pkv
05-07 10:09 PM
http://www.mercurynews.com/breakingnews/ci_9186416
Congress penalizes U.S. troops, legal U.S. residents in attempt to punish illegal immigrants
By Ken McLaughlin
Mercury News
Article Launched: 05/07/2008 06:51:18 PM PDT
map loc val immig state
When Congress passed an economic-stimulus package giving hefty rebates to most taxpayers, it tried to make sure that illegal immigrants didn't get any of the cash.
But in doing so lawmakers inadvertently penalized hundreds of thousands of legal U.S. residents - and tens of thousands of U.S. troops stationed overseas - simply because their spouses lack a Social Security number.
"Imagine an American soldier in Iraq whose foreign-born wife is waiting for an immigration petition to be approved and doesn't have a Social Security card. Now the couple can't even get a rebate," said Rep. Zoe Lofgren, D-San Jose. "That is really stupid."
Others in the predicament include about a million legal residents whose spouses are still overseas because of long immigration queues and hundreds of thousands of H-1B work visa holders in Silicon Valley and elsewhere.
The scope of the problem is only now becoming clear as the government begins mailing out rebate checks. The first checks were electronically deposited in bank accounts last week.
Because illegal immigrants don't have Social Security numbers and instead routinely use "tax identification numbers," Congress banned rebates for taxpayers who use the IRS-issued numbers.
If a married couple files jointly and one spouse doesn't have a Social Security number, the couple won't get the $1,200 checks that other couples will receive. They're also ineligible for the $300 rebate per child. Many Armed Forces members stationed overseas have foreign spouses who can't get Social Security numbers.
William Luong, stationed at a U.S. naval base in Yokosuka, Japan, said his fellow seamen resent that they've landed in the same category as illegal immigrants.
"They understand the reason they're getting the shaft," said Luong, 21, who is from the Los Angeles area. "but a lot are frustrated or angry about it."
More than 288,000 troops are stationed overseas, according to the Pentagon - not counting those in Iraq and Afghanistan. Many live in places - Korea, Japan and Germany - where extended stays often result in marriages to locals.
The unintended situation developed after the House in late January passed the economic-stimulus legislation at the urging of President Bush. But anti-illegal immigration groups then lobbied the Senate to add the Social Security requirement, fearing that illegal immigrants would get their hands on the checks.
The Federation for American Immigrant Reform - whose members went on radio talk shows to bash the House version of the stimulus bill - has no apologies.
"No law was ever written that doesn't find someone falling through the cracks," said Ira Mehlman, a FAIR spokesman, who said he hoped government officials will come up with some way to help Armed Forces members.
But H-1B visa holders and legal immigrants who are being denied rebates say they want some justice, too.
"If the government collects taxes from us, we should be able to get rebates given to other legal residents, it should be a level-playing field," said Parveen Kumar, an H-1B visa holder who lives in Sunnyvale.
Kumar moved to Silicon Valley from India with his wife three years ago. He now works as an engineer at Intelliswift Software in Fremont. But his wife, Anu, is on a H-4 "dependency visa" that doesn't allow her to work.
After he found out about the rebate law, he went to the Mountain View office of the Social Security Administration and asked if he could get a number for his wife. He was told no.
John Johnston, a spokesman for the Social Security Administration, confirmed on Wednesday that the agency's policy is not to issue Social Security cards simply for the purpose of issuing tax rebates.
According to the U.S. Department of Homeland Security, there are now between 600,000 and 800,000 H-1B visa holders in the United States. Exactly how many are married to spouses ineligible to work in this country is unclear.
Another group of immigrants - about a million nationwide - are non-citizen green-card holders who are already facing seven-year waits to get permission for their spouses to immigrate to their country.
"I've been in America for well over 20 years, and I consider myself an American," said Amir Nikpouri of Orland Park, a suburb of Chicago. "All I'm trying to do is obey the laws, but this one seems really unfair."
Nikpouri, 31, was married three years ago, but his wife won't be eligible to immigrate from Iran for a few more years.
"We are here legally and paying taxes and enjoying what a married family should be enjoying," said Aung Moe of San Jose, 33, a Burmese political refugee who works as an engineer at Applied Materials. His wife, Mon, is an electrical engineer who is forced to live separately from her husband in Singapore.
"Already we cannot be together, and now she cannot get a Social Security number," he said. "This needs to be fixed."
