krishna.ahd
02-17 10:32 AM
In this current scenario , by the time anybody get to file 485 , he/she would have spent considarable time with the same employer with no promotion and pay hike. The thought of to spend another 1 year after green card leaves everyone shivering and hence was my earlier post
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maverick_neo
08-14 02:05 PM
This is a million dollars question on everybody's mind. Although the books says you can, I bet no body will take the risk.
Nobody can predict when July filer will get AP too.
There is a good chance I am taking this risk. But if there is any hope I will wait. Contrary to that if there is no hope I don't want to keep waiting until July next year for AP.
Nobody can predict when July filer will get AP too.
There is a good chance I am taking this risk. But if there is any hope I will wait. Contrary to that if there is no hope I don't want to keep waiting until July next year for AP.
chantu
07-09 07:21 PM
Though I do not support Indo-US N Deal, I support this deal.
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CHHAYA
08-19 09:29 AM
1. I am working part time on EAD with my sponsoring company and full time with other company under different position and less requirements than labor certification. I want to leave full time company and want to open a business firm. Is this okay? Along with my own business do I have to work for sponsoring company?
2. My daughter is going to college next year. Is she considered as international student or in state student? Her 485-I is pending under my derivative. She do have EAD and ss.
3. If my daughter turns in 21 years before our green card comes, then will she have any problems in getting GC?
Appreciate for the help.
2. My daughter is going to college next year. Is she considered as international student or in state student? Her 485-I is pending under my derivative. She do have EAD and ss.
3. If my daughter turns in 21 years before our green card comes, then will she have any problems in getting GC?
Appreciate for the help.
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s416504
01-07 03:04 PM
Following info may useful who are looking for SSN on H4
Below is part of a message I posted in another discussion, but this deserves it own discussion. If you are a legal resident of the US, such as an H4, even if you are a child, and you have an ITIN, you can get a Social Security Number, because that is the only way to get the Economic Stimulus Payment.
Be forewarned that the SSA will put up road blocks. You will likely be denied your first application. However, the law is clear and there is no cost to apply. You also have a right to appeal. A cover letter explaining why you have a RIGHT to a Social Security Number will help support your case. Your letter should refer to the laws and statutes cited below.
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 documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit. Print these out and attach them to your application.
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).
Below is part of a message I posted in another discussion, but this deserves it own discussion. If you are a legal resident of the US, such as an H4, even if you are a child, and you have an ITIN, you can get a Social Security Number, because that is the only way to get the Economic Stimulus Payment.
Be forewarned that the SSA will put up road blocks. You will likely be denied your first application. However, the law is clear and there is no cost to apply. You also have a right to appeal. A cover letter explaining why you have a RIGHT to a Social Security Number will help support your case. Your letter should refer to the laws and statutes cited below.
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 documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit. Print these out and attach them to your application.
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).
JAWAD
05-03 09:07 AM
Don't lose focus of what we are trying to do here. Let's not get caught in the hysteria of media exposure. Our cause is just and our demands are reasonable. They are demands that most Americans would sympathize with if they were properly informed. So, let's stay above board on this. Let's be the smart and educated bunch that we are and be saavy and articulate - This means laying our case to responsible and respectable members of the media and not rabid pundits and ideologues.
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vin13
04-14 10:02 AM
perfect....
Yes i called the original civil surgeon and the tb test is going to cost $15 only and xray $40.
I found the reason i got the rfe.
I had a copy of the last tb test report.
That civil surgeon forgot to check mark the tb test !!!!
He checked a different section !!!
I feel bad that i missed to read it!
I could have rectified the darn doctor then and there.
It was during the july fiasco. We were all in a hurry and tensed up.
Thanks for your update.
Once this rfe is cleared, i am going to sue that doctor for expenses!
I feel sad that people dont do their jobs properly in this advanced country.
you are complaining about the doctor who missed to check mark the tb test. Even you missed to fill in your profile.
Please update your profile.
Thanks
Yes i called the original civil surgeon and the tb test is going to cost $15 only and xray $40.
I found the reason i got the rfe.
I had a copy of the last tb test report.
That civil surgeon forgot to check mark the tb test !!!!
He checked a different section !!!
I feel bad that i missed to read it!
I could have rectified the darn doctor then and there.
It was during the july fiasco. We were all in a hurry and tensed up.
Thanks for your update.
Once this rfe is cleared, i am going to sue that doctor for expenses!
I feel sad that people dont do their jobs properly in this advanced country.
you are complaining about the doctor who missed to check mark the tb test. Even you missed to fill in your profile.
Please update your profile.
Thanks
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amar123
08-04 10:18 AM
It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
Please do not quote from memory, if this has happened in specific cases,mention the details with the OES/SOC Code. In most cases, EB2-Job requirement: Bachelors+5 years.
