subahjaani
07-06 11:54 AM
Is IV a big organization ? Yes. Definitely. With more than 20K members it is a big org.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
well said.
But what transparency do you or we need about contribution money ?
Overall I had not seen monthly contribution going more than 2 - 3 K per month in last 3 years. And I think that would be enough to maintain the server and software cost, that too if spend very carefully. Cause we have more threads than contributions and it does costs to maintain and keep servers / Software up.
Now ask yourself ! ! !
Do I need to know the expenditure report ? My answer would be NO.
well said.
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saimrathi
08-10 03:25 PM
Congrats!! Please contribute to IV!
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
All 6 of our checks got cleared today below are the details
I-485/131/765 recd date: 2nd july 07
I-485/131/765 notice date: 06th Aug 07
Service Center send : NSC
I-140 approved : on 31-May-06, TSC
Got Recipts : NO
srisra
05-07 12:42 PM
i called 3 senators so far,
they r not sharing the senators stand but they are saying we understand this and we will pass on your message.
thay did not note anything. they did not ask name & other details also.
am i doing correct or am i missing anything?
they r not sharing the senators stand but they are saying we understand this and we will pass on your message.
thay did not note anything. they did not ask name & other details also.
am i doing correct or am i missing anything?
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zinchak
09-11 09:06 PM
I have also posted about this drive on boards.immigration.com
more...
gcsim
02-25 05:30 PM
Why do you think there are not many cases in 2005?
Yes pls can u explain that.
Yes pls can u explain that.
chanduv23
05-15 10:16 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?
Depends on ur employer. Usually after AC21 - it is obvious that there is no fee involved and many companies hire you after ac21 because they do need to deal with stuff like this.
Your employer ONLY needs to give a letter as per the AC21 rule and thats it.
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?
Depends on ur employer. Usually after AC21 - it is obvious that there is no fee involved and many companies hire you after ac21 because they do need to deal with stuff like this.
Your employer ONLY needs to give a letter as per the AC21 rule and thats it.
more...
willgetgc2005
01-03 07:21 PM
truthinspector,
Please stop bashing India or any country for that matter. Although I
am waiting for a GC here in America, I always think India is a fabulous
country. There are merits, de merits in every country. But it is people like you who always look at the negative side (according to you that is ) of India and think US has absolutely no negatives that create the wrong perception about India in peoples minds.
Your negativity stems from your low self esteem and lack of self confidence.
Blame your country/system for everything and try to find an escape elsewhere. If you are capable chances are you will succeed any where (Including in India) like many people have.....
Thanks and I dont need your response.
_________________________________________
GC Cons:
1.You cannot enjoy the company of your parents/relatives.
2.Your wife cannot work.
GC Pros:
1.You and your family will be raised in a pollution free environment.
2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
5.Infrastructure?
6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).
Please stop bashing India or any country for that matter. Although I
am waiting for a GC here in America, I always think India is a fabulous
country. There are merits, de merits in every country. But it is people like you who always look at the negative side (according to you that is ) of India and think US has absolutely no negatives that create the wrong perception about India in peoples minds.
Your negativity stems from your low self esteem and lack of self confidence.
Blame your country/system for everything and try to find an escape elsewhere. If you are capable chances are you will succeed any where (Including in India) like many people have.....
Thanks and I dont need your response.
_________________________________________
GC Cons:
1.You cannot enjoy the company of your parents/relatives.
2.Your wife cannot work.
GC Pros:
1.You and your family will be raised in a pollution free environment.
2.God forbid,if you ever get into an accident the cop would at least write down a complaint.If there is an emergency there would be an ambulance.My father had to go through this unfortunate experience.
3.In India, given the real estate boom , anyone who has land in cities like Mumbai /Pune would rather build a mall or residential complex instead of Schools/Colleges.People are getting jobs now. Have they wondered where their kids will go to school/college? When it comes to getting jobs in India, everyone wants a candidate from a reputed college / university which is usually associated with the number of years the place has been around.
4.If you want to settle outside cities, then you do not have access to the best in education and whatever so called infrastructure is there to offer.
5.Back home, if your kid does not grow up to become a Doctor or Engineer he/she goes so much down in the social hierarchy that it is difficult to imagine.Only careers available are Doctors/Engineers.Last option is to join call center and live a nocturnal life.
5.Infrastructure?
6.The job hierarchies in India are mostly namesake , at least in IT. The moral compass of Indian corporate world is pointing directly,constantly, and unerringly to hell. You will notice a "Sir-jee" system very soon after you start working there.
