Green.Tech
05-23 03:19 PM
Keep the contributions coming guys! These bills are a golden opportunity for us...We don't want IV to stop short of funds on its efforts, do we?
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javaconsultant
10-11 04:33 PM
vparam...
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
Thanks for your detailed anwers.
have you opened your own LLC currently while on EAD?
For all those who have sent PM.... Please note I am not an attorney or accountant... But then I had consulted my account and few attorney's ( paid the required fees to get them answered)... So please use your own judgement/caution.
1. Yes you can open a LLC singly or jointly with your wife/friend/anyone.
2. You can start the LLC even when you are on H1B but it is better that you wait till you get your EAD to get oprationalized. reason very very conservative view is that you cannot even write a check for your company or deposit a check... but this is a very conservative view....
3. To open a LLC you can use an accountant ( if you have one, it will be cheaper by a couple of hundred dollars) or use agencies like www.legalzoom.com/legalzip/LLCs/llc_procedure.html .... I have used both in the past....
4. Intially you can just form LLC as single or joint partnership and then elect as S corporations for taxing.... I forget within which period it is to be done, if I correctly remember when you file your first tax return or within 6 months you need to elect as filing as single person entity( then it becomes like your personal income) or you could elect as S corp....
5. You will a tax id for the LLC, business license and other documents when you form a LLC, You will need to maintain book and tax records for 3 years... best to have it managed by an accountant
6. You/ your spouse can work for your LLC.... Some of you if you want to after 180 days change employers can move into your LLC and maintain that you are employed in same occupational duties for your own LLC...
Hope I have been able to answer your questions....:cool:
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amitjoey
07-13 04:45 PM
Having some samples loaded will help other members in contacting. I agree that personal story will be more effective but atleast we will know format of request.
Thanks.
-------------Template--------------------------------------
Dear Senator
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS), other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work for any employer- this was still a welcome change. Especially, for dependent spouses who are otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. Hundreds of millions of dollars were spent by thousands of immigrants in preparation of their application. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience. These are people that are in the country legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request with the hope that people who played by the rules will be rewarded.
Thanks.
-------------Template--------------------------------------
Dear Senator
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS), other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work for any employer- this was still a welcome change. Especially, for dependent spouses who are otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. Hundreds of millions of dollars were spent by thousands of immigrants in preparation of their application. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience. These are people that are in the country legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request with the hope that people who played by the rules will be rewarded.
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pbojja
09-11 10:58 PM
when do we all send it? should we wait for oct 2nd?
Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)
Lets get it started this week end ..our goal should be getting follwoing answers from CIS and DOS ..
Dear DOS,
On what basis dates are moved to PD 2006 for India and China during Aug and September ? Is there a memorandum which justifies this move ?
Dear USCIS,
1> On what basis you are processing the applications ? Receipt Date,Notice Date or Priority Date ? How can you justify approving 2006 cases
2> How many 485 applications are pending for India and China , year wise ? Why is it so difficult to publish ? why are we in dark and guessing things ?
3>What the customer service is for ? your 1-800 number information is so use less ...Why can not they even inform us about our Priority date or Name Check cleareance ? And the service tickets are next to useless
Dear TSC and NSC ...
1> How come your processing dates are going back wards ? How can you justify that ?
Can some one please post the addresses ? I will send the books including letters this week end .
Dont worry about spam ..we have every right to express our selfs ...we are in free country as they say
Also is it a crime to send such letters in bulk to a govt agency?(kinda spamm?)
Lets get it started this week end ..our goal should be getting follwoing answers from CIS and DOS ..
Dear DOS,
On what basis dates are moved to PD 2006 for India and China during Aug and September ? Is there a memorandum which justifies this move ?
Dear USCIS,
1> On what basis you are processing the applications ? Receipt Date,Notice Date or Priority Date ? How can you justify approving 2006 cases
2> How many 485 applications are pending for India and China , year wise ? Why is it so difficult to publish ? why are we in dark and guessing things ?
3>What the customer service is for ? your 1-800 number information is so use less ...Why can not they even inform us about our Priority date or Name Check cleareance ? And the service tickets are next to useless
Dear TSC and NSC ...
1> How come your processing dates are going back wards ? How can you justify that ?
Can some one please post the addresses ? I will send the books including letters this week end .
Dont worry about spam ..we have every right to express our selfs ...we are in free country as they say
more...
senthil1
08-04 05:29 PM
H1b and GC are sponsered by employer and they have to pay. If employer asks employee to pay the expenses then that company is not legitimate and persons should avoid joining those companies. Most reputed companies will pay all the expenses of GC and H1b. Some will ask employees to pay for dependents EAD,AP etc.
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
There's no law that employer should borne the cost of GC. I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs. I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer. I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade. There are atleast 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
Consulting companies ask employees to pay GC and H1b if employees want to work hourly. That means employees wanted more money and they are taking risk(Also working hourly is against the H1b regulations as they have more chance for falling out of status).
There's no law that employer should borne the cost of GC. I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs. I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer. I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade. There are atleast 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
valuablehurdle
06-21 01:16 PM
My Lawyer filed 20 cases for labor since January '07. None have neen approved yet as of today.
