Kodi
07-12 02:49 PM
Did anyone here get their PERM LC approved from Atlanta recently? They seem to have started processing.
wallpaper Cleveland-clinic-sign
small2006
05-02 09:47 AM
:mad:
Don't just blurt something out of frustration without thinking twice before hitting the "Submit" button. We are all frustrated here when it comes to GC processing. In that sense we are all in the SAME BOAT. Be specific about the point you are trying to make instead of blanketing all H1B and GC aspirants so that its not confusing or misleading to others.
Well,If you think that it was a cheap attempt, then i belive you need tutoring in english first, i would have appreciated if you would have read the full documents first, if you are not in the same boat as others doesnot means that others are not, there are still many H1 holders whose spouse doesnot have a SSN and only ITIN, and i am not over or below quoting the statement made by IRS.
Please think twice before issuing any statements.
P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)
Don't just blurt something out of frustration without thinking twice before hitting the "Submit" button. We are all frustrated here when it comes to GC processing. In that sense we are all in the SAME BOAT. Be specific about the point you are trying to make instead of blanketing all H1B and GC aspirants so that its not confusing or misleading to others.
Well,If you think that it was a cheap attempt, then i belive you need tutoring in english first, i would have appreciated if you would have read the full documents first, if you are not in the same boat as others doesnot means that others are not, there are still many H1 holders whose spouse doesnot have a SSN and only ITIN, and i am not over or below quoting the statement made by IRS.
Please think twice before issuing any statements.
P.S- Thanks for Pointing that Title of a Thread is for writing autobiographies, I will keep that in mind,when you are around. :-)
cbpds
12-11 03:30 PM
Hi Pappu and IV seniors,
I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too.
We dont mind standing last in the queue for another 10 years as long as we have EAD.
HELP !!!!!!!!!!!!!
Can we check with CIS if they plan to pursue this option (pre-485 step)?
Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...
I can see there are a lot of folks who would welcome such a plan.
I will contribute to IV generously(monetory and otherwise) if you help us with the prefiling of EAD for approved 140's, atleast USCIS will get money from us every year and it helps us too.
We dont mind standing last in the queue for another 10 years as long as we have EAD.
HELP !!!!!!!!!!!!!
Can we check with CIS if they plan to pursue this option (pre-485 step)?
Is there a plan to start a campaign for this? I would be willing to contribute (monetary and effort) if there's such a plan...
I can see there are a lot of folks who would welcome such a plan.
2011 5:- Cleveland Clinic
ind_game
05-14 05:10 PM
I believe so. I assume that USCIS eventually sends a letter acknowledging the revocation, but I don't know for sure.
Even my attorney says the same thing that they do not represent any revocations and says that there will be an acknowledgment from USCIS regarding revocation.
I have requested my old employer to provide me the I-140 revocation acknowledgment, but he denies saying he did not receive it and USCIS does not always send acknowledgments. That is his ball game, I could not poke around much.
Even my attorney says the same thing that they do not represent any revocations and says that there will be an acknowledgment from USCIS regarding revocation.
I have requested my old employer to provide me the I-140 revocation acknowledgment, but he denies saying he did not receive it and USCIS does not always send acknowledgments. That is his ball game, I could not poke around much.
more...
InTheMoment
02-27 10:54 AM
I was thinking along the same lines. I have a pending RIR conversion case (with all recruitement done) since 5 weeks (Non-RIR PD March 2004) While DBEC has been approving the RIR conversion within a week and final certification in a couple of weeks, I have not heard of a single conversion and subsequent certification from the PBEC in the last 2-3 months (maybe I do not have as many data-points)
Guess will be losing all the efforts put into this conversion and a hopeful early certification as we near the Sept 07 deadline of DoL, just because of the ineffciencies and lax attitude at PBEC.
Anyone else had their RIR conversion at PBEC approved recently ?
Guess will be losing all the efforts put into this conversion and a hopeful early certification as we near the Sept 07 deadline of DoL, just because of the ineffciencies and lax attitude at PBEC.
