Totoro
05-06 05:55 PM
Understandable that Economic Stimumus Package is not a federal recuring benefit. However, ITIN holders (H4s) are eligible to claim child tax credit, why not this stiumuls benefit?. They should be given this benefit if they meet residency requirement. One should contact IRS to include ITIN holders to clain this benefit.
The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.
One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.
The IRS cannot make exceptions, since it is written in the law. However, the Social Security Act does not say that the benefit has to be recurring. I did get a reply today from the SSA. They claim the stimulus payment is a tax rebate, not a benefit. However, it cannot be a tax rebate, since the law was written to allow people with no income to apply for the check. There are even instructions on the IRS website that explain how people with no income can apply for the check. I am in the process of getting the opinion of an attorney. I will update you soon.
One last thing. I recommend that any discussions you have with the SSA be in writing. The SSA manager wanted to discuss this with me over the phone, but I insisted on written correspondence, because that is the only proof you have if this ever goes to litigation. The documents I have gotten so far already contain errors and contradictions that could be helpful in a legal case.
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kate123
02-13 05:25 PM
I agree.. Let us focus on the main agenda "APPLYING FOR AOS WHEN PD NOT CURRENT"
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
I read through your reply, however, I found it extremely hard for me to accept your points. You've been probably on EAD too long to remember what a dire condition you came from as an H1B worker. Let's look at it:
As an AOS, you can:
- Work for any employer
- Not work at all
- Travel out of the country without worrying visa delay
- When you got laid off, no need to worry about being out of status or restarting GC
As an H1B worker:
- If you are laid off, everything, years of wait, thousands of dollars, down the drain, and the whole family becomes out of status immediately. And in this dire economy, this is a sword hanging on the head of every H1B worker.
- Worry about re-entry visa each time you travel
With such a huge different, I can hardly convience myself that EAD is 'useless' or 'waste'. True, you'll need to work for same or similar job, but compared to the benefit, it is not nearly as big a problem faced by H1B workers day by day.
santb1975
05-01 04:21 PM
Did we reach 10K yet?
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ameryki
06-27 11:04 PM
Did you sent photo? If not then you can be sure.
nope didn't send photos
nope didn't send photos
more...
delhiguy79
07-29 09:45 AM
Hey guys,
I hope u all may ve recieved the I-140 Reciept Notice by now.....
So lets track whose I-485 has been sent by now....
I will submit my papers to my employer tomorrow and he may send it by this week....
I hope u all may ve recieved the I-140 Reciept Notice by now.....
So lets track whose I-485 has been sent by now....
I will submit my papers to my employer tomorrow and he may send it by this week....
smuggymba
03-27 09:36 AM
You came here 6 years ago and applied for your GC only in 2010. Didnt you find an employer who would file one for you. And you also know if your GC gets screwed for some reason, then you are out of the US also.
Looks like something is missing, Dear.
6 years ago, in 2004 (2010 minus 6 years), there was no retrogression. And you didnt apply though you had an option. Very very funny.
Tell me, what are the facts.
I came in 2005 and was eligible in 2006 for EB3 as per company's policy. There was huge retrogression then and I was hoping EB2 would be better for GC and career. Anyway, that's not the point.
One thing I like is that people are acknowledging the porting is a loophole and plan to use it anyway since it suits them.
Looks like something is missing, Dear.
6 years ago, in 2004 (2010 minus 6 years), there was no retrogression. And you didnt apply though you had an option. Very very funny.
Tell me, what are the facts.
I came in 2005 and was eligible in 2006 for EB3 as per company's policy. There was huge retrogression then and I was hoping EB2 would be better for GC and career. Anyway, that's not the point.
One thing I like is that people are acknowledging the porting is a loophole and plan to use it anyway since it suits them.
more...
brb2
09-27 09:01 AM
Total immigration numbers, not employment. The direct references in the report are:
Figure 3 Page CRS 9.