Labor filed: April 15th, '07 EB2 'In Process'
Labor filed: April 15th, '07 EB2 'In Process'
more...
indio0617
03-16 10:13 AM
Got through this time. Same answer... that they will resolve it soon.
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rennieallen
10-01 09:16 PM
After the july fiasco, USCIS need not have to worry about recieving huge applications if they move the dates forward. Since almost all the folks (except for folks stuck at BEC) would have turned in the applications uscis should be able to move the dates forward for FY08 to a big extent , so that visa numbers are not wasted.
but again it all depends on how they view this.These are cry from our end..
Yup, because of July '07 there will be no wasted visas for several years...
I am wondering whether USCIS made that mistake on purpose, after the immigration reform thing failed in congress?
but again it all depends on how they view this.These are cry from our end..
Yup, because of July '07 there will be no wasted visas for several years...
I am wondering whether USCIS made that mistake on purpose, after the immigration reform thing failed in congress?
more...
addsf345
11-20 03:38 PM
Some benefits can be revoked automatically (I-140, I-485), some can be revoked only after determination is made by USCIS and a beneficiary is notified and has an opportunity to respond. EAD is one of the latter.
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
See e.g., 8 CFR Part 205 titled "Revocation of approval of petitions". It has two sections: 205.1 Automatic revocation and 205.2 Revocation on notice.
http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=203798478322+8+2+0&WAISaction=retrieve
EAD is not listed in Sec. 205.1. Moreover, 8 CFR �274a.12(c) specifically lists reasons for automatic revocation. I-485 denial is not listed as such a reason. Therefore, EAD remains valid even after I-485 denial untill it expires or until USCIS director revokes it. I do not see any basis for a different legal interpretation.
See also this court of appeals (8th Cir.) decision where the court says that automatic revocation occurs only if a specific condition specified in the laws and regs is met:
http://bulk.resource.org/courts.gov/c/F3/399/399.F3d.891.04-1132.html
"The district court thought that her adoptive father's petition for immediate relative status was automatically revoked when Taylor reached age 21, pursuant to 8 C.F.R. � 205.1(a)(3)(i)(F), but the record does not appear to support that conclusion. The automatic revocation occurs only if the alien reaches age 21 before commencing her journey to the United States (which Taylor did not) or if the alien reaches age 21 before a decision on a pending application for adjustment of status becomes final (and there is no evidence in the record that Taylor ever applied for adjustment of status). See 8 C.F.R. � 205.1(a)(3). Thus, it is possible that the petition for immediate relative status was not revoked when Taylor reached age 21, but rather � if the 1984 visa petition was "currently valid" as of her 21st birthday � automatically converted to an approved petition for classification as an unmarried daughter of a citizen of the United States, pursuant to 8 C.F.R. � 204.2(i)(2). See 8 U.S.C. � 1153(a)(1). In that case, Taylor may have been legally present throughout her time in the United States."
Thank you 'lazycis' for reconfirming this. Just 2 weeks back I used to think that keep working on H1B is lot safer than using EAD :o
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Jimi_Hendrix
11-11 01:08 AM
We are 7 in all now and growing:)
more...
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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Green.Tech
05-30 04:14 PM
Back to the top!
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singhsa3
07-20 04:07 PM
Not really, your I-485 information has to be put in the system first.
If I am first in the list, base don the claculation, I will get it in 5 minutes,Thats true, the last person will have to wait for 20 months:)
If I am first in the list, base don the claculation, I will get it in 5 minutes,Thats true, the last person will have to wait for 20 months:)
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mrajatish
04-26 10:00 AM
On a side note, some countries have treaty with US where there SS/Medicare is moved to the SS/Medicare systems in these countries. If India/China had these treaties, we would be well served. Instead of asking the US govt. to fix the problem, we should push our governments to solve this - I believe NASSCOMM has been trying something like this.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
And this is a completely separate issue from getting GC here, if you want GC here, you should focus on getting that instead of getting your SS back. However, there might be a percentage who wants to go back after 6 years in H1 and they should form an alliance and push the Indian/Chinese/other govts to act on their behalf to get their money back.
It is important that we get a single message across to law makers now - reduce Green card wait times and make employees less dependent on the whims of the employers regardless of your category of application and country of birth.
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p_kumar
09-30 04:19 PM
My EB3 PD is Oct 2003. I-140 approved and I-485 ND is July24th.when can i expect to get the green card?. thanks in advance.
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arunmohan
10-21 06:41 PM
We are referring the Michael Yates's memo in the letter but why we not referring the Donald Neufeld's Memo?
http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf
http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf
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hazishak
07-18 10:37 PM
Obviously if a guy with PD 2002 or 2003 does not apply there is no way he can get the AOS approved.
But do you mean a guy with PD '2007 May' applies now and a guy with PD '2000 March' (for some unkown reason) applies in 'Oct 2007'. Assuming that the PD cut off date retrogressed to '2000 March' then the guy with '2007 May' PD but with RD '2007 July' would be in a better shape than a guy with '2000 March' PD but with RD '2007 Oct'.
