for_gc
10-01 04:22 PM
This is how this law is written. The limit of 140K is for a fiscal year. With next year having its own quota.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
USCIS cannot change the law.
This makes sense as well. Let us say if we had this limit for all of ten years in the past and only some of them hit the limit, then we will have this revolving balance which will keep getting carried forward and may total to 500000 or so by now.
No, thats not the intent of the law which is to restrict immigration in a given category in a given year.
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r_mistry
01-29 03:33 PM
Friends,
I filed my I485/EAD/AP (via company�s lawyer) at NSC service center back on July 24th, 2007. Received EAD, done FP for myself and my wife.
Now my wife AP's online status shows "document mailed on January 18th". Have not received the physical notice yet. But here is the issue....even though we filed our cases together online status for my AP still shows "Case received and pending". Called customer service (opened SR, first week of January) but still no updates.
Has this happened to anyone else? Should i take infopass since its over 180 days since we filed the application? I need to travel in end of Feb and need to know how I can expedite my process.
Thanks for your help in advance
__________________________________________________ _____
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Wife's AP approved Jan 21st, 2008 - Self Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I filed my I485/EAD/AP (via company�s lawyer) at NSC service center back on July 24th, 2007. Received EAD, done FP for myself and my wife.
Now my wife AP's online status shows "document mailed on January 18th". Have not received the physical notice yet. But here is the issue....even though we filed our cases together online status for my AP still shows "Case received and pending". Called customer service (opened SR, first week of January) but still no updates.
Has this happened to anyone else? Should i take infopass since its over 180 days since we filed the application? I need to travel in end of Feb and need to know how I can expedite my process.
Thanks for your help in advance
__________________________________________________ _____
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Wife's AP approved Jan 21st, 2008 - Self Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
a1b2c3
12-11 09:47 PM
for the first time (in 5 years that I have been tracking them) the visa bulletin looks like it was "made in America". The america of old, the one that is so organized that every official form includes an estimated time on how long it takes to fill it up. The one where every street has a clear name marker, every intersection has multiple stop lights, multiple signs. Where the little cats-eyes on the road are color coded[1] Where lines form automagically when a bunch of people converge on anything. Where you can go to any .gov site and pick up whatever statistics you want on anything from agriculture, to factories, to healthcare.
This is a nation built on documentation and organization.
For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.
USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.
Kudos to them.
Things remain bleak, but just to see something so neatly organized and put out was heartening to me.
P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.
[1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.
Nice observations.
This is a nation built on documentation and organization.
For the first time the visa bulletin does not look like some discarded bingo card or four monkeys getting excited on a typewriter. For the first time the numbers make sense, they explain why they are what they are. They even put our prediction threads out of business by coming out with their own set of predictions for the rest of the year.
USCIS has had data like this for eons (how many cases pending in which category and from which country). It took the usual american obsession with data and organizing data to come out with all this.
Kudos to them.
Things remain bleak, but just to see something so neatly organized and put out was heartening to me.
P.S: and no, this is not them just doing their job. Their job is to put out the dates every month (like they have been doing for atleast over a decade). To clearly spell out how many cases are pending (like their recent report), and now to predict how these dates will move, is IMO going beyond the minimum requirements of the job, and is much appreciated.
[1]: blue meaning a firehydrant, yellow as a separator of lanes in different directions, white in the same direction, red is dont enter. found the meaning of the blue one recently, and was impressed. atleast in CA this is what they are.
Nice observations.
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cheg
07-23 04:00 PM
Thanks for the quick reply. So in my case since my husband doesn't have a RD yet for our I-485 then once we do get our RD, we can calculate that 2 yrs from that time we'll have our card ordered as well. :D :D :D I'm crossing my fingers!
my PD Aug 2004
RD Feb 2005
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my PD Aug 2004
RD Feb 2005
eb3 india
Last fingerprint in March 2007
more...
brahmam
05-14 02:02 PM
Just an update from my side:
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
I have just talked local Congresswoman's Office and I have talked to a staff member for 1 hour and she is helping me. She is going to call NSC and get to the root cause of this problem.
Guys,
If you are reading this, do not lose hope. We have to try every avenue and knock every door that is open.
