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  • eb3_nepa
    04-25 05:41 PM
    Why should we pay, SS Tax and Medicare if we are temporary workers. Let them START collecting once I-485 is applied.
    This last point will resonate well with all It will be picked up easily; you will see the panic flying in the leven when a simple mention of it is made.

    I LOVE this point. This is Exactly where we shud hit them.




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  • nyte_crawler
    04-25 11:51 AM
    Maybe highly intelligent people make irrational decisions.:)

    The current Priority date based Labor application system makes the most higly skilled immigrants bonded laborers where the employers can exploit them. This especially happens to people who are highly intelligent but donot try short routes to Green card and do not think of jumbing ahead of others in the que or moving to other companies to get green card processed faster. Reality dawn sonly when nearing the six year completion date of H1B.

    We need to change this unjust immigration system so that atleast in future merit gets rewarded and people who really deserve get their green card.




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  • ras
    10-17 04:23 PM
    I have got a PM from another IV member whose 485 got denied yesterday because of 140 revocation. He switched the job after 180 days and sent AC21 docs as well. He is willing to share his ordeal with us.

    Are we sending personal exp of the ppl affected along with the letter ? I guess, it makes perfect sense to send some real 485 denial examples.

    I mentioned in this thread about the response that I got from ombudsman. So they would love to hear about the specific cases. In fact they would be more than willing to look into the specific cases. because that gives the strength to question USCIS.




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  • ind_game
    05-18 03:05 PM
    Those continuous LUDs are pre adjudication processes - means your name check status, other statuses. FP etc... are all processed.

    ANOTHER UPDATE

    I just spoke to Congressional office and this is what she has to say:

    Quote"""""""""""

    I just spoke with our liaison at the Nebraska office and she confirmed that your motion to reopen was approved on Friday (05/15/2009). That, I am told, means Nebraska agrees to re-examine your I-485 denial and a decision should be forthcoming within 60 days. I suggest that we wait to see what that decision is before our office initiates any formal inquiries with the USCIS Nebraska Director.

    """"""""""""""Unquote

    But she agreed that my second MTR might have been on sidelines and the congressional office inquiry into the matter could have influenced USCIS to review my case ( probably with a supervisor) immediately. She told me that she would put another inquiry with NSC in 4 weeks if nothing comes up. Finally we have decided to forgo (just for now) the process of writing letter to the NSC Director as it might not add much weight to the process, as congressional office would be repeating the same argument that my Attorney has made regarding the AC21, which a supervisor is already looking at.

    I have already waited for 3 months. Another 2 months might take its toll on my emotional drain.

    God save AC21............



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  • mpoov
    02-27 11:47 PM
    is there any hope for bridge legislation in '08?....or this year will pass by due to the elections?......is there any realistic chance of bridge amenment ever being passed?....i am starting to lose hope now......
    no hope.. everything has made mess!!




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  • 9years
    11-05 01:53 PM
    Did you get your I-140 receipt? What is the online status?



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  • leoindiano
    04-30 03:12 PM
    Stupid king doesnt understand the diff. between this limit and H1 limit.




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  • Bodran
    06-01 01:11 PM
    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...



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  • javadeveloper
    08-14 05:33 PM
    USCIS should come up with strategy like if you are in US for 'X' years and if your 485 pending for 'Y' years and if you own a house worth 'XXX$' , then they should give GCs irrespective of Category(Eb1,Eb2,Eb3,Eb4 etc..)




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  • gapala
    09-05 03:43 PM
    The unbelievable growth in India made me explore a bit in terms of investments, ended up with the financial advise and recommendation from experts that we cannot directly invest in equity as an NRI. Only investment allowed it seems, for NRI is in real estate. Not sure whether this is true. There holds the surprise I could not add up the numbers in real-estate in India. Real estate in India is darn expensive even by international standards (with per capita GDP of $700->$2500 per annum).

    Flats in Indian hub cities: 2-bedroom, 1000 sq ft apartment for average $200,000-$300,000 and above. (www.99acres.com) Condos in most major metros in USA: 2-bedroom, 1000 sq ft average $200,000-$300,000 (google housing)

    Given that, median income in US is 50 times more than India. I thought the Indian cities are up in bubble. Next, look at agricultural land prices.

    Agricultural land in Northern part of India is average $50000 - $250,000 per acre (www. 99acres.com) where in east, west and south is about $20000-$200,000. In Villages its about $15000 to $50000 per acre.

    Agricultural land in US is in the range of $6000-$15000 per acre. ($12,000 per acre in NJ, $6,000 per acre in California and $8,000 per acre in Florida. From USDA website)

    Now You can do the math. Commercial land is even more expensive in india.

    The reason, people say, population density. Now lets look at this factor, the density in India is much higher than USA. But, compare to NJ, NJ is actually slightly more densely populated than most states in India. Real estate is regulated by government in India that prevents easy buying and selling and land survey records are not properly maintained which makes it easy to bump up the price.

    Can someone explain to me how in the world, the farmers in India who make less than $1000 per annum continue to own land that is valued at several $100K? How many can afford a home in that country?

