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  • gc_check
    03-10 08:38 AM
    I would say we all need to know our status well first :) There is no such status as EAD. It is Adjustment of Status (AOS) Pending. I had done multiple refi and all I had to tell them is GC pending. They get copy of EAD just to have a reference that I am legal here at the time of application (since it has an end date). Had no issues so for.

    vrbest, Who is your lender. Can you name the bank you worked with. It might help the some in this group. I have done a Mortgage and 2 re-fi in the past with no issues, but last time, I had issues with Bank of America, Wells Fargo and one other bank (don't remember name). The reason was being on AOS/EAD, They were fine with H1b, but did not understand what EAD / AOS is. It all depends on the underwriter and if he is not knowledgeable on the Visa issues, then you are done. You can't ask for an alternate underwriter. I was able to secure through a credit union though.




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  • loudobbs
    09-10 09:25 AM
    meant to say not illegal immigrants....:o:o

    and i am NOT the real Lou Dobbs. But in all seriousness guys, I think we really have to wake up. We are not illegal immigrants....
    And we are not asking for Amnesty...

    There is no deying the fact that this country has benefited from us much than us. How about some moral abligation and sense of fairness from this great country???




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  • Milind123
    09-16 02:27 AM
    Just made a one time contribution of $100
    Order Details - Sep 15, 2007 23:30 GMT-07:00
    Google Order #412727833594707

    Unfortunately I cannot be at DC, but Thank You all for the efforts.

    Thank you very much for your contibution. I really appreciate your contribution.




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  • desi chala usa
    01-06 10:25 AM
    Don't forget the education is the biggest business in U.S.A and the immigration is the second one, thats what I learned from my 5 years experience. Both businesses dragging money from foreign ppl (International student has to pay 3-4 times more than local).



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  • desibechara
    01-03 01:18 PM
    I also got email confirmation today for AP document mailed on Jan3.

    I filed on Aug 7 or 8th.

    db




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  • reddymjm
    07-14 10:30 PM
    I understand your pain ( I am in the same boat ). EB3-I PD:June 2003. All we can do is keep the struggle going.

    I plan to save the money to convert it to EB2 rather than spend here.



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  • natrajs
    07-18 09:23 PM
    Contributed $ 100 Yesterday , and Will do Again

    Thank Q You All




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  • 9years
    12-02 09:02 AM
    How much time does one really need to prepare to file for labor these days ,please let me know. The time before filing the labor, if everything goes very fast.
    Robert Kumar,

    Even though one wants to push too fast, I think there are certain duration one has to wait in each step before goes to the next step (this is just based on my knowledge and I may be wrong). It takes around 6 months minimum I think. Good luck for your process.



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  • JAYASURESH
    05-02 01:12 PM
    it is shame on IRS!! listen, everyone is paying tax. if we are able to file tax as couple with itin for the spouse, why are they not using the same approach for the stimulus package. Do they not aware of this section of h1b visa holders who are paying taxes and are not benefited. folks, some of you are in h1b and got your ead and ssn for your sponse are better off, there are folks who are still on h1b and spouse on h4 filed with itin is not eligible because i am not within in the <70k limit. this is ridiculus and shame for everyone who came up with the great idea of stimulating the economy and share our tax money to others and not with this disadvantage section of the people. it is absolutely shame for IRS or whoever came up with the super idea of not considering the folks who filed with ITIN. IRS listen, if anyone who is citizen, illegal or legal, if they pay tax, they are entitled to get this stimulus package.. it is really a shame on you whoever not recognized this affected section of people.




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  • Green.Tech
    05-26 11:21 AM
    Where are all the contributors? Wake up guys! EAD is not going to solve GC problems!



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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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  • vkallank
    07-18 10:01 PM
    As requested by IV core, from now on my recurring contributions would be $50 ( till date it was $20).

    As fellow legal immigrants each of us share a responsibility to ease the process of GC. If each and every member engages in a financial contribution our confidence as a team would grow by leaps and bounds. This i believe would let core team lobby a lot stronger for our causes.

    I hope all contributing members would be a motivation for other IV members to contribute.



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  • gc28262
    07-06 03:40 PM
    I think it is time we threw away the concept that democracy is the best.
    Look at Obama the socialist and anti-immigrant law makers in this country who are playing to the gallery. Are they doing any good for this country ?

    I always prefer an open self nominated leader to a democratically elected leader.

    OP should work with IV core/even get involved in a serious conversation with core team to promote his ideas. I am sure core is open to suggestions and entertain discussions from well meaning members.

