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  • rolrblade
    04-03 11:55 AM
    18.
    Regulations
    Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
    Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.

    I wonder what the AC21 rule revision is going to be?





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  • deafTunes123
    08-28 09:48 AM
    Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?

    PD : Oct 2005
    EB3 - I140
    I-485 RD 07/02/2007

    EB2 - I140 , Approved 10/2007, PD : Oct 2005
    Interfiled May 2008, no reply, no info.


    After my new EB2 I-140 got approved with (old PD), Lawyer requested USCIS by mail to interfile my Case.

    In that notice, he clearly mentioned all about my information in few lines and also request to approved ASAP as the PD is current according to the bulletin.

    Hope this helps. If you want more info. let me know. I will gladly share.





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  • nomi
    12-11 02:14 PM
    SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
    We do not need any Congress approval for that Right?
    If so can we explore this option??



    I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong

    I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.

    what do you guys think about it ??

    thx.





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  • talash
    05-21 06:52 PM
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  • s416504
    01-07 03:04 PM
    Following info may useful who are looking for SSN on H4

    Below is part of a message I posted in another discussion, but this deserves it own discussion. If you are a legal resident of the US, such as an H4, even if you are a child, and you have an ITIN, you can get a Social Security Number, because that is the only way to get the Economic Stimulus Payment.

    Be forewarned that the SSA will put up road blocks. You will likely be denied your first application. However, the law is clear and there is no cost to apply. You also have a right to appeal. A cover letter explaining why you have a RIGHT to a Social Security Number will help support your case. Your letter should refer to the laws and statutes cited below.

    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 documents from official Senate and House websites (senate.gov, house.gov), which refer to the stimulus payment as a benefit. Print these out and attach them to your application.


    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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  • aupadh
    01-26 03:28 PM
    Well it seems the idea to get a Stimulus for 2008 for people having spouses with ITIN is nearing dead end (no action). Now the government is planning another stimulus. I think we should work on taking the necessary steps to prevent the same happening this year (being dropped out). I think we should raise awareness and write to all people including President Obama.



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  • Kitiara
    12-30 10:21 AM
    Sorry about anyone not being able to view Lost's entry - I've updated the link now so you should all be able to have a look at it. :)





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  • CADude
    03-03 10:51 PM
    what option you used to call? my case is similar. but both labor is mine(one stuck due to auto remand). I want to know if interfile is automatic or not? I am candidate for layoff this month end after 7 years of job in company. I also want to call to USCIS know.

    hi pd_recapturing/gene 77,

    Is there any update on your case, I have similar situation,

    I have applied my I485 with priority date of Jan2006 (my I 14O is approved).Mean time the same company
    applied a sublabor with a priority date july10,2001 for Eb3 ,which is current. Can i replace my old i140 with
    the new i 140(eb3). and if i success fully do so, do I have still have to be with same employer for another 180 days.

    When I called USCIS today they said some officer is reviewing my case, does this mean interfiling is automatic?

    My PD is current for 2001 july10 eb3 category?

    Please let me know...



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  • optimystic
    03-05 02:19 PM
    The processing date for I -485 EB at nebraska is July 30 2007.

    And it happens that my I-485 'Receipt date' is July 30 2007 too ! My notice date is 'Aug 31 2007'

    So my question is should my case be logically eligible for processing at nebraska center now that we are in March and my PD is current for March. Or do the processing times at service centers represent notice date and not receipt date (I noticed that in my online case status it states "On August 31, 2007, we received this I485 APPLICATION "....which seems logical since the notice date represents the date when info is entered into computers )

    As I mentioned earlier in this thread my I-140 is also already approved.

    Is there a number I can call to check with USCIS customer service whether they opened my case for adjudicating it. The only immediate blocker I see now is whether or not I am past the 180 days FBI namecheck as well . Hopefully the USCIS cust rep can tell me that info over the phone. Any body got such info over the phone?





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  • Caliber
    05-24 12:56 PM
    Sent



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  • eb3India
    04-21 11:41 AM
    OK, for those who thought my name suggestion was serious , well I was just kidding, cuz this topic itself was a joke so I just played along with it,

    I am not really effected by GC delay, cuz I was able to file I-485 in 2004 and I changed my job twice using AC-21 (refer to AC-21 thread I explained my situation), Also my wife is working with EAD, so I have no reason to go insane, but remember I still contribute to IV and itz cause, while I know many guys stuck in labor for last 5-6 years are still skepctical about IV.

    Now back to H1B subject, I am glad IV is not promoting H1B increase, just because I came in H1B it does not mean H1B any better,

    Why do I care about H1B.

    Because I have been here for almost 10 years and I have seen how this program is abused, c'mon gusy we are educated and qualifed and we should not be so desparate to come to US by any means, when I say abolish H1B it does not mean I am against immigration, I just want reform the system where people have more option when they came here, How many of you guys are still hanging onto same company with same salary, think rationally and think beyound GC





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  • chapper
    07-10 09:12 PM
    I believe in justice system - but will USCIS keep