7.On a last note, with a surge in purchasing power it is immature to declare India a developing/developed nation so soon. That tile is at least 500 years away and we have not started making the ground work yet(the Chinese have).
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rainy
09-09 03:44 PM
Contributed USD 200. Google Order #356296463228380.
more...
paskal
07-11 11:49 AM
I dont get it for EB3 India. First they said once we get over the APR 01 hump we should be move quicker. Well guess what we DID get over that hump. Why the heck arent the dates moving at all for us?
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
this is surprising. really the dates should move- at least some. i keep thinking with each bulletin that EB3 will surely move now but it just has not happened. at this moment of course they have simply made it U. i wonder though if the dates will move when the october quota comes in.
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honeyB
01-23 02:25 PM
AP filed on august 16th still waiting for approval
more...
amitkhare77
11-08 04:25 PM
My company filed labor application on 13th September 2010 and it was approved on 2nd November 2010. Now getting ready for I-140. I thought I will share this info with the forum
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northstar
09-11 10:44 PM
Contributed $200 just now through Google
more...
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ArkBird
09-01 03:27 PM
- Came to US in 1997.
- Had Labor + 140 approved in Dec, 99.
- tricked and lured by start-up in silicon valley. Abandoned everything and came to California in Jan, 2000 made the deadly mistake of not taking the copy of approved I-140 (I still slap myself every morning for that mistake ;) )
- Found out they have only one customer
- Founder wasted own 20 Million dollars but never increased the tally for the customer from 1
- "Startup" went under in 2002.
- Joined new company (the only customer of start-up) and filed labor in March, 2003 and enjoying every minute of it... :)
Cheers
ArkBird
- Had Labor + 140 approved in Dec, 99.
- tricked and lured by start-up in silicon valley. Abandoned everything and came to California in Jan, 2000 made the deadly mistake of not taking the copy of approved I-140 (I still slap myself every morning for that mistake ;) )
- Found out they have only one customer
- Founder wasted own 20 Million dollars but never increased the tally for the customer from 1
- "Startup" went under in 2002.
- Joined new company (the only customer of start-up) and filed labor in March, 2003 and enjoying every minute of it... :)
Cheers
ArkBird
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Macaca
09-14 03:13 PM
Employers Oppose Hiring Provisions in Immigration Bill (http://immigrationvoice.org/forum/showpost.php?p=75395&postcount=37) By Krissah Williams (williamsk@washpost.com) | Washington Post Staff Writer, June 3, 2007
Top Talent Could Lose Fast Track to U.S. Under Bill, Foreign Luminaries Would No Longer Skip Immigration Line (http://immigrationvoice.org/forum/showpost.php?p=72488&postcount=1169) By Anthony Faiola (faiolaa@washpost.com) and Robin Shulman (shulmanr@washpost.com) | Washington Post Staff Writers, May 26, 2007
A Self-Inflicted Wound (http://immigrationvoice.org/forum/showpost.php?p=52210&postcount=308) The U.S. is blocking the best and brightest immigrants Editorial (ombudsman@washpost.com, national@washpost.com, marmerg@washpost.com) March 12, 2007
Top Talent Could Lose Fast Track to U.S. Under Bill, Foreign Luminaries Would No Longer Skip Immigration Line (http://immigrationvoice.org/forum/showpost.php?p=72488&postcount=1169) By Anthony Faiola (faiolaa@washpost.com) and Robin Shulman (shulmanr@washpost.com) | Washington Post Staff Writers, May 26, 2007
A Self-Inflicted Wound (http://immigrationvoice.org/forum/showpost.php?p=52210&postcount=308) The U.S. is blocking the best and brightest immigrants Editorial (ombudsman@washpost.com, national@washpost.com, marmerg@washpost.com) March 12, 2007
more...
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eb3_nepa
09-10 10:08 AM
Thanks for the contribution.
Contact us link is on every page at the top.
My apologies to the core team for that oversight. It used to be on the left and once you scroll that link goes out of view.
Contact us link is on every page at the top.
My apologies to the core team for that oversight. It used to be on the left and once you scroll that link goes out of view.
