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  • Totoro
    05-03 09:43 AM
    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. You 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).




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  • gapala
    03-20 08:12 PM
    The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.

    you never worked for X and has been working w/o break with #2 ... u said, I believe.

    Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.

    If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
    I hope you assume this as a new H1B not a transfer or else your post is wrong.

    As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.

    According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.

    Really?

    in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)


    For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.

    Hope this helps!:)
    Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
    Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
    so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)




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  • chem2
    10-20 11:40 AM
    I applied for my spouse's PIO card (to the Houston consulate) in January, we recd it in about a month.

    Here is a list of what I sent:

    1. Two copies (with photographs) of the completed PIO application
    2. Three additional 35 mm x 35 mm photographs (not sure if this is reqd or not, some of the other consulate websites mentioned xtra photos, so we just sent them)
    3. Money order for US $385 in favor of �Consulate General of India, Houston� (includes $20 towards express mail charge for return of PIO card)
    4. Notarized copy of relevant pages of spouse's foreign passport
    5. Notarized copy of spouse's birth certificate
    6. Notarized copy of relevant pages of spouse's father�s Indian passport (proof of father�s Indian citizenship and permanent residence in India)
    7. Copy of relevant pages of spouse's mother�s Indian passport as proof of mother�s Indian citizenship and permanent residence in India
    8. Copy of relevant pages of spouse's family�s ration card showing residential address.
    9. Copy of my electric bill showing current US address
    10. Letter of employment showing proof of long term residence/ job in US.
    11. Copy of H1 approval notice and visa copy.

    We probably sent more than the minimum required, so you will have to draw your own conclusions on what to send and what to omit.

    Good luck!




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  • minimalist
    04-10 09:58 AM
    Everybody knows exercising is good. However, it is not easy to see the results of exercising. To see the results, you may have to stop exercising and then only you will realise oh, this is what exercising helps me not become.

    If you want to sit and say, let the exercise show me the results and then I will do, well it's up to you. If you are happy the way you are , fine. But, don't knock the exercise.

    Personally, I am not desperate about GC, so I never contributed except for 2 instances. One was a 100$ thank you gift for the SSN that came with EAD that got me additional 600$ tax refund. I felt IV has atleast has something to do with the visa bulletin reversal. Some may say, it could have happened even without IV, and may be correct.

    The other time is 25$ for FOIA, where I was curious to get a clear picture of how many people are in the line before me.

    Now, eventhough I don't believe in all other activities IV is doing , I don't go around knocking them down. I am sure they are trying to do the best they can and the best that they can think of. They always have an open invitation for people to join them and get involved. No, we don't want to get involved, get our hands dirty,but we want periodic updates and continuous progress.
    Well, goodluck with that.


    For those asking for money, THERE HAS NOT BEEN A SINGLE UPDATE ON ANY PROGRESS SPECIFICALLY ACHIEVED BY IV IN THE LAST YEAR AND HALF !!!

    How can you justify this? Actually, you dont have to....There are many like me who will answer questions of panicked people about how to navigate the complex immigration system but until IV can provide some concrete proof of what specifically it is doing, how exactly it is spending the money and what roadmap of progress it hopes to achieve and whether it is on its way to achieving it....the money wells will continue to be dry.



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  • thepaew
    05-29 04:16 PM
    I'll take that Air France ordeal anyday w/o compensation over an Air India first class ticket.

    European carriers are not that friendly to indian flyers. if you have a choice, try to avoid them.




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  • deepakd
    07-06 10:18 AM
    I had FREE company attorney but decided to file 485 etc. myself & it was so much better. You can easily do 140-485 etc yourself. Call me & I will tell you.

    If at all use an attorney for PERM. In my situation, even that was screwed up & I had to do that myself.

    It is high time, all of us capable of handling complex viral equations, do this simple job , spread the knowledge , save $$$ & contribute some savings to IV

    Best wishes


    Thanks Dude for your good words.
    Well, I opened this thread just to have a knowledge about this which may not be useful now or in the near future; but you never know
    I am working for a telecom giant and they use larrabee as their lawyer .
    I, atleat, have very very bad experience with larrabee in combination with my
    company's immigration department.



