Friday, June 17, 2011

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  • Dhundhun
    01-06 03:52 PM
    AFAIK, those who become ligible to receive stimulus in 2008 can claim stimulus of previous year. IRS will post information - how to claim it.

    UPDATE: Refer to (Thanks gc_dedo) irs has already posted ...

    There is no fresh memo for becoming ligible, it still holds that both filing jointly should have SSN. If one was not having SSN (in 2007) and could not get last year (in 2008) still won't get stimulus - unless ligibility is changed by IRS and ITIN is brought into it.

    I am not sure how much this mechanism works - file alone to get stimulus and then modify return by filing jointly. People who have done this (with 2007 return) should post their experience of returns of 2008 - whether IRS allowed it or not.





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  • glen
    04-04 10:13 AM
    IV Core Team, you guys are doing a great job. We will stick with you till our goals are met.





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  • tikka
    07-05 11:11 AM
    articles in the media drive please.

    That ways everything is in one place...

    good find





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  • stemcell
    03-31 11:58 AM
    Done.



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  • gcfordesi
    04-23 01:00 AM
    My employer was trying to scare me saying AC-21 is trouble there will be lot of queries about title ,wages etc.... Still i am going ahead
    Just wanted to say that you are not alone here Lets take a chance its any day better than staying with this greedy employers in this recession time .





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  • pd_recapturing
    10-19 01:35 PM
    According to what I have read - porting of PD can be done at 2 stages

    1. At the time the second I-140 is applied or,
    2. When one applies for the I-485.

    So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.

    My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)

    My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.

    pd_recapturing - we'll be following your lead to see how your case turns out.

    Thanks.

    Gene
    According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?



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  • BharatPremi
    12-09 01:50 PM
    Please donate that extra money meant for leisure to IV instead going to Bahama this year. You may help yourself doing this and that humble act may get your GC quick and thus enable you to enjoy cruises to Bahama every year without worrying about Visa validity and time lines.





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  • prince_waiting
    10-03 04:44 PM
    I guess do something and change all the documents to a single name....It may look a little bit tedious right now but believe me, you don't want more heads spinning.



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  • angelfire76
    12-03 03:47 PM
    Interpretation of a rule or law is not absolute but in context. Your lawyer seems to have forgotten that and is generalizing a ruling.

    What has the ruling said: There will be an audit for business necessity if the job requirements exceed the Zone requirements the job is in.
    IT occupations include various senior level positions too which require several years of work experience and advanced degree. As long as the sponsoring company is able to prove that they need a person having those qualifications/skills the labor is likely to be approved under EB2.

    Non-IT Masters degrees do not automatically come under EB2 either, as one of the members thinks it will. If that is truly the case, then the DOL might be soon looking at a lawsuit challenging the premise that non-IT occupations are somehow more demanding and require more preparation and experience, which warrants that it be placed in EB2.





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  • rock945
    10-03 10:34 AM
    you might also need a copy of your approved Labour application.
    I am not sure if you can get the documents directly from the UCIS becuase the documents belong to your employer and not you.
    you can try through Freedom of Information Act(foia.com). but it might take a while to get the documents.



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  • vdesidevil
    12-26 11:29 PM
    What if you have to leave the job before 180 days, about after 150 days? When I say you have to that means there is no alternative. Employer-Employee issues. Quite a few folks here might be aware of it. But anyway, I read that USCIS will consider 180 days based on the I-485 'Received Date' and I-140 'Revoked date' will be the date USCIS act on the letter they receive from Employer requesting to revoke I-140 not the date employer will send letter to USCIS. I'm aware that there is no specific guidelines of which date USCIS will consider as 'Revoked date', but I heard USCIS mentioned verbally in many conference that they consider I-140 'Revoked date' as when USCIS act on the letter they receive from employer. Any thoughts?