For the 2005 numbers, I approximated, using Appendix A on page CRS-22, which covered the top 50 countries sending immigrants and that was around 87% of the total.
Sorry - I can't currently access the report you quote your oringinal figures from at the beginning of your quote. Are these numbers of total immigration, or immigration in the highly skilled category?
Figure 3 Page CRS 9.
For the 2005 numbers, I approximated, using Appendix A on page CRS-22, which covered the top 50 countries sending immigrants and that was around 87% of the total.
Sorry - I can't currently access the report you quote your oringinal figures from at the beginning of your quote. Are these numbers of total immigration, or immigration in the highly skilled category?
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scamp
05-10 09:27 PM
Hi,
My company just laid off although I am not one of them my question is can i stiil apply labor certification substitution?
Thanks.
My company just laid off although I am not one of them my question is can i stiil apply labor certification substitution?
Thanks.
more...
chanduv23
02-07 12:33 PM
Come on dear community members - lets all kake this campaign a great success. Please keep this thread on top
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ghost
06-30 01:23 PM
Mods, could you please bump the "This Election Day, vote for Team IV! " thread started by Randall to the top of the list or place it along with the *NEW* Headlines/Announcements?
IMO, the visibility of this thread is important to ensure that we meet the pledge goal.
Thanks in advance!
IMO, the visibility of this thread is important to ensure that we meet the pledge goal.
Thanks in advance!
more...
dc2007
07-02 05:17 PM
Anybody has experience with ILTC (New York) ?
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jchan
02-12 04:06 PM
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State’s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month’s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State’s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month’s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
more...
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satishku_2000
09-21 07:29 PM
Little off the topic but interesting.
http://online.wsj.com/public/article_print/SB118980966247828081.html
http://online.wsj.com/public/article_print/SB118980966247828081.html
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rimzhim
02-12 11:32 AM
Simple and yet we have not acted purposefully. I have a strong feeling that this visa grab is still going on. HLG has sent out another immigration alert to all registered emails, similar to one posted on Feb 9, 2007. . And I quote a bit
Stopping this 'unused visa grab' for only one section of retrogressed and demanding it for all retrogressed is a sure WIN for us, if it happens; if it is stopped, it will make a tectonic shift the focus to the whole gamut of issues of retrogression, backlogs etc and will put more pressure on Congress to act.
I have seen and read all the posts in this thread started by me. I appreciate all points and posts, particularly by core team.
The least we can do is write and fax to Congress and demand. The IV team should set up a fax, so that each of us here can protest these moves by Congress without considering other severely backlogged applications. For this I propose a simple message.
Next one/two days are crucial. Let's make a difference.
Note:
1) In the above, I am trying to be focused, addressing one issue at a time. Backlogs, Slowness, Finger Prints are also other genuine issues. Let us stop the greedy stealing by HLG and their ilk.
2) If for whatever reason IV will not come up with a web fax, a few of us must act individually and let the congressmen and senators know of our protest. I had faxed to a few Congressmen and Senators, from the fax machine at my workplace. Believe me, these types of protests have worked in the past.
nurses are needed in hospitals. ever been to one in the US? there is a big shortage of nurses. opposing numbers for nurses is unethical, because lives are saved in hospitals, and will show us in poor light.
Stopping this 'unused visa grab' for only one section of retrogressed and demanding it for all retrogressed is a sure WIN for us, if it happens; if it is stopped, it will make a tectonic shift the focus to the whole gamut of issues of retrogression, backlogs etc and will put more pressure on Congress to act.
I have seen and read all the posts in this thread started by me. I appreciate all points and posts, particularly by core team.
The least we can do is write and fax to Congress and demand. The IV team should set up a fax, so that each of us here can protest these moves by Congress without considering other severely backlogged applications. For this I propose a simple message.
Next one/two days are crucial. Let's make a difference.