    Is this what economic experts call "bubble"? I believe there needs to be a correction in the market in India to avoid a disaster.



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  • Edison99
    12-10 07:49 AM
    Congrats AllVNeedGcPc on your labor approval and you are one inch closer to freedom!

    Hello 9years: Thanks for sharing the info all along. A quick question:

    I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.

    Is this recommended or should we do regular premium 140 and request date porting once its approved?

    If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?

    Thanks,




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  • Administrator2
    05-02 09:27 AM
    Here is the information sent to IV by Research Program Manager at NEU

    Thank you for sending excellent compilation of information on this subject. It is very helpful to understand the background of this issue.

    --------------------------------------------------------------------

    When Congress passed the Economic Stimulus Act in January, anti-immigrant pressure groups, such as FAIR, cried foul. FAIR claimed that the Act would put funds into the hands of illegal immigrants. They therefore petitioned for an amendment that would exclude taxpayers who file with an ITIN, which according to FAIR included many illegal immigrants (sic).

    http://www.fairus.org/site/PageServer?pagename=research_mar08nl01?&printer_friendly=1

    After FAIR�s concerns were aired in the US media, the Senate amended the Act to require valid Social Security numbers on all tax returns qualifying for the stimulus payment. Families who file jointly are excluded from ANY payment if one of the taxpayers on the form filed with an ITIN. As a result, thousands of Military families and an even larger number of legal US residents will receive no stimulus payment. Consider a report in a military newspaper about a family of five stationed overseas. The father is a foreign citizen who filed a joint return using an ITIN. Now the entire family will not receive the stimulus check, even though the mother (a US soldier) and her three children are US citizens.

    http://www.military.com/news/article/itin-ineligible-for-special-rebate.html

    In Japan, thousands of military families face the same situation.

    http://www.armytimes.com/news/2008/04/army_rebate_041408w/

    The solution, according to some, is to amend the tax return and file separately. However, by excluding the ITIN holders from the tax return, the head of household must forgo claiming them as dependents. The end result has little or no benefit in most cases because to receive the stimulus payment, the taxpayer must agree to pay more in taxes.

    Foreign born workers who live in the US are also affected. Many have lived in the US for years and have been dutifully paying taxes and contributing to the US economy. However, a large number have family members who do not have Visas that permit them to work (Laws that prevent dependents of immigrants from working in the US already places these families at an economic disadvantage). As a result, they are not eligible for a SSN and must file their tax returns using ITIN numbers. Even though these families are faced with the same challenges as their American born neighbors, they will receive no tax relief because of the ITIN exclusion.

    The only way to get the stimulus payment is to obtain a Social Security Number for �non-work� purposes. The SSA may issue an SSN to an alien under the following provision:

    20 C.F.R. � 422.104(a)(3)

    (i) You need a social security number to satisfy a Federal statute or regulation that requires you to have a social security number in order to receive a Federally-funded benefit to which you have otherwise established entitlement and you reside either in or outside the U.S.;

    http://www.socialsecurity.gov/OP_Home/cfr20/422/422-0104.htm

    The Social Security Administration is required by federal law to issue Social Security Numbers to legal aliens who require them to receive federally funded benefits under Section 205(c)(2)(B)(i)(II) of the Social Security Act, which states that the Social Security Administration is required to assign an SSN to �any individual who is an applicant for or recipient of a benefit funded in whole or in part with Federal funds.�

    Here are some links to documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit.

    Lawmakers

    Nancy Pelosi, Speaker of the House

    �Residents of the U.S. territories will also receive the benefit.�

    Johnny Isakson, United States Senator from Georgia

    The benefit would phase out for single people earning more than $75,000 a year and married couples earning more than $150,000.

    Johnson (GA04) | Press Release | Rep. Johnson Votes to Stimulate Economy

    Americans who earned at least $3,000 in 2007 will receive the benefit, including Social Security recipients and 250,000 disabled veterans. Higher income taxpayers are not eligible and the relief phases out above incomes of $75,000 for a single earner and $150,000 for married couples.

    Senator Robert Menendez | Newsroom

    �Today's event is a chance to spread the word so that everyone is aware of the steps they need to take to receive this benefit.�

    News | Senator Pete V. Domenici

    This benefit would help an estimated 20 million seniors and 250,000 disabled veterans.

    EconomicStimulus2008

    The 2008 tax instructions will include a worksheet to help those who did not qualify for a payment or those who received a reduced amount determine if they can obtain a benefit when they file their 2008 tax returns next year.

