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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smuggymba
08-23 08:26 AM
Does it mean the eligibility criteria/job requirement for EB2 is changed from 5 to 10 years?
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
I don't know but I'm scared now....My attorney is filing 140 this week and I was planning on premium processing.
Is this memo in effect already or what? Can someone throw more light on this?
aarbi
07-06 03:12 PM
Anything we can do to get through without having to spend sleepless nights till Oct'.......
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
why would you have sleepless nights till Oct? Did you have sleepless nights before June 13th? Your sleepiness should be the same as it was before June 13th!
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sugaur
03-06 05:30 PM
Heres the sliver lining of all this immigration mess. Its good for spiritual development. I came here 10 years ago in mid 20s. My understanding of Indian philosophy was rudimentary at best. Now I have found reading and meditating on the meaning of Gita is one of the best ways for me to deal with the GC mess, and life in general. So I wonder if GC had been a smooth process would I have still discovered the beauty of the Gita?
more...
arc
07-15 07:48 PM
10$ - Good work guys BABY STEPS...:)
....IV EB3 NEEDS HELP....
....IV EB3 NEEDS HELP....
GCwaitforever
05-02 10:10 AM
Not everybody on this forum earns 144,000 a year. What world are you living in my friend? Do you not get out that often?
Absulutely agree. Also $144,000 in some areas translate to $90,000 in some other areas depending on cost of living, taxation etc... Not all spouses work. So for them, every bit of Government stimulus is needed.
Absulutely agree. Also $144,000 in some areas translate to $90,000 in some other areas depending on cost of living, taxation etc... Not all spouses work. So for them, every bit of Government stimulus is needed.
more...
eb3_nepa
07-14 03:24 PM
Good job members. Keep the momentum going.
Calling out to the IV core. pappu, paskal et al. Please put this campaign on IV's homepage.
Calling out to the IV core. pappu, paskal et al. Please put this campaign on IV's homepage.
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amitjoey
07-13 04:45 PM
Please add little personal details, Post it with a stamp, no need for certified copy. Add your name, address and contact no, in a letter format. so you can get a response.
more...
obviously
08-15 09:29 PM
I happen to be a freelance writer (not a journalist). In response to this thread, I have penned a 2,700 word commentary on the current challenges titled "The Plight of Promise". In order to beef it up with some compelling statistics, can 5 or 6 people respond to this thread with anonymized details of their specific circumstances and how they are suffering. Keep it to 2 or 3 sentences. I will cull out required data points to make the case. For ex:
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
- AD, a 31 yr old non immigrant worker from Poland with a wife and two kids. Unable to get into stage 3, meanwhile need to change my job and relocate to a specific city where my child's health needs can be taken care of. Unable to do so because...
If anyone would like to get the final edited version, let me know. You will be free to republish it without copyright concerns, subject to attribution.
Lastly, I will be spending a good amount of quality time in this matter. So, I will respectfully ask people to resist their desire to 'nit pick' the pieces. Constructive, candid feedback, of course, is always welcome!
hastily, but sincerely,
obviously
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HopeSprings
12-16 02:35 PM
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
more...
MYGCBY2010
07-23 03:16 PM
Hey you are mentioning that you are in EB3 India with a Priority date of AUG 2004. When did you file for the I-485. To my knowledge it was never until this July Fiasco. Can you please explain.
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john2255
07-22 11:05 AM
Hello All,
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
Good work greenme. The model of your letter is excellent. Everybody in the forum please follow the same model with necessary modifications and fax to their respective senators. Also please call to the senators office and let them know your opinion. Please refer about the bill and convey your opinion according to the particular senator's voting on the amendment. This is very important coz this will greatly influence them and stimulate them for further similar amendments. Please dont delay. Let us heat up the issue. The amendment shows the senators are already aware of unused employment visas of previous years. Lets take this oppurtunity.
I live inTexas and fall under Sen. Cornyn constituency. I faxed his Dallas and Washington Office this thank you letter. Everyone of us can send letter to their Senators. After all we are legal tax payers.... what u all say ???
Dear Sen. Cornyn,
Subject: Reintroduce Amendment No. 2339
I applaud your Amendment to provide interim relief for shortages in employment-based visas for aliens with extraordinary ability and advanced degrees and for nurses. I am one of those who are currently stuck in the muck of USCIS. I would like to request you to not give up on us. Please try to introduce another similar amendment to at least help USCIS clear the humongous backlog of Green Cards. We all really appreciate your help!
Regards,
Name
Tel #
Email ID
Good work greenme. The model of your letter is excellent. Everybody in the forum please follow the same model with necessary modifications and fax to their respective senators. Also please call to the senators office and let them know your opinion. Please refer about the bill and convey your opinion according to the particular senator's voting on the amendment. This is very important coz this will greatly influence them and stimulate them for further similar amendments. Please dont delay. Let us heat up the issue. The amendment shows the senators are already aware of unused employment visas of previous years. Lets take this oppurtunity.
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chi_shark
04-10 12:48 PM
hey, how about doing something a la steve jobs. each post should cost $0.99. ??? what say?
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boldm28
09-22 06:16 PM
bump
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NKR
06-25 11:47 AM
When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business).
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
And then you lose your libido :). Agreed�. With the delay you lose the golden period in your career and end up at a lower level. Most of the self made millionaires rockstarted young when they had the drive and desire. I still say America gains more than what they lose by delaying GC process. If they hand out GCs faster then who will work for those millionaires and billionaires?.
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goel_ar
02-18 03:35 PM
pardon my ignorance. But since you already applied for 485, it means you will get GC in april 2009(if pd becomes dec 2005) ?
I agree. Mine is December 15, 2005.
I agree. Mine is December 15, 2005.
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unseenguy
02-13 10:54 PM
even after 60-70 years of my married life, I would able to take care of my parents. I dont need any one's permission for that.
If you or your parents live that long. So lets have 6-7 years as a check point @ 10% of the project ;)
If you or your parents live that long. So lets have 6-7 years as a check point @ 10% of the project ;)
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ramus
06-02 09:09 PM
please contribute to IV with whatever you can.. If you haven't please send web-fax now..
Thanks.
Can any you help in answering my question?
I am trying to change my job and have an approved I-140 with a priority date of August 2006. The question is if I am successful in porting my old August PD for my new I-140 applied after May 2007, would I come under this new merit system? Any help would be greatly appreciated.
Thanks.
Can any you help in answering my question?
I am trying to change my job and have an approved I-140 with a priority date of August 2006. The question is if I am successful in porting my old August PD for my new I-140 applied after May 2007, would I come under this new merit system? Any help would be greatly appreciated.
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gcgonewild
04-29 04:22 PM
Pappu,
Just called all Senators
The Phone number of last few senators is wrong.
Please change 244 to 224.
Just called all Senators
The Phone number of last few senators is wrong.
Please change 244 to 224.
sagittariusarm
09-30 10:00 PM
My application went to TSC, did any one check TSC parkign lot?Please post the details.:D
Yea..I saw many at parking lot but all junk cars.:p
Yea..I saw many at parking lot but all junk cars.:p
ind_game
05-15 09:02 PM
Maybe someone that has had to go through this can respond.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
I changed jobs from a desi company to a large corporation using AC 21.
I had to file two MTRs. I have spent everything from my pocket for the two MTRs.
When you are working for a large(r) corporation, where all fees (including EAD/AP) are paid for by the company, who pays for the MTR?
I was under the impression that the employer pays for the filing, attorney, etc. fees, am I wrong?
I changed jobs from a desi company to a large corporation using AC 21.
I had to file two MTRs. I have spent everything from my pocket for the two MTRs.
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