Sorry about the pain. if you haven't noticed, I think aftr your previous employer revoked the I-140, they went ahead and updated that to 'denied' status and apparently the date did not change. so the same day that your 140 was approved now shows as denied. Bring that to their notice and they may see their mistake.
Good luck.
dilbert_cal
06-05 11:04 AM
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.
If you are one of those who can keep working on your 140/485 , worry about the bill and help IV all together in a balanced way, no need to follow the step by step process :-)
Things happen - they can always happen - they can be good - they can be bad - but Life Goes On.... so you do what you need to do for your current processing and whatever plans you have for future but just be aware that things can always change. Say you dont file your 140 assuming the world's gonna end and then before the world ends, 140 premium processing is stopped - ( not that there are any rumours regarding this ).... so get the point - carry on with your processes assuming the best out of this bill and help IV as much as you can.
Now, when you are done with it , please help IV to ensure that the current bill has enough amendments to make our future secure.
If you are one of those who can keep working on your 140/485 , worry about the bill and help IV all together in a balanced way, no need to follow the step by step process :-)
Things happen - they can always happen - they can be good - they can be bad - but Life Goes On.... so you do what you need to do for your current processing and whatever plans you have for future but just be aware that things can always change. Say you dont file your 140 assuming the world's gonna end and then before the world ends, 140 premium processing is stopped - ( not that there are any rumours regarding this ).... so get the point - carry on with your processes assuming the best out of this bill and help IV as much as you can.
more...
kiran24
08-03 10:55 PM
There is a conference call going on at SoCal IV forum Bbetween 8:00 P.M to 8:30 P.M. Please join the call if you are interested in attending a SoCal IV organized booth at an event in Southern CA.
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pappu
03-12 10:43 AM
IV has started a donor Forum for contributing members.
http://immigrationvoice.org/forum/forumdisplay.php?f=109
Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.
If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.
From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.
If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.
Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.
Thank you for your continued support
http://immigrationvoice.org/forum/forumdisplay.php?f=109
Our monthly subscription based model will help members get access to this area for that time period. In the coming days we will be consolidating all previous subscribers who are continuing their subscription at present to be added as well. If you are an old continuing subscriber, and do not have access, do send an email to info at immigrationvoice.org with your name, email, amount subscribed every month and your IV ID. We will verify it and add you. If you have given a one time payment this month more than $25, we will be dividing it by $25 and the system will calculate the number of months you are subscribed. If you have the old $20/month subscription, please continue that. We will add you in the Monthly subscribers as well.
If you wish to subscribe, please click on the donate now link, adjacent to the green progress bar above and subscribe.
From now we will post IV updates on the donor forum so that members who contribute get the privilege of getting the information. If the information can be released for public, we will release it on the main forums after a delay. Donor forum will have the first access to the information. All donors will be identified by a 'donor' status in their profiles instead of junior/senior members.
If members want to start a thread in the donor forum, please add 'Donor Forum' before the the thread title so that everyone knows it is in the restricted area.
Admins will visit this area more often and answer questions from members. This will also enable more close coordination and communication between committed members. It is sometimes difficult for us to to read every post on the forum or post certain information for public consumption.
Thank you for your continued support
more...
chanduv23
05-15 10:58 AM
When the USCIS is doing mistake, we need to ask for fee waiver. If they are nog giving, we should not hesitate to take them to court and make them pay for it. Even one time if we can succeed it will make all the difference.
Ok - any ideas how we can ask? What fee waiver are we asking for?
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
Ok - any ideas how we can ask? What fee waiver are we asking for?
We need to understand if there is a system in place for fee waiver?
To get any favourable thing like getting fee back and such things, first thing is that they have to officially accept that they are doing this and that is the most difficult part. You cannot get them to talk so easily.
Breaking the law is not acceptable - it can be from all sides, but when you deal with govt agency - it is not easy - there is a lot of beurocracy associated and it is not that easy as we all think it is.
I understand the frustration among the community - but we must all collective channelize our frustratons into something constructive, positive and effective.
thats why we need innovative ideas to deal with this.