    Senate Finance Committee

    020808 Econ Stim Staff Summary.pdf (application/pdf Object)

    The amount of the credit is phased out at a rate of 5% of adjusted gross income beginning at $75,000 ($150,000 in the case of joint returns). Residents of the U.S. possessions will also receive the benefit�

    The law also clearly states that qualified recipients of this benefit must have social security numbers to receive these funds. No other identification number is considered permissible. SEC. 6428 (h) (2) �Identification Number Requirement� states, �For purposes of paragraph (1), the term `valid identification number' means a social security number issued to an individual by the Social Security Administration. Such term shall not include a TIN issued by the Internal Revenue Service.�

    According to SSA document 20 CFR Part 422 [Reg. No. 22] RIN 0960-AF05 Evidence Requirements for Assignment of Social Security Numbers (SSNs); Assignment of SSNs for Nonwork Purposes, a �valid non-work purpose� results when the �law requires an alien who is legally in the U.S. to have an SSN in order to receive general public assistance benefits (i.e., a public benefit that is means-tested) to which the alien has established Entitlement.�

    The means-testing provision of H.R. 5140, the Economic Stimulus Act of 2008 is stated in SEC. 6428 (d) Limitation Based on Adjusted Gross Income.

    The federal government has also defined H.R. 5140 as a form of financial relief to persons who fall within certain income categories. According to a Whitehouse publication explaining the means-testing provision of H.R. 5140, �This relief would be available to everyone with adjusted gross income less than $75,000 for singles and $150,000 for married couples filing jointly. It will be phased out for taxpayers above those income thresholds. Taxpayers may qualify by filing a tax return for 2007 and including a valid Social Security number on their tax return.� [Fact Sheet: Bipartisan Growth Package Will Help Protect Our Nation's Economic Health, Office of the Press Secretary, February 13, 2008, whitehouse.gov].

    Lawmakers included the identification requirements to HR.5140 under the belief that all legal residents of the United States will hold Social Security numbers. Therefore, it is incumbent upon the Commissioner of Social Security to �take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers� [Section 205(c)(2)(B)(i)] and that all qualified individuals receive �financial relief� under H.R. 5140 according to the stated will and intention of the United States Congress and Senate (as described in the links above).



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  • rongha_2000
    04-30 03:21 PM
    Only 95000 GCs? I thought the recap number is somewhere in the 200K range. Or is this family based GC for which 95K will be available?

    Max waiting country Philippines (family based) = 22 years
    if recapture enacted we shortened it for a few months.

    Very good analysis by the guy currently speaking. I love it! basically he is laughing at the 'family values as defended by the USCIS and DOS'. What a poor job they are doing!




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  • qualified_trash
    08-08 03:40 PM
    OK, I edited the text to make it clearer that 20-25 years applies only to some family based immigrants. Let me know if it reads OK (grammar etc.) after the edits.

    Pankaj

    As this is your article, you have all the freedom to write on what impacts you. However, keep in mind that FB immigration is still a sore spot with the American public as the perception is that Immigrants bring their parents here to collect on SS and Medicare (true in some cases I guess). If it were left up to me, I would leave FB Immigration out of the writeup.......

    Just my 2 cents.

    Grammar etc looks fine to me :-))



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  • rkotamurthy
    02-02 06:33 PM
    Pappu,

    I can organize weekly Conf. call, but I would need some initial input from IV Core Team about its activities. I also need to understand what were SoCal chapter targets and if any progress has been made. Maybe 485Mb4001 or Amit can guide on this?




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  • GCBy3000
    07-24 06:07 PM
    This is good information to know. If this is the case, then at least once in a year they have to make all the categories current. May be for September every year so that they do not waste any VISA numbers.

    Per country quota is not applicable based on AC21 rule when it is current for every one. This is what happened due to the July visa bulletin fiasco. As they are honouring that bulletin, they are also forced to approve across all country



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  • desi3933
    08-04 02:42 PM
    I'm telling them my condition, and I know there are lot of people in the same boat. Again you need to talk to the lawyer about GC cost. Employee can bear all the GC related cost.
    EAD/AP 360*2 + 305*3(Spouse + son) is almost 2K.
    If your facts are different put that in writing and send it to them. Please stop telling me my facts. Also I have no idea why you are on this thread, please ignore this thread if it doesn't apply to you...

    I got red dots, just because I raised my concerns against factual errors in the letter. I have never mentioned that I am against sending letters. Just that emotional outburst is not going to help EB-3 India applicants.

    Good Luck and I hope everyone gets GC soon.

    ____________________________
    US Permanent Resident since 2002




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  • lonedesi
    08-11 12:56 PM
    Hi All
    I am sorry if I post this in wrong place. I dont know how my EB2 I140 approved in 2 months.did any body get approved like this?

    Congrats. You are one of those lucky ones. Be thankful to USCIS that you got your I-140 approved so fast.




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  • nb_des
    07-20 03:34 PM
    If I read this correctly.

    On the Motion (Motion to Waive CBA Cornyn Amdt No. 2339 )
    Vote Counts: YEAs 55
    NAYs 40
    Not Voting 5


    Therefore No mean those Senators supported the amendment.




    srikondoji
    08-02 04:06 PM
    Thats a mess forced onto themselves. However, iam feeling happy and lucky about it. The hardships of USCIS employees started off from mid june and will never end just because of mess & mass miss-communication between the agencies.

    Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?




    TomTancredo
    03-04 01:45 PM
    I have an RFE on my 485 (EB3 I SEP 2004 )....



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