
different country for sometime. I loved seeing different cultures,
seeing different places; I wanted to see the world. Thats when the
offer for a job in the US came. I took it up because I could see the
US of A, the land of the free, the land of opportunity, the land of
the Cisco's and Microsofts and more importantly, the land of dreams. I
thought a couple of years working away from home would do me no harm.
Boy, was I wrong!!!!
The first few years in my new country of residence were difficult. I
worked for a startup with its crazy hours and insane schedules. Far
from seeing new places, I was busy at work. But I did not complain. I
liked the work and the company's passion to create something new. No
longer was I working on the junk companies outsource to third world
companies. I was working on the actual product, creating something
that was not done before, something I could be proud off. I was busy
at work, but it was not difficult to notice something, the Americans
worked hard, the people with green card worked harder, but the people
on H1-B worked hardest. I guess, the people on H1B had the most to
lose. But I did not give a hoot. I had a product to deliver. I never
had the time to think about my green card. I still wanted to go back
to my country, maybe not right now, but I wanted to. Right now, my
work was my priority and I would concentrate on that.
Slowly the years went by, and unknowningly I started seeing the
American Dream. I got a new car and expensive clothes, I started going
out with my friends, visited new places, and more importantly I
stopped feeling homesick. The apartment I shared with my friends was
my new home. So when my company asked me if they could do my green
card, I readily agreed.
I should have seen the signs. There were many of them; but I chose to
ignore. I should have know that people are exploited when I heard a
top executive at my company say once that he expects everyone to work
long hours and weekends because we had no options. The job market
outside was bad and none of us could find jobs. I should have known
that my cultural background mattered when the girl at the Albertson's
counter did not even look up to me, but was very friendly with all the
Americans ahead of me, or when an office colleauge introduced his girl
friend to all americans but ignored the Indians. I chose to ignore all
this, because I thought it does not affect me. As long as I did my
work or followed the rule of the land, nothing else mattered. I was
wrong again.
Two things changed in 2005. My company went down and I got married. I
was on H1B and had to find a job soon. I was already at the end of my
H1B tenure so not many companies were interested. That is when I
realized the disadvantage of being on an H1B. It did not matter that
my resume was impressive. My H1B status was more important than my
skill set. It it did not matter that I had already spent a lot years
in this country and my green card had been filed. It was hard finding
a job that would sponsor my H1B and my green card again. I did manage
to find one. But I was not lucky on my home front. My wife could not
work because she was on a dependent visa. She had given up a career in
India to be with me, but reality hit soon when she started getting
bored. She kept herself busy with books, TV and cooking. And life went
on, hoping that we would get our green card soon and we would be free
again. Free to find a job of my liking for me, and free to do any job
for my wife.
Its Feb 2007 now and there's still no sign of the green card. I
stopped hoping for one. I dont care for one. All I care for now is my
wife to be able to work in something she likes within any legal
boundaries.
Its been a long time since I legally came to this country. I was young
and succesful then. And now as I cross another anniversary of my
landing in the US, I reflect upon what I have gained. I have gained a
big bank balance, a good car, a good lifestyle. What have I lost -
plenty. I have lost my career, my freedom, my health, my marriage and
my family. I have been stuck in the same job for many many years while
all my friends have climbed up the corporate ladder back home in
India. Its not easy working on an H1B. My marriage has suffered
because my wife is unhappy that she cannot work, she's close to a
breakdown, my health has suffered because of all the thinking, and my
parents have sufferred because I have not been able to take care of
them. I never have cried so much at my helplessness as I have cried in
the last one year.
One thing I have realized about the US is that it is no different than
any country. Like any other country, the exploitable are always
exploited. (The big companies are not willing to fight for the welfare
of their employees. They fight to get more people into the country to
exploit.) Like any other country, the only thing that gets politicians
excited is money and votes. (Why do we need so money to lobby the
politicians? Isn't freedom and justice reasons good enough?) Like any
other country, it discriminates between the have and the have nots. It
is a country that has no respect for people. (Ask anyone who goes for
a visa stamping in the US embassy in India. I have seen old people and
ladies with small kids spend hours in the hot Chennai Sun to enter the
embassy for an appointment, just to be spoken rudely by the Visa
office. There was not even a shelter outside to block the sun. I have
never seen people turn into US haters so soon). It is a country that
wants our brains, but is not willing to show a heart.
Some people may argue that I have the freedom to quit my job and go
back to my country. But that is not freedom enough. I want the freedom
to choose when I want to go back. Its not easy to pack 8 years of your
life in a jiffy. Its not easy to pack 8 years of your life into 2
suitcases. Neither is it easy to restart your life in a different
place, even if its your own. It reminds me of an Indian saying -
"dhobi ka kutta - na ghar ka, na ghat ka". It means, a washerman's dog
belongs neither to the house nor the river banks. Thats me in a
nutshell, a "dhobi ka kutta."; a washerman's dog!!!
ps: I love this country as much as I love my own. But I wish this country loved me back as well.
more...
behind ear tattoos. Ear Tattoos
IVFOREVER
04-30 03:04 PM
SO IF they move PD's to 2006 dec then there is aposibility that all 2006 pd 's get GC's before 2001 pd's.:mad:
behind ear tattoos. Star Behind Ear Tattoo New
chandsri81
05-14 07:19 AM
Hi
BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them
Chandana
BOA is now asking me for I-94. In my I-94 it is stamped as"Paroled until July 29th 2010" - will they interpret this as my valid stay in the US being only till July 29th? Not sure how I can explain this to them
Chandana
more...
behind ear tattoos. them ehind your ear.. make a
jimytomy
05-24 09:56 AM
Contributed $100 . Good way to start long weekend !
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
Receipt ID: 2168-6313-9515-3493
Have a nice Week End !