    This post of mine has been targeted for reds by some members. Why should any IV member who is still waiting for his GC be offended by this ?

    If so, please come out in open and express your opinion.




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  • gomirage
    07-20 01:51 PM
    i was thinking the same thing did we take our eyes off the ball. Seems like people towed the part line during the vote but it still seems like a miss

    Yes, I was also thinking how did IV radar screen missed such an important vote. I hope it's not because we were so busy celebrating I-485.
    I hate to think a call to few senators would have fixed the whole problem to everybody. Please lets refocus guys on a permanent fix.



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  • eers
    07-23 05:42 PM
    Until 2003 end most the people have filed 485. It all started when the cases were moved to BEC. Most of the cases were from 2004 and some from 2003/2/1/0.


    Our firm had five 2002/2003 LCs cleared in March , after uscis sent out notice to either convert them to RIR processing or abandon it. I guess there are many old cases to be still applied for 485.




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  • hz_florida
    01-14 08:53 PM
    I haven't received 45 days letter yet, still waiting for it in patience. My information is below.

    Priority Day: July, 2003
    Altanta DOL RD: Jan. 2004
    Category: RIR, EB3
    45 day letter: not yet
    State: Florida
    ETA case #: T-05012-xxxxx



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  • greensignal
    12-28 02:55 PM
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  • ilwaiting
    04-25 12:42 PM
    I'm sure the language should be worked out by USCIS as to whats best and whats not. Perhaps the "continous residency rule in US" need to be enacted. If a person leaves the country for a certain amount of time when on H1B may be > 6 months or 1year would loose his PD.


    But atleast the proposal need to be before the rule makers

    This would technically mean that anyone anywhere in the world now, who has ever been to the US on a H visa, can apply for a GC based on the first touchdown date.

    Interesting!!!




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  • langagadu
    09-15 11:19 AM
    :mad::mad::mad::mad: Rey Moran, Who the heck gave you Ph.D. Definitely you don't have ability to think. Idiot, give your Ph.d back, you need to start thinking of washing your rusted brain, Moran.
    :mad::mad::mad::mad::mad:


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    I would have been approved by then...

    Been here since 1996 and have a doctorate .. but still in EB2.. and i don't regret it .... but i don't want anymore line jumping for sure.




    ind_game
    05-15 10:09 AM
    There was a campaign on wrongful denial in AC21 , there was also letter campaign not sure what happened after that ? It was IV action item too... What was the conclusion ? should we all suffer even if it is a training issue, if they act such nice on letters , then why they act as if there is no form and if AC21 is for real aliens from a real alien world.

    Trust me your frustration is understandable......

    Guys,

    1. Consultant companies are making money by threatening to withdraw I-140 if an employee leaves the company for a better job
    2. USCIS is already making enough money on these improper denials (I would like to call it white collar extortion)
    3. Attorneys are making money on these cases

    In the end we the immigrants are the losers.

    Please make more noise on these kinds of issues concerned with I-140 withdrawls and I-485 denials, as this is becoming more and more apparent. Write blogs, spread in forums, write news letters. Go to your local congressman's office and make them aware of the situation. My local congresswoman's office is under the impression that my case is unique, but I am trying to convince them that this is wide spread by sending them the links of Ombudsman etc.,

    We need to increase the awareness.

    We do not want to get to a point where we may not utilize AC21 properly.

    thanks




    PD_Dec2002
    03-17 08:51 PM
    Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.

    Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html


    Basic Information on the Stimulus Payments

    Updated March 14, 2008 — new 1040A-3 package

    You've heard about it. Now find out how to get yours.

    What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.

    Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

    Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment — if only one has a valid SSN, neither can receive the payment.

    Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.

    A very cheap attempt at sensationalism, if that's what your intention was. But if you really are clueless about this issue, then here are the facts:

    There are several thousands of H-1Bs and GC aspirants who have SSNs for themselves and their spouses. This stimulus package will give rebates to these thousands so long as their AGI allows for it. Also, all H-1Bs are eligible for their rebate since they would have SSNs. It is only when their non-working spouse (H-4) does not have a SSN that the H-1B holder becomes ineligible.

    Thus, the title of your thread is misleading. Change the title to "No Stimulus Package to H-1Bs whose spouses do not have SSNs". And again, this is not targetting H-1Bs or GC aspirants. Any US resident without a SSN is ineligible for the stimulus package.

    Regards,
    Jayant



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