--------------------------------------------------------------------------------
Congress penalizes U.S. troops, legal U.S. residents in attempt to punish illegal immigrants
By Ken McLaughlin
Mercury News
Article Launched: 05/07/2008 06:51:18 PM PDT
map loc val immig state
When Congress passed an economic-stimulus package giving hefty rebates to most taxpayers, it tried to make sure that illegal immigrants didn't get any of the cash.
But in doing so lawmakers inadvertently penalized hundreds of thousands of legal U.S. residents - and tens of thousands of U.S. troops stationed overseas - simply because their spouses lack a Social Security number.
"Imagine an American soldier in Iraq whose foreign-born wife is waiting for an immigration petition to be approved and doesn't have a Social Security card. Now the couple can't even get a rebate," said Rep. Zoe Lofgren, D-San Jose. "That is really stupid."
Others in the predicament include about a million legal residents whose spouses are still overseas because of long immigration queues and hundreds of thousands of H-1B work visa holders in Silicon Valley and elsewhere.
The scope of the problem is only now becoming clear as the government begins mailing out rebate checks. The first checks were electronically deposited in bank accounts last week.
Because illegal immigrants don't have Social Security numbers and instead routinely use "tax identification numbers," Congress banned rebates for taxpayers who use the IRS-issued numbers.
If a married couple files jointly and one spouse doesn't have a Social Security number, the couple won't get the $1,200 checks that other couples will receive. They're also ineligible for the $300 rebate per child. Many Armed Forces members stationed overseas have foreign spouses who can't get Social Security numbers.
William Luong, stationed at a U.S. naval base in Yokosuka, Japan, said his fellow seamen resent that they've landed in the same category as illegal immigrants.
"They understand the reason they're getting the shaft," said Luong, 21, who is from the Los Angeles area. "but a lot are frustrated or angry about it."
More than 288,000 troops are stationed overseas, according to the Pentagon - not counting those in Iraq and Afghanistan. Many live in places - Korea, Japan and Germany - where extended stays often result in marriages to locals.
The unintended situation developed after the House in late January passed the economic-stimulus legislation at the urging of President Bush. But anti-illegal immigration groups then lobbied the Senate to add the Social Security requirement, fearing that illegal immigrants would get their hands on the checks.
The Federation for American Immigrant Reform - whose members went on radio talk shows to bash the House version of the stimulus bill - has no apologies.
"No law was ever written that doesn't find someone falling through the cracks," said Ira Mehlman, a FAIR spokesman, who said he hoped government officials will come up with some way to help Armed Forces members.
But H-1B visa holders and legal immigrants who are being denied rebates say they want some justice, too.
"If the government collects taxes from us, we should be able to get rebates given to other legal residents, it should be a level-playing field," said Parveen Kumar, an H-1B visa holder who lives in Sunnyvale.
Kumar moved to Silicon Valley from India with his wife three years ago. He now works as an engineer at Intelliswift Software in Fremont. But his wife, Anu, is on a H-4 "dependency visa" that doesn't allow her to work.
After he found out about the rebate law, he went to the Mountain View office of the Social Security Administration and asked if he could get a number for his wife. He was told no.
John Johnston, a spokesman for the Social Security Administration, confirmed on Wednesday that the agency's policy is not to issue Social Security cards simply for the purpose of issuing tax rebates.
According to the U.S. Department of Homeland Security, there are now between 600,000 and 800,000 H-1B visa holders in the United States. Exactly how many are married to spouses ineligible to work in this country is unclear.
Another group of immigrants - about a million nationwide - are non-citizen green-card holders who are already facing seven-year waits to get permission for their spouses to immigrate to their country.
"I've been in America for well over 20 years, and I consider myself an American," said Amir Nikpouri of Orland Park, a suburb of Chicago. "All I'm trying to do is obey the laws, but this one seems really unfair."
Nikpouri, 31, was married three years ago, but his wife won't be eligible to immigrate from Iran for a few more years.
"We are here legally and paying taxes and enjoying what a married family should be enjoying," said Aung Moe of San Jose, 33, a Burmese political refugee who works as an engineer at Applied Materials. His wife, Mon, is an electrical engineer who is forced to live separately from her husband in Singapore.
"Already we cannot be together, and now she cannot get a Social Security number," he said. "This needs to be fixed."
--------------------------------------------------------------------------------
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Kodi
09-12 12:38 PM
I applied May 8th EB2 Atlanta center and its been 127 days but no decision yet.
9years
10-21 01:54 PM
Hi All,
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
My EB2 I-140 Approved in 2 days (Premium Processing).
Service Center: Texas
Application Received Date: 10/12/2010
Application Approved Date: 10/14/2010
This is just to share with all of you.