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  • Guidi
    August 24th, 2004, 10:18 AM
    Hello All,

    I own a D70 and have had major focus issues. I finally spent 3 hrs at the store where I purchased the camera until they finally agreed that it was defective. I just got a call today saying it was repaired. Hopfully it works. I recomend if somebody purchaces the D70, that you test it extensively before you take it out in the field. Out of 4 people I know with this camera, 3 have the focus problems.



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  • bsbawa10
    09-11 02:49 PM
    Why don't you contact some senator! You have been current for so long ..

    because USCIS is not even willing to talk if the Service center does not have processing dates current. And if my case is in California (which website says), then the processing dates are not current and have never been current and probably will not be current for a very long time. CSC does not process 485 applications at all.





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  • dvb123
    12-03 05:13 PM
    Read this thread for complete info on why they changed all IT EB2 professions to EB3

    http://immigrationvoice.org/forum/showthread.php?t=22242



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  • hydboy77
    08-21 01:01 PM
    There is no such thing as a cooperative employer in this economy. I will give you an example, recently in my wife's company they had advertised for a genuine job and on the first day they recieved 200 applications!!!!!!!!!!!!!!!!!!!!!!!!. The hr after one week has not been able to review just the first day responses. because of situation like this no company is willing to even file for eb3 labor leave alone eb2. Because they cannot justify a perm labor when they are recieving dozens if not hundreds of resumes. It is because of situations like this that labor department is becoming stricter and stricter by the day. The post below seems to suggest even if you get audited you will get approved in 1.5 to 2 years. In this environment where unemployment is rampant there is very little chance of success in getting perm approval even in eb3 so dont be under any illusion that no matter what perm would be approved. It will not be approved under current market conditions because of hundres of resumes to perm advertisemsnts. it is because of this reason that a vast majority of companies have decided not to sponsor green cards. there is no such thing as a "coperative employer" in this economic conditions. Companies are being forced to send employees away from US because there 6 years of h1 are comming to an end and they are not able to file green card in this economic conditions.

    OP - If you have a cooperative employer, I would say go for it. Given the rate at which EB2-I is progressing, you will get GC much sooner although the PERM process for EB2 may take a long time. Assuming you get an audit on your PERM, even if the entire process takes 1.5 years, you can get your 140 in PP and once your PD is ported, you are current. Even if the entire process takes 2 years (worst case), it's worth the effort. EB3-I will move at a very slow pace. As others suggested, you wont see significant movement till EB2-I is current.

    Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.

    I'd say go for it. Good luck!





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  • Desertfox
    10-06 07:58 PM
    You mean the 6 bodies found in LA belong to an Indian American family?



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  • eagerr2i
    07-01 06:05 PM
    I am working with the Radio Station to get the CD of the recording. I will make it available to the site admin to have it posted on this site as soon as it is available.





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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).





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  • dressking
    09-20 10:50 PM
    I think the spirit of those who have got their Green Cards and still come can be summed up as "Fight for what is right first. Fight for our rights second."

    I think those who are having a fight inside the camp do not have that spirit. That is why they can not agree on things.





    gsc999
    07-19 05:20 PM
    Alternatively, IV can find you a spouse to get married ASAP. Just kidding.

    :) :)

    Fuzzy, you are scaring single people by using spouse, married and kid(ing) in one and a half sentence :p

    I second manoj's demand, we need representation. Power to single members of IV, let our issues be heard. This will help resolve the H4 dependent issue. Since future IVer would both be on H1-b. Thanks to this idea :D





    javadeveloper
    03-17 10:17 PM
    Here is my situation, someone please suggest me:
    I am using EAD to work for my GC sponsoring company and I got laid off. My HR says that they are going to inform USCIS that I am no longer working for them. HR also says that they won’t cancel my approved I-140 and going to rehire me once I get the new project.

    My question:

    When I joined them there is information to USCIS.I just filled I-9 form and gave it to the company, no information to USCIS. Now when I got terminated what is the need for the company to inform this to USCIS? Anyhow I am going to join them once I get the new project in couple of months. Is it a new law? Will there be any problem at the POE if travel outside US and come back using AP? Is there any chance that USCIS sends me RFE?

    Thanks In Advance



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