Come on EB2, EB3 - US MAsters, US Phds, EB1s , scientists, doctors, engineers, consultants, and all those ivy leagures - can you use your IQ and brains to help wiith these issues? Please post some ideas here.
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santb1975
06-07 04:16 PM
We need 1244$ to make it to 20K. Can we do it?
more...
leoindiano
03-25 09:08 AM
Geogia comes under Philadelphia backlog center
Friends,
I have couple of questions...
My employer has filed my Labor from Georgia state...
So in which bpc my case should exists??
What is 45-days letter as I have read so many times in this forum??
My cas received date Oct 10 2004, is this Priority date??
I would appriciate proper answers
Thanks
Jsquare
Friends,
I have couple of questions...
My employer has filed my Labor from Georgia state...
So in which bpc my case should exists??
What is 45-days letter as I have read so many times in this forum??
My cas received date Oct 10 2004, is this Priority date??
I would appriciate proper answers
Thanks
Jsquare
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laborchic
09-25 09:55 AM
great info vparam and others.. ;) I am as well thinking on same grounds..
Has anyone done and research on what are the benefits of being LLC- S(single self employed) or to work for your wife's company (after she gets EAD) as compared to being on a regular payroll in a company..
I know you can show up your car/ cellphone/ homephone/ and some misc food expenses as for your business.
Has anyone done any detailed research on what is better?
Has anyone done and research on what are the benefits of being LLC- S(single self employed) or to work for your wife's company (after she gets EAD) as compared to being on a regular payroll in a company..
I know you can show up your car/ cellphone/ homephone/ and some misc food expenses as for your business.
Has anyone done any detailed research on what is better?
more...
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lazycis
05-14 12:46 PM
Can you shed some light on this process? Do "Immigration Litigation" Attorneys be able to help in this?
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
This person had been posting on Murthy forum and he did get responses from Attorneys that "mandamus" is the way to go.
What is Mandamus and what is difference between what you suggest?
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (“the APA”)
The APA allows reversal of agency action that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
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chanduv23
09-13 03:21 PM
Order Details - Sep 13, 2007 12:40 PM GMT-07:00
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Great, and please make it to the rally
Google Order #949176417011663
Great, and please make it to the rally
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realizeit
07-11 10:51 AM
These two could be the real reasons why they changed the dates to 2006-June-01.
1. USCIS want to utilize all available EB2 and EB1-Balance GC numbers before 2008-0ct-01. So, they moved the EB2 dates in such a way that there is enough room for obtaining approvable and valid EB2 applications.
2. They could just move the dates to somewhere at the end of 2005 instead of 2006-June to achieve the same result. But, they did this specifically to include some relief to EB2 CHINA folks as well. EB2 China backlog starts from the beginning of 2006.
3. This reason is from my imagination: USCIS is a govt organization..You know. I heard stories that corruption is there everywhere in a GOVT system. Some influential applicant needs to get the benefit and they moved the dates to June-2006. :)) HEY THIS IS NOT TRUE :)
Oh by the way, this won't last long. The month September could see an "UNAVAILABLE" EB2 or "2004-APRIL" EB2.
My heart jumps with joy, but my brain still caution the heart to wait for the official visa bulletin at DOS/USCIS website. USCIS has a trend of "correcting" the visa bulletin. Nevertheless, if the dates are really what they are published at Mumbai site, its a time for us to be happy.
EB2 looks promising, but in this moment of joy lets not forget our friends in EB3 category. Anyone whose priority date is current, please don't just move forward with your joy, and continue to support IV and our initiatives to help legal immigrants. We have suffered so much because the folks who came prior to us never bothered to support legal immigration, once they got their their GC. Please remember that after GC/Citizenship, your status in this nation depends on how active you are socially/politically.
1. USCIS want to utilize all available EB2 and EB1-Balance GC numbers before 2008-0ct-01. So, they moved the EB2 dates in such a way that there is enough room for obtaining approvable and valid EB2 applications.
2. They could just move the dates to somewhere at the end of 2005 instead of 2006-June to achieve the same result. But, they did this specifically to include some relief to EB2 CHINA folks as well. EB2 China backlog starts from the beginning of 2006.