Thank you.
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mpadapa
09-10 11:14 AM
Inspite of the new spillover policy and the additional FB visa's the EB2-I has retrogressed. This shows there is quite a bit of EB2-I demand. Regarding EB3I movement, donno when it will come out of the 2001 slump. The actual bulletin might show the ROW movement that could provide some hint to how the spillover can influence the EB2I forward movements.
more...
pdakwala
03-08 01:07 PM
Why is that some people are getting access and some people are note getting access to the judiciary committee hearing on immigration
wandmaker
06-18 08:25 AM
Today's Funding Drive Requirements, We are looking for
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
Two 500$ heroes (EB1) or
Ten 100$ heroes (EB2) or
Twenty 50$ heroes (EB3) or
Any combination of above* Classification is for fun, no offense
more...
AllVNeedGcPc
02-03 02:41 PM
9years: So finally did you have to send the interfiling request, or they approved it automatically.
- My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
- I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.
I just wanted to know if you also had to send the interfiling request just like VayuMahesh.
Thanks,
Thank you for sharing VayuMahesh. I hope I have to do the same. Can you please share, is there any form he has to fill while doing this or he has to write a letter.
- My EB2 140 got approved 2 weeks ago (with July 03 PD), but still no LUD on my 485.
- I placed a Service Request last week on my pending 485, which resulted in a soft LUD on my EB2 140 but nothing on 485.
I just wanted to know if you also had to send the interfiling request just like VayuMahesh.
Thanks,
Thank you for sharing VayuMahesh. I hope I have to do the same. Can you please share, is there any form he has to fill while doing this or he has to write a letter.
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Libra
09-29 12:04 PM
only option is they can hire some people to process application on temp basis.
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
and the last recapture was a bill that was passed in congress.
efforts are on for a recapture. but the valid question raised is: how does a recapture help when USCIS can't even process 140,000 a year?
more...
webm
03-17 07:44 PM
H1's are eligible to receive the stimulus package..I got confirmed the same from different people and analysts...
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panky72
06-24 10:59 PM
shouldn't we think a little about our gain too ;) ..
:DAgreed.
:DAgreed.
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snowshoe
05-04 12:27 PM
Hi,
I came across this page (yet another pixel ad page) which states that it will be donating part of the proceeds to IV.
Check it out:
http://www.indian-million-dollar-homepage.com/
I came across this page (yet another pixel ad page) which states that it will be donating part of the proceeds to IV.
Check it out:
http://www.indian-million-dollar-homepage.com/
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coopheal
09-11 11:45 AM
It�s okay. I am glad that I could do something for the rally.
coopheal,
Thank you for you generosity!
OMG, thank you so much coopheal. :cool:
coopheal,
Thank you for you generosity!
OMG, thank you so much coopheal. :cool:
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diptam
06-10 10:27 PM
[QUOTE=dilbert_cal]Guys/Gals - Those of you who are planning to file your 140 and/or 485 and are worried about the future consequences, please stop worrying about the bill and first of all get your 140 and/or 485 filed.
Now, when you are done with it , please help IV to ensure that the current bill has enough amendments to make our future secure.
QUOTE]
Why only guys from May 16th 2007 to Oct 2008 are selectively victimized -
My 140 is filed just on May 16th - what is my Sin ??
Now, when you are done with it , please help IV to ensure that the current bill has enough amendments to make our future secure.
QUOTE]
Why only guys from May 16th 2007 to Oct 2008 are selectively victimized -
My 140 is filed just on May 16th - what is my Sin ??
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praky
09-11 11:02 PM
Sent the book...See changes in the original msg.
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
*****************************
TO
The Honorable Emilio T. Gonzalez (Director)
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
***************
My Message:
Hon. Mr. Gonzalez,
I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, most applications with later priority dates and later receipt dates were approved by USICS, causing deep concern and grief among those waiting patiently in the line before them.
This significantly reduces our confidence in the system. Thus, I am sending you this letter with a book as a symbol of protest and with the hope that USCIS will deal fairly with all the applicants as per the rules and regulations.
Thanks
My Name
****************
Note: On Amazon you must select gift option to add the message. No need to wrap it.
Singhsa3,
I believe Gonzalez resigned from the director of USCIS effective April 18,2008. We should be instead sending the letter to following:
Jonathan Scharfen, Acting Director, USCIS
Michael Aytes, Acting Deputy Director, USCIS
Pls correct me if I'm wrong.