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  • pmat
    06-10 02:25 PM
    Found this information in the current bulletin:

    Seems like lot of predictions made by gurus in the other thread might come true.


    VISA AVAILABILITY IN THE EMPLOYMENT-BASED CATEGORIES

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment First: Current

    Employment Second:

    China and India: March or April 2006

    Employment Third:

    Worldwide: June through September 2004
    China: October through December 2003
    India: February 2002
    Mexico: Unavailable
    Philippines: June through September 2004

    Employment Fourth:

    Worldwide: It may be necessary to establish a cut-off date for September.

    Employment Fifth: Current




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  • aya2004
    06-20 01:44 AM
    Paskal, if you have read through the new bill, could you please point where the GME-IMG section ?

    thanks



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  • GCard_Dream
    03-21 04:32 PM
    The following are your words, aren't they? I am not sure how anyone could read this anything other than a suggestion that people in ROW category are unskilled and a worker from a oversubscribed country is skilled. You may be the most skilled, intelligent and smart person around here but rest of us can at least read and gather what you are trying to say.

    I have nothing against you but I wouldn't want people calling ROW folks unskilled. I know you were talking about EB3 ROW but there are ton of engineers, software designers, and many more who applied in EB3 (some by skill sets, some by force, and some by choice). They are not unskilled people by any stretch of imagination.

    .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher




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  • H4_losing_hope
    02-29 03:34 PM
    Sent my letters...

    Cheers and great username too! :)



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  • Jaime
    09-08 06:41 PM
    Let's go guys! We'll help with the airfare/busfare! Change your minds and attend! We can make this a huge event ONLY IF YOU COME!!!!




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  • ingegarcia
    06-14 09:41 AM
    Look, i sympathize with you but you SHOULD HAVE poured in some money to start a parallel PERM application ..... PERM started from APR 2005 - you got almost 2 years +

    My case is also like you but my Labor was 2 years old and applied just
    before PERM and it went straightway to Phily Backlog center ... I thought
    of applying for a Parallel PERM but mine was a RIR ( quicker) and Phily was saying that they would clear all Backog by SEP 2007 ( another 2 months)

    Did you check your status in Backlog tracker ??

    http://pds.pbls.doleta.gov/

    Sometimes it does not depend on you, I am in Backlog due to my company's lawyer does not want to file for PERM :mad: . Anyway I am changing jobs and starting again but this time with PERM. :D



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  • NolaIndian32
    06-24 01:07 PM
    Called and left message today.




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  • saranus
    01-30 03:05 PM
    Hi
    I am currently in US. I Have withCompany A for almost 2 years, I plan to do H1 transfer to Company B, Here I understand, I need to give last two months pay statements (ie., pay statement with Company A).
    I can join in Company B at any time once H1 Transfer done.

    At the same time, My Company A is planning to do H1 transfer to its sister concern Company C.


    Scenario A)
    Assume I transferred my H1b to Company B my own (using Company A's two month pay statement), then after 10 days
    my present Company A transferred my H1b to Company C,
    Ie., I gets pay statements from Company C.

    Queries #1)
    Can I join with Company B ?
    Should I need to produce Company C's pay statement if I decided to join with Company B ?
    Should I need to do another H1 Transfer to Company B ?
    becz, I did H1 transfer to Company B before I join to Company C.


    Scenario B).
    Assume
    I didnot transfer my H1b to company B,
    My present Company A transferred my H1b to Company C,

    Queries #1)
    Can I do H1 Transfer after I join in Company C (with in 1 or 2 months) ?

    Could you please advise. Thank you.



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  • waitnwatch
    06-09 12:48 PM
    Politics makes strange bedfellows and while anti-immigrants band together they donot have any additional support from other groups (I maybe wrong and IEEE and Programmers guild may be joining them). On the other hand we do have support from industry even though they primarily support H1B increase. Suffice it to say that we play a very important part because we are the grassroots part of the whole industry lobbying machine where the industry lobbyist can show that the affected parties are in support of what they are saying.