3. This reason is from my imagination: USCIS is a govt organization..You know. I heard stories that corruption is there everywhere in a GOVT system. Some influential applicant needs to get the benefit and they moved the dates to June-2006. :)) HEY THIS IS NOT TRUE :)
Oh by the way, this won't last long. The month September could see an "UNAVAILABLE" EB2 or "2004-APRIL" EB2.
My heart jumps with joy, but my brain still caution the heart to wait for the official visa bulletin at DOS/USCIS website. USCIS has a trend of "correcting" the visa bulletin. Nevertheless, if the dates are really what they are published at Mumbai site, its a time for us to be happy.
EB2 looks promising, but in this moment of joy lets not forget our friends in EB3 category. Anyone whose priority date is current, please don't just move forward with your joy, and continue to support IV and our initiatives to help legal immigrants. We have suffered so much because the folks who came prior to us never bothered to support legal immigration, once they got their their GC. Please remember that after GC/Citizenship, your status in this nation depends on how active you are socially/politically.
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msp1976
02-27 10:10 AM
..
we have to convince the PBEC working folks that it is in their interest ..to finish by Sept end...
I am thinking about fax them a letter like this.......
PBEC center has not performed well enough until now...This year some form of immigration reform would be passed..When that passes, there would be a lot of work in terms of immigration processing/legalization..If the PBEC/Exceed does not shape up and complete by September...We would urge the congress not to give Exceed corporation any further federal contracts..
Only thing is my application is stuck in there and I donot want to put my name there because every dog/bitch has nuisance value...
we have to convince the PBEC working folks that it is in their interest ..to finish by Sept end...
I am thinking about fax them a letter like this.......
PBEC center has not performed well enough until now...This year some form of immigration reform would be passed..When that passes, there would be a lot of work in terms of immigration processing/legalization..If the PBEC/Exceed does not shape up and complete by September...We would urge the congress not to give Exceed corporation any further federal contracts..
Only thing is my application is stuck in there and I donot want to put my name there because every dog/bitch has nuisance value...
more...
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zoooom
08-10 11:06 PM
I dont think this is true coz I am juky 2nd filer and my checks havent been cashed yet...
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ink_123
07-18 06:45 PM
Will do more in the future. Thanks IV for all your efforts
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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
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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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nlssubbu
07-24 06:33 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.
Again that depends on the demand vs supply. To have every one approved in EB3 (esp back logged countries), EB1 (All countries), EB2 (All countries) has to be current. Then the extra visas flow down to EB3 (ROW) and to all back logged countries (India, China, etc).
I am still wondering how DOL made all countries current in July bulletin. I think it is mainly due to many Labor Applications in BEC is either replaced by PERM or might not make all the way up to I-485. Many of us 2001 / 2002 filers discussed this theory a lot and did came to the conclusion that such a back log is artificially created as DOL, DOE and USCIS, who does not know exactly how many are there in approvable condition.
That is proved beyond doubt by the July bulletin :)
Hey guys make hey while the sun shines. I wish all of you will get GC much faster than us.
Thanks
Again that depends on the demand vs supply. To have every one approved in EB3 (esp back logged countries), EB1 (All countries), EB2 (All countries) has to be current. Then the extra visas flow down to EB3 (ROW) and to all back logged countries (India, China, etc).
I am still wondering how DOL made all countries current in July bulletin. I think it is mainly due to many Labor Applications in BEC is either replaced by PERM or might not make all the way up to I-485. Many of us 2001 / 2002 filers discussed this theory a lot and did came to the conclusion that such a back log is artificially created as DOL, DOE and USCIS, who does not know exactly how many are there in approvable condition.
That is proved beyond doubt by the July bulletin :)
Hey guys make hey while the sun shines. I wish all of you will get GC much faster than us.
Thanks
vkannan
02-23 06:22 PM
I just now talked to an IO and she said that last Friday the processing dates for NSC are all wrong and its a mistake. Those will be corrected soon in couple of days.
here we go again....looks like USCIS never learns by their mistakes.........anyways I feel Processing dates does not matter anyways for USCIS to process the applications..........
here we go again....looks like USCIS never learns by their mistakes.........anyways I feel Processing dates does not matter anyways for USCIS to process the applications..........
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