Anyone else had their RIR conversion at PBEC approved recently ?
snathan
03-17 01:13 PM
BTW , I have been a monthly contributor for years and also contributed to other special occasions :) . Still patiently waiting for access to the donor forum.
Send mail to Admin....
Send mail to Admin....
more...
pointlesswait
06-10 12:08 PM
same as DUI...but with lesser penalty...
snhn
what is a DWI?thanks.
snhn
what is a DWI?thanks.
2010 Clinic Foundation,
sreeanne
03-20 10:35 AM
Guys,
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
I applied AP in Jan 4th 2008. Last week on 13th there was a LUD on AP. Today the status changed to "Document Mailed to applicant". Based on your experiences does this means RFE or Approval. BTW i belong to Nebraska Service Center.
sree
more...
sparky_jones
03-12 10:18 PM
Dude
Interesting case, did you port your PD or??
I think this person was indeed trying to port to EB2 some time back, but even the EB2 had a PD of Nov 2005. So even if the port succeeded, even that would not explain the out-of-turn approval.
Interesting case, did you port your PD or??
I think this person was indeed trying to port to EB2 some time back, but even the EB2 had a PD of Nov 2005. So even if the port succeeded, even that would not explain the out-of-turn approval.
hair Cleveland Clinic Foundation
Kodi
06-22 11:33 AM
If PD means the date you filed your LC then its May 8th, still not over 90 days.
more...
Aah_GC
07-05 06:45 PM
I think this is a valid question that is being asked and should be answered by IV core. Am always intrigued by our behind the scenes effort and the heck that is going on. I do not want to cross the line and judge the integrity on IV core, but would really like to know exactly what we are up to. At least we need to periodic conf calls and announcement of our efforts (and I understand there needs to be some secrecy with anti-immig watching us closely).
hot Cleveland Clinic Hospital in
sweet23guyin
11-29 11:47 PM
Myself (primary applicant) and my spouse are on h1 with EADs. If spouse starts a company(issue checks and do all admin work) and still maintain her h1 with old employer, will it invalidate her h1 just because she used EAD? Reason for asking is if some thing goes wrong with 485, can she fall back on h1?
more...
house Awarded by: Cleveland Clinic:
addsf345
12-04 05:40 PM
addsf345, did you get the answers? if yes, please share. Thanks much.:)
Well, find them below.
1. Will this immediately cancel my EAD? if so, I may have to resign.
EAD most likely doesn't get cancelled immediately. Find a post by 'lazycis' on this thread. Even if it gets, which is rare, one can still continue working on EAD. I know this sounds not right, but again search this thread. This is confirmed by few replies and ref links are provided to RG's website.
2. If I continue working while filling for MTR, will it be illegal?
again... look for links to RG's website for this. As per RG, this is considered as something 'beyong applicant's control' i.e. an applicant has nothing illegal, but CIS committed an error, so an applicant can not be punished for CIS error. My personal opinion is, it is always much safer if you have a good experienced immigration attorney on your side.
3. How much it costs to go thru' MTR process? How long it takes?
Most likely 60 - 90 days. Costs can vary, but it is not really really high.
again, like most ppl say in their signature, I am not a lawyer. So take professional advice first.
Well, find them below.
1. Will this immediately cancel my EAD? if so, I may have to resign.
EAD most likely doesn't get cancelled immediately. Find a post by 'lazycis' on this thread. Even if it gets, which is rare, one can still continue working on EAD. I know this sounds not right, but again search this thread. This is confirmed by few replies and ref links are provided to RG's website.
2. If I continue working while filling for MTR, will it be illegal?
again... look for links to RG's website for this. As per RG, this is considered as something 'beyong applicant's control' i.e. an applicant has nothing illegal, but CIS committed an error, so an applicant can not be punished for CIS error. My personal opinion is, it is always much safer if you have a good experienced immigration attorney on your side.