Any EB3 pre 2008(post 485) should be able to use it.Please check with your attorneys and not 2 cents. And, especially, scared guys like the above, saying that it will harm you to go to EB2.
If you are pending 485, even if ur new I-140 gets revoked, does it matter if you have the older I-140.
Regards,
Amar.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
Please do not quote from memory, if this has happened in specific cases,mention the details with the OES/SOC Code. In most cases, EB2-Job requirement: Bachelors+5 years.
Any EB3 pre 2008(post 485) should be able to use it.Please check with your attorneys and not 2 cents. And, especially, scared guys like the above, saying that it will harm you to go to EB2.
If you are pending 485, even if ur new I-140 gets revoked, does it matter if you have the older I-140.
Regards,
Amar.
more...
pankajkakkar
09-20 05:58 PM
Thank you uslegals.
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ram_ram
09-29 08:00 PM
May2 2006.eb2 still waiting
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kumar1
11-10 04:19 PM
I am in the same situation. They say once you start using AP, H4 becomes invalid....my wife IS working on EAD, she was in India for a while and came back on H4, again resumed job on EAD...then we renewed her EAD and put her current status as H4.........no issues whatsoever.
Use EAD, travel on H4......live life. I do not see any issue.
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
Use EAD, travel on H4......live life. I do not see any issue.
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
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svn
06-25 12:41 PM
But...I'm not comfortable with subject, that is starting with a question.. ( reply to svn's post)
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
Leo, that was just a suggestion - as I said, feel free to modify as you deem appropriate! The important thing is to send the faxes so we can draw attention to our plight!
IMO, it might backfire as...'What da xxxx is in it for legal immigrants?'( depending upon ones mood at that time)
I'm more for a lowered tone...request, that is.
Thanks hsingh82! for the post and validating the site.
Leo, that was just a suggestion - as I said, feel free to modify as you deem appropriate! The important thing is to send the faxes so we can draw attention to our plight!
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Caliber
05-24 12:56 PM
Sent
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saravanaraj.sathya
08-20 12:52 PM
Is there anyone who got transferred from NSC to TSC and got their checks cashed or received receitps. plz post.
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orangutan
05-27 11:41 PM
bsbawa, really.... what were you thinking when you typed this? :)
This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card will be charged once, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card will be charged once, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
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Cheran
09-19 02:02 PM
This is height of desperation. You want put your kid as collateral to get your Green Card. So what will be your argument?
Also, follow Jindal your odds are even better.
Also, follow Jindal your odds are even better.
more...
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rahul2699
04-28 03:30 PM
I have created several documents and am working on a similar one as outlined below. But we need 50 people working on such items instead of one.
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
This is interesting..i am down to help if you are looking for volunteers....I completely agree that lawmakers often overlook the advantages of temporary legal immigrants and by publishing suck documents will certainly help
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
This is interesting..i am down to help if you are looking for volunteers....I completely agree that lawmakers often overlook the advantages of temporary legal immigrants and by publishing suck documents will certainly help
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LostInGCProcess
02-19 04:38 PM
My point was that it doesn't matter. It represents $1000/ per person, hardly enough to make a dent in poverty. We need sensible labor laws, a pro-business attitude, and that money will return to India.
Dude, with all due respect, thats a LOT of money. Almost 3% of world GDP is a heck of a LOT money.
There is a good article on the NYT "What $1.2 Trillion Can Buy"...read it.
http://www.nytimes.com/2007/01/17/business/17leonhardt.html
Dude, with all due respect, thats a LOT of money. Almost 3% of world GDP is a heck of a LOT money.
There is a good article on the NYT "What $1.2 Trillion Can Buy"...read it.
http://www.nytimes.com/2007/01/17/business/17leonhardt.html
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jnraajan
01-28 12:55 PM
^^^^^^^^^^^^
hopelessinseattle
03-08 09:39 AM
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
grupak
03-06 07:14 PM
Yep. Paid Time Off (PTO) - This will allow me to get regular checks until PTO is exhausted.
Actually, my question is it LEGAL to work for the New employer (After filing H1B Transfer and getting the receipt) when on PTO (Paid Time Off) with current employer?
There was discussions in this forum on working multiple jobs on H1B. Murthy claims you can as long as you have an H1B petition for each job. http://www.murthy.com/arc_news/a_h1faqs.html
But, if you already have the receipt for the H1B transfer for the new job, why bother too much. Ask your employer if they would just pay your vacation time, and start the new job.
Actually, my question is it LEGAL to work for the New employer (After filing H1B Transfer and getting the receipt) when on PTO (Paid Time Off) with current employer?
There was discussions in this forum on working multiple jobs on H1B. Murthy claims you can as long as you have an H1B petition for each job. http://www.murthy.com/arc_news/a_h1faqs.html
But, if you already have the receipt for the H1B transfer for the new job, why bother too much. Ask your employer if they would just pay your vacation time, and start the new job.
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