Note:
1) In the above, I am trying to be focused, addressing one issue at a time. Backlogs, Slowness, Finger Prints are also other genuine issues. Let us stop the greedy stealing by HLG and their ilk.
2) If for whatever reason IV will not come up with a web fax, a few of us must act individually and let the congressmen and senators know of our protest. I had faxed to a few Congressmen and Senators, from the fax machine at my workplace. Believe me, these types of protests have worked in the past.
nurses are needed in hospitals. ever been to one in the US? there is a big shortage of nurses. opposing numbers for nurses is unethical, because lives are saved in hospitals, and will show us in poor light.
more...
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gc_lover
07-05 11:18 AM
Just called USCIS and told her that My application was mailed on Jun 28th and it got delivered on July 02. I also told her that my PD is May 2003 (hence i'm eligible to file in June)..
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
Please don't get your hopes up my friend. It's coming back...anything on July 2nd is coming back!
She told me that since i mailed it in June and this Notice goes into effect in July 02 my application WILL NOT be rejected... She asked me to wait for receipt notice :)
GOING CRAZZZZZZZZZZZYYYYYYYYYYYYYYYYY
Please don't get your hopes up my friend. It's coming back...anything on July 2nd is coming back!
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pmmo
10-25 11:44 PM
Hi,
Thought this may be some helpful information. I contacted an attorney and she showed me a recent circular (dtd. Spet 26) from AILA about premature I-485 approvals and how that can be corrected through an AILA liasion. So, Alias, looks like your attorney followed the same procedure.
Thought this may be some helpful information. I contacted an attorney and she showed me a recent circular (dtd. Spet 26) from AILA about premature I-485 approvals and how that can be corrected through an AILA liasion. So, Alias, looks like your attorney followed the same procedure.
more...
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fearonlygod
09-28 04:10 PM
Hi All,
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
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grupak
06-24 11:35 AM
Time taken for the calls; a few minutes
Cost to make these calls; a few cents
The feeling afterwards................PRICELESS!! :)
That's the beauty of working together. Individual efforts and contributions are small but adds up.
Participate. Also there is a funding drive. Contribute what you feel comfortable.
Cost to make these calls; a few cents
The feeling afterwards................PRICELESS!! :)
That's the beauty of working together. Individual efforts and contributions are small but adds up.
Participate. Also there is a funding drive. Contribute what you feel comfortable.
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qasleuth
03-05 09:25 AM
Count me in for the contribution...
me too
me too
prem_goel
08-19 04:30 PM
Anyone else having problem or I am the only one?
I worked with Fragomen for my GC and H-1B application. I didn't had any complaints/issues with them. They followed up with me (twice) for renewing EAD & AP, but I went ahead and did it on my own. One thing I've observed though with Fragomen is their administrative office makes a number of mistakes sometimes. Like for me, I got invoices in error a number of times which when I worked with my attorney were taken care of. Also, on their client portal I noticed my receipt numbers were erroneously entered, which when I reported to them were corrected. I guess that could happen in any law firm. Overall my experience was good!
I worked with Fragomen for my GC and H-1B application. I didn't had any complaints/issues with them. They followed up with me (twice) for renewing EAD & AP, but I went ahead and did it on my own. One thing I've observed though with Fragomen is their administrative office makes a number of mistakes sometimes. Like for me, I got invoices in error a number of times which when I worked with my attorney were taken care of. Also, on their client portal I noticed my receipt numbers were erroneously entered, which when I reported to them were corrected. I guess that could happen in any law firm. Overall my experience was good!
Sideliner
03-13 04:49 PM
Also, as we know the severity of the retrogation is not completely due to visa number unavailability. USCIS never used the full 140k - many years - due to the inefficiency of their process, FBI name check backlogs, may be work force shortage etc. We are beginning to see some improvements in those areas. There is an increased awareness of EB backlogs due to efforts of IV. I would say, the future is looking promising.
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