You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.
But do you mean a guy with PD '2007 May' applies now and a guy with PD '2000 March' (for some unkown reason) applies in 'Oct 2007'. Assuming that the PD cut off date retrogressed to '2000 March' then the guy with '2007 May' PD but with RD '2007 July' would be in a better shape than a guy with '2000 March' PD but with RD '2007 Oct'.
You guys are mistaken one thing. No matter what PD has to be current at the time of I-485 processing. But if both applicant have PD current than RD comes into play. Other than that RD does not play any role at all.
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Keeme
03-06 05:32 PM
Few observations based on thread postings
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
Possibility 1: Could be renewal of fingerprints as most of these 485 were filed befoe 16-17 months and FP life is 15 months. A memo was issued that they will reuse this FPs and won't ask another FPs if 485 takes longer than 15 months.
This possiblility is quetioned by so many RFEs ! Why so many RFEs if its for FP ?
2 - It could be a preparation for adjudicating thosdands of applications as some one in this tread mentioned that spill over wouldn't be as it was last year.
Also, current Economy may force them to use larger number of FB visas for EBs for next few years.
Let's see ! I don't wonder any more why 'Hope' is the most sellable slogan for politicians/cheaters around the worlds !
1) Last year around this same time not many RFE/LUD were seen.
2) Most of these cases with RFE/LUD are either EB2 around 2005-2006 or EB3 2003-2004
3) My Lawyer based out of IL confirming RFEs are in high volume and majority of these are Employment verification with Birth verification and Health letter verification as close second.
Now given the gov attitude and the current scenario it does not seem that they would be interested in pre-adjudication. There is something else that is going on. On the same note I am also seeing that people with dates which could possibly be current anytime this year are not seeing any LUD/RFE. If pre-adjudicating is the objective than these cases should have received the RFEs first.
Just my observation. Any input is appreciated.
Possibility 1: Could be renewal of fingerprints as most of these 485 were filed befoe 16-17 months and FP life is 15 months. A memo was issued that they will reuse this FPs and won't ask another FPs if 485 takes longer than 15 months.
This possiblility is quetioned by so many RFEs ! Why so many RFEs if its for FP ?
2 - It could be a preparation for adjudicating thosdands of applications as some one in this tread mentioned that spill over wouldn't be as it was last year.
Also, current Economy may force them to use larger number of FB visas for EBs for next few years.
Let's see ! I don't wonder any more why 'Hope' is the most sellable slogan for politicians/cheaters around the worlds !
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guy03062
03-08 09:47 AM
Please keep posting!
swissgear
08-24 01:59 PM
First be clear whats your point and then enlighten us how this supports your point.
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this.
Yeah, I was so envious about that designation, that I have to leave it risking by giving 2 months of advance notice(policy of the company to give 2 months notice) and finding an employer who could file my H1 and suffering 1 yr of constant followups with the company to get my pay and PF and so on. And forgot to mention, that if 2 months notice is not given we are asked to sign an agreement to pay back close to 10 grand.
Is this how a multinational executive gets treated who are fortunately qualified for the EB1 category and company projects you as most valuable employee for business development who would be sponsoring you EB1.
If the company really feels the need , they may as well recruit someone locally who might be much more qualified without going through all of those hassles. All this is done as part and parcel of exploiting the system and its employees.
Luckily we have a choice whether to stay or not and move on to a different status like H1.
Please let me know how this so called multinational executives are getting compensated. Whats the stock/option given to these executives. The available information shows only three days of extended stay and one week of car which they need to share with other executives. Fortunately the extended stay suites come with attached rest room. Otherwise they need to share with other multinational executives. There would be long queue in front of the shared room and eventual back log...
Yeap...we are very envious about this.
Yeah, I was so envious about that designation, that I have to leave it risking by giving 2 months of advance notice(policy of the company to give 2 months notice) and finding an employer who could file my H1 and suffering 1 yr of constant followups with the company to get my pay and PF and so on. And forgot to mention, that if 2 months notice is not given we are asked to sign an agreement to pay back close to 10 grand.
Is this how a multinational executive gets treated who are fortunately qualified for the EB1 category and company projects you as most valuable employee for business development who would be sponsoring you EB1.
If the company really feels the need , they may as well recruit someone locally who might be much more qualified without going through all of those hassles. All this is done as part and parcel of exploiting the system and its employees.
Luckily we have a choice whether to stay or not and move on to a different status like H1.
sroyc
07-11 01:37 PM
In order to avoid visa wastage, there is no �per country limit� during the last quarter, that could be the main reason for this quantum leap in EB2-I PD movement.
The per country limit was not adhered to even in the 3rd quarter. Remember how EB2 India rose like a phoenix from Unavailable to April 2004? Once they determine that there are enough visas for spillover, the per country limits don't exist. The question is how they decide to distribute it among the retrogressed countries.
The per country limit was not adhered to even in the 3rd quarter. Remember how EB2 India rose like a phoenix from Unavailable to April 2004? Once they determine that there are enough visas for spillover, the per country limits don't exist. The question is how they decide to distribute it among the retrogressed countries.
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