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
*****************************
TO
The Honorable Emilio T. Gonzalez (Director)
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
***************
My Message:
Hon. Mr. Gonzalez,
I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, most applications with later priority dates and later receipt dates were approved by USICS, causing deep concern and grief among those waiting patiently in the line before them.
This significantly reduces our confidence in the system. Thus, I am sending you this letter with a book as a symbol of protest and with the hope that USCIS will deal fairly with all the applicants as per the rules and regulations.
Thanks
My Name
****************
Note: On Amazon you must select gift option to add the message. No need to wrap it.
Singhsa3,
I believe Gonzalez resigned from the director of USCIS effective April 18,2008. We should be instead sending the letter to following:
Jonathan Scharfen, Acting Director, USCIS
Michael Aytes, Acting Deputy Director, USCIS
Pls correct me if I'm wrong.
more...
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senthil1
07-05 01:31 PM
Still some Senators does not understand difference between H1b issue and GC backlog and how can they understand the Administrative issue like this. But Congress women Lofgren will get reply for her letter from DOS and USCIS.
I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
I called the congresswomen and senator from our constituencies. They do not have any idea what I am talking about. I think I made them more confused than ever.
We need to come up with a letter format, which can be printed and send it to them by mail as well as we need to have web fax with a clear message.
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Green.Tech
06-10 02:12 PM
These visa bulletins, and EAD renewals, and H-1B extensions are not going to cut it for those who want GC's sooner than later. Please help IV to help you.
1) Make those ever important phone calls, and
2) Contribute financially
Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!
1) Make those ever important phone calls, and
2) Contribute financially
Don't let this opportunity pass by. Don't let the same visa bulletin get you 3 years down the line. Only we can help push these reforms, no one else is out there to help us!
more...
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diptam
10-02 01:11 PM
Today morning Ombudsman replied to my 2nd email ( as below) and confirmed my address - they said that a reply has been sent to me on Sep 11th for my 7001.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
I've sent an email as well to Ombudsman a week before i sent my Form 7001.
Today they replied my email ( after 5 weeks) asking me to file form 7001 if I want any specific reply. They also mentioned that Form 7001 will be replied in 14 business days and the case will be investigated within 45 business days.
So i just replied to the email saying that i already mailed 7001 and its been 22 business days without any form of reply.
Lets see what they says now.
Then i sent a return email saying i didn't receive any reply till today Oct 2nd and he further emailed me back saying that USCIS must give me a response by Oct 30th on my Pending I-140. Keeping fingers crossed - will post here if i see any LUD or activity in my I-140 in the next 3 weeks time.
I've sent an email as well to Ombudsman a week before i sent my Form 7001.
Today they replied my email ( after 5 weeks) asking me to file form 7001 if I want any specific reply. They also mentioned that Form 7001 will be replied in 14 business days and the case will be investigated within 45 business days.
So i just replied to the email saying that i already mailed 7001 and its been 22 business days without any form of reply.
Lets see what they says now.
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n2b
09-10 11:53 AM
They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..
My wife and I, we both have MS from US unversities....I think that's straight forward!!! But still waiting....:(
My wife and I, we both have MS from US unversities....I think that's straight forward!!! But still waiting....:(
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DesiGuy
09-12 05:52 AM
yes, but u need lots of $$$ and TIME for a successful lawsuit.
PD_Dec2002
03-18 07:17 AM
Having said that, since we are non-resident aliens (i.e the ones without green card or US citizenship) will not get a stimulus package?
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
An overwhelming chunk of all of us are considered resident aliens from IRS's perpective so you are eligible. In fact, I would think every single one of us on this forum is a resident alien since we all fit IRS's definition of a "resident alien" as per their "substantial preference test". The following is copy-paste from IRS:
Topic 851 - Resident and Non–Resident Aliens
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test". For the purposes of this test, the term United Stated includes the following areas:
All 50 states and the District of Columbia.
The territorial waters of the United States.
The seabed and subsoil of those submarine areas that are adjacent to U.S. territorial waters and over which the United States has exclusive rights under international law to explore and exploit natural resources. The term does not include U.S. possessions and territories or U.S. airspace.
To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period.
For more information, see the IRS guidance: http://www.irs.gov/taxtopics/tc851.html
Regards,
Jayant
P.S.: Since taxes are inevitable, here's hoping we soon pass the first "green card test" as well. :)
chantu
07-11 11:27 AM
I have one question?
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
I have case id for ETA form. I could see my details by downloading MDB file from flcdatacenter. How can I know whether I am EB2 or EB3? I do not want to ask my employer.
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