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  • chanduv23
    10-04 04:13 PM
    Also in Detroit India

    http://www.detroitindia.com/fpdb/Discussion/ImmigrationGowda/Discussdetail.asp?Id=341

    Flyers are ready - we can post flyers



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  • immigrationmatters30
    08-20 10:29 PM
    I think my case is heights of all the Fragomen mistakes.My company approved budget for my case in April 2006.Fragomen started the process right off because they need the initial pay.Now after they did that they informed me that,I should not contact them for what so ever reason because it is aganist the law.Agreed.So I did not contact them for more than 10 months assuming everything is going on fine.Then in May(yep one month before all dates were current), I called to find out whether they filed my case.I was told they found an issue with my add and experience 10months (ago)and they forgot to inform my company or me.Because of them I was not able to file my 485 last year.This august its been 10years in US for me.From then I would tell anyone who talks to me,go with Fragomen you are screwed ,unless your case gets assigned to a desi guy in Fragomen you are screwed with Fragoment from start(its just my observation).




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  • Tito_ortiz
    12-01 11:07 AM
    I agree. I realized that I was paying too much for my MBA from a top 15 school and I decided to put on hold for that exactly same reason. I received job offers from employers which were willing to pay 100% of the MBA. Of course I had to decline due to my status.

    Also, interest rates in private loan banks are very high. I thought more about it and decided to put the damn MBA studies on hold and wait until I can change jobs and let an employer pay the thing for me.

    My advice is for people to watch out carefully. MBA can get very expensive and you may just actually making your hosts happier, not necessarily you !


    Guys,

    Improving your own skills by doing Double MBA would not be gandhigiri.

    A course in history will teach us what Gandhi did for rights of Indians in South Africa, who were oppressed and had to pay more taxes than anyone else. He fought for those people. If we could even manage to perform a percentile of that , we maybe able to get our community's problems resolved. I am sure the people working in farms in SA had no rights and were treated like slaves, we however, are in much better position and different times than the late 19th century. Not sure we can get a Gandhi to lead us, but if we strive for Unity among the Retrogressed community we can defintely improve our situation.




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  • kaisersose
    07-14 11:02 AM
    If you scan the PERM data from fldatacenter. There are approx 3200 EB2-I (wage level IV)certified labors for PD up until 06/01/2006. Not sure about BEC certified labors. Based on the perm data ,DOS just needs approx 10000 visa number to clear the EB2-I PERM cases. I think DOS is right on.

    Note: some of you have considered Level III in their calculation which is not correct. Because I am EB2 and my Labor says level IV for wage level.

    We should also add the recent upgrades from EB3 to EB2.

    It is possible that CIS was not consuming visa numbers fast enough to keep DOS satsified that visa numbers would not go waste. To make sure, there is no wastage, DOS may have turned its attention to consular posts and pushed the date to June 2006 so they would generate demand for visa numbers.

    There is a very important change starting this year. Spillover from EB1 and EB2-ROW goes to retrogressed EB2. Before this year, EB2 ROW spillover would go EB3 ROW. This is a big change that will result in a larger number of EB2 approvals compared to previous years.




    dsva
    07-01 12:22 PM
    Earlier today I got an email from USCIS that said
    "Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On June 29, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

    Then by the evening my I-485 said
    "Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On June 30, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."

    Problem My EB2 PD is not current, is this a system glitch or did I get GC?

    Here are my stats
    PD 2007/ India
    Arrived on H4 Sept 1997
    Change to F1 Jan 1999
    Change to H1B Sept 2004
    Applied extension Sept 2007
    Applied for PERM June 2007
    PERM Approved June 2007 EB-2 (approval in 4 days)
    filed I-140, I-485 in the July madness
    I-140 RFE March 2008
    I-140 Approved May 2008
    I-485 RFE May 2008
    I-485 Approved June 30, 2008

    What is the PD on your approved I-140?




    paskal
    06-19 04:24 PM
    End of Page 291

    please read carefully
    there is NO change

    changes will come by amendement only...



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