- JimyTomy
______________________
EB3 India
behind ear tattoos. Celebrity Ink - Evan Rachel
hitpauler
06-10 04:41 PM
When do you think would EB2-I hit Feb 2005? Before this year end?
more...
behind ear tattoos. Behind the ear tattoos do not
vbkris77
04-30 03:04 PM
I called and left VMs, I am also reaching my contact in Senator Amy Klobuchar's office.
I will positively hear from her by Monday and I will keep you posted. I am asking her to co-sponsor the effort.
This is just in. Thanks for posting Leo07.
Please Please Please call Cornyn office right now.
I will positively hear from her by Monday and I will keep you posted. I am asking her to co-sponsor the effort.
This is just in. Thanks for posting Leo07.
Please Please Please call Cornyn office right now.
behind ear tattoos. ankle, ehind her ear and
lonedesi
08-12 04:04 PM
The answer is "No" - my employer is also not willing to sign that form. They are saying that its against their policy to push Ombudsman or CIS for a I-140 which is pending for 15 months.
They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.
This is a huge Pain because 140 is actually employer petition and we are beneficiaries.
Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.
As mentioned in my previous post (http://immigrationvoice.org/forum/showpost.php?p=274156&postcount=32), it would not be of much help without completed DHS Form 7001.
If all you can do is send a letter, then be prepared to just receive a general response from the Ombudsman's office. They will never be able to look into your specific case and see if there are any reason for the delay in processing your case. They may not be obligated to specifically address this problem for us. They can just send you a standard response and move on without actually helping you.
Given your situation, I think you may as well take a chance and send the letter including all the details(A#, receipt numbers etc) provided on the DHS Form in your letter, so that they can atleast look into your case, if they want to.
They are saying that the only thing they can do for me is "opening a service request" after 60 days of "Processing Date Update" Now Processing Date update is stuck @ Mar 22nd 2007 for last 4 months , so they are happy they are not obligated to do that either.
This is a huge Pain because 140 is actually employer petition and we are beneficiaries.
Lonedesi - Please advise, I'm ready to mail just the letter to CIS Ombudsman.
As mentioned in my previous post (http://immigrationvoice.org/forum/showpost.php?p=274156&postcount=32), it would not be of much help without completed DHS Form 7001.
If all you can do is send a letter, then be prepared to just receive a general response from the Ombudsman's office. They will never be able to look into your specific case and see if there are any reason for the delay in processing your case. They may not be obligated to specifically address this problem for us. They can just send you a standard response and move on without actually helping you.
Given your situation, I think you may as well take a chance and send the letter including all the details(A#, receipt numbers etc) provided on the DHS Form in your letter, so that they can atleast look into your case, if they want to.
more...
behind ear tattoos. a prison tattoo on her ear
lonedesi
08-11 12:56 PM
Hi All
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.
I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?
Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.
behind ear tattoos. ehind ear tattoos for girls.
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).
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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behind ear tattoos. small tattoo behind ear
kalinga_sena
04-30 02:59 PM
Aytes is talking about transformation program...
behind ear tattoos. tattoo behind the ear
raju123
06-01 04:00 PM
This might be useful to you.
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"
The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.
Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.
Example 1
The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.
Example 2
Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.
Example 3
Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.
Example 4
Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.
Example 5
Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.
Example 6
Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.
For more information about "Age Out", please click the following topics:
What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA
Hi All,
I want to know if my 19 year old son can be affected by aging out.
I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
Can someone who understands the aging out rules tell me if my son may have a problem?
Thanks in advance...
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behind ear tattoos. ehind ear tattoos
dilbert_cal
03-14 01:40 AM
Sorry - put in the wrong thread.
behind ear tattoos. ear-tattoos
GCwaitforever
06-20 02:44 PM
One of my friends received labor approval from Philly. His priority is October 2003, EB3, Non-RIR. Of course, my PD is from November 2001 and one other guy's is from August 2002. They were not processed, but my friend got a break from the drab BEC. Strange things happen in life. :)
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priti8888
07-23 06:39 PM
Same thing came in my mind too....
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
we are EB3 India---
it must be EB2 or a Schulde A nurse
anyway it good to know that someone got GC...
we are EB3 India---
behind ear tattoos. rihanna tattoo pictures
rockstart
03-09 11:41 AM
Between July & August do you think it will cross 1.5 years taking all of 2006 & half of 2007 applications? Considering VdlRao's data which is 70K applications pending for 2006 I am not sure it will work thought I am still hopeful that 2005 will pass quickly since there are few PERM applications.
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Macaca
09-12 07:35 PM
Macaca-
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
The best solution is to write the years you spent on F1 and H1B. You can add your additional pains also.
This will change each email also.
If only wait times were as little as 2 yrs and 7 yrs...I might not even be fighting!!!
"Currently it takes 7+ years (after 2+ years on student visa) to become a resident."
This is not true in most cases. The F1 might be for 2 yrs minimum + 1 year EAD + at least 2 yrs on H1B before the GC process starts. Then its 7+ years...
So overall, we are talking 10+ years to get permanant residency in a majority of cases.
"Skilled immigrants have waited patiently for 2+ years"
Are we just talking about 2 yrs to see if there is going to be some reform?
If you don't want to get into the trouble of debating how many years, just say that it is unreasonable....
The best solution is to write the years you spent on F1 and H1B. You can add your additional pains also.
This will change each email also.
ItIsNotFunny
10-24 04:26 PM
Good job GCWonder & cnachu2.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
I got few PM from senior members that they sent mails too. Please do not loose the momentum - keep sending mails.
ilwaiting
07-06 12:19 PM
Lets call it "Re Revised Visa Bulletin". Non-Existent sentence.
What are they trying to do?
What are they trying to do?
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