3. How much it costs to go thru' MTR process? How long it takes?
Most likely 60 - 90 days. Costs can vary, but it is not really really high.
again, like most ppl say in their signature, I am not a lawyer. So take professional advice first.
tattoo The Cleveland Clinic
r_mistry
01-11 05:42 PM
Hi,
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
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 - 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 just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
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 - 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)
more...
pictures Cleveland Clinic Abu Dhabi
gctoget
08-08 02:19 PM
Hi,
There is going to be an Independence day celebration event at Pierce college ,Woodland hills on August 18th ,2007. Please participate and do not forget to visit the Immigrationvoice.org booth for more information on our non-profit organization.
See you all there!
There is going to be an Independence day celebration event at Pierce college ,Woodland hills on August 18th ,2007. Please participate and do not forget to visit the Immigrationvoice.org booth for more information on our non-profit organization.
See you all there!
dresses Cleveland Clinic Foundation
9years
12-03 08:03 AM
Congrats 9Years. What a big relief ...... Right !!! Finally DONE. I am waiting for the same moment .....
Hi Vayumahesh,
Thank you and you will get it soon. Best of luck.
Hi Vayumahesh,
Thank you and you will get it soon. Best of luck.
more...
makeup Anna Arnold Biography
EB3_SEP04
05-18 01:58 PM
ind_game, just a heads up : when the 485 is reopened they take the op'ty to review the app for all supporting docs. meaning if you have not submitted any supporting docs like birth cert etc they would issue an RFE. They did to me, back in Jul-07 i had submitted only parents affidavit but no BC or NABC. And they gave me only 30 days (i think it used be 90 days for RFE), I had hard time collecting the required info/doc in such a short time.
girlfriend The Cleveland Clinic
sam_hoosier
03-19 12:10 PM
Not sure if anyone else has faced this so wanted to put this out: I own a home and have a loan on it since 2003 (I was on H1 when i took the loan), now that the ARM is about to adjust i am in the market for refinance.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
I was in the exact same boat 3-4 months ago. I had even paid $ 400 for appraisal and at the last minute the lender backed out.
However, I have managed to secure refinancing at a substantially lower rate with a different mortgage company. Send me a PM and I can let you know the details if you are still in the market for a refi.
There is however a question on all the loans underwritten by freddy/fanny asking for immigration status and if the answer is EAD the loan is denied. They even sent me an explanation of denial.....:confused:
I was in the exact same boat 3-4 months ago. I had even paid $ 400 for appraisal and at the last minute the lender backed out.
However, I have managed to secure refinancing at a substantially lower rate with a different mortgage company. Send me a PM and I can let you know the details if you are still in the market for a refi.
hairstyles Fellowship- Cleveland Clinic
willwin
06-10 10:30 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."
Much awaited bulletin which says no numbers for EB3 and that come Oct 2008 Eb3 I will go to Nov 2001 again. What a news!!!
enjoy!!!
"E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.)
Based on the informaiton available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants.
It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached.
F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."
singhsa3
07-20 12:37 PM
Not really, The PD will be stuck sometime in 02 or 03. Thus, unless there are some changes in law, we are looking at 5-7 years wait.
Also, I am not fabricating 750,000 number. This is the anticpated applicants, per Matthew Oh.
750,000 applications ? Does that mean the PD will be 01 Jan 1900 after October ? I think you grossly overestimated the number of applications . If the GC quota is 9800 for India then to process 750,00 applications ( most of them will be India I am sure ) will take like 20 years . Thats impossible man !!!
Also, I am not fabricating 750,000 number. This is the anticpated applicants, per Matthew Oh.
750,000 applications ? Does that mean the PD will be 01 Jan 1900 after October ? I think you grossly overestimated the number of applications . If the GC quota is 9800 for India then to process 750,00 applications ( most of them will be India I am sure ) will take like 20 years . Thats impossible man !!!
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).
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).
No comments:
Post a Comment