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Sakthisagar
02-24 08:40 AM
Hi Folks,
I am here for the past 10 years, 2003 I changed my H1 company and they applied my GC on EB3 , and again I missed the 2007 fiasco. because my Mother was ailing and have to rush to our Mother land India, and I lost my Mother too. Unfortunately last time when I applied for the H1 extension on Sept 2009, they were just implementing the client Relationship stuff without any notice, I could produce the client letter and agreement even though my I-140 is approved, they gave only 1 year extension, this Sept 2010, I again have to extend my H1,if I did not get my EAD by that time.
In this times, two things are possible, One is a CIR, introduced in Senate and it passes with necessary vote, at this political situation it is most unlikely, and also if CIR fails then all our legal immigration will be passed as piece meal amendments. and the Visa recapture happens, Otherwise President, Senate and Congress together should know the situation we are all in and they take a decision on EB category, mind you, Legal immigration is blocked politically by Illegal Immigrants!. or USCIS should feel the back log reason, because of the 2000 amendment all our people back home coming as familes (nothing against them! everyone moves to greener pastures and good opportunity). In US, even if we are the most highly educated, all these carrer hike and promotion stuff goes by business situation, and as we all know US is still on recovery phase as far as economy is concerned, So be patient at least this year or next year some good news for all of us. Praying for all here in this situation. This is not a Problem, this is a Situation, even this will Pass away.
May GOD Bless
I am here for the past 10 years, 2003 I changed my H1 company and they applied my GC on EB3 , and again I missed the 2007 fiasco. because my Mother was ailing and have to rush to our Mother land India, and I lost my Mother too. Unfortunately last time when I applied for the H1 extension on Sept 2009, they were just implementing the client Relationship stuff without any notice, I could produce the client letter and agreement even though my I-140 is approved, they gave only 1 year extension, this Sept 2010, I again have to extend my H1,if I did not get my EAD by that time.
In this times, two things are possible, One is a CIR, introduced in Senate and it passes with necessary vote, at this political situation it is most unlikely, and also if CIR fails then all our legal immigration will be passed as piece meal amendments. and the Visa recapture happens, Otherwise President, Senate and Congress together should know the situation we are all in and they take a decision on EB category, mind you, Legal immigration is blocked politically by Illegal Immigrants!. or USCIS should feel the back log reason, because of the 2000 amendment all our people back home coming as familes (nothing against them! everyone moves to greener pastures and good opportunity). In US, even if we are the most highly educated, all these carrer hike and promotion stuff goes by business situation, and as we all know US is still on recovery phase as far as economy is concerned, So be patient at least this year or next year some good news for all of us. Praying for all here in this situation. This is not a Problem, this is a Situation, even this will Pass away.
May GOD Bless
more...
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yabadaba
07-11 01:26 PM
I can't believe this is how it feels to be sooo close to achieving your dream - regardless of how hard we've had to fight.....
Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).
I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:
Climb Mt. Kilimanjaro
Spend 3 months with my family in India and Dubai
Go back to Culinary School
Go to Bordeaux and learn about wine
Become an amazing photographer (just like one of the members on this forum...)
The list goes on and on....
But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....
another dubai desi!!!
are you ooehs, indian high, modern high, st marys or choueifat?
Congratulations to each and everyone of you in EB2-India and China that have been pushing and clawing your way (just like I have) to get your greencards. While my PD is a month away - I am so glad for you. Get ready to go on a loooooong break (mentally, emotionally, and physically if possible as well).
I have been saving up every penny of my disposable income (after the shopping and eating out and everything else!) to go do the things I've wanted:
Climb Mt. Kilimanjaro
Spend 3 months with my family in India and Dubai
Go back to Culinary School
Go to Bordeaux and learn about wine
Become an amazing photographer (just like one of the members on this forum...)
The list goes on and on....
But most of all - I can't believe that the moment is here for almost ALL of us to be free of the shackles and really really live our lives. I'm proud to have participated in everything and hopefully we ALL worked to make this huge of a difference and will see this effort through to help all our colleagues stuck in the EB3-India and China mess....
another dubai desi!!!
are you ooehs, indian high, modern high, st marys or choueifat?
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sunny1000
04-30 05:01 PM
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
Hope this comes true.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
Hope this comes true.
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go_guy123
09-01 10:44 AM
Landed on H1b in 1998, still stuck in the muck
EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.
EB3- I is finished pretty much. It is illogical now to expect GC even. Need to accept reality and look at other options in life.
komaragiri
08-02 04:26 PM
i am a 2nd july filer, my cheques were cashed today. filed at nebraska
Congrats !! Hopefully we all get some good news before the weekend !
Congrats !! Hopefully we all get some good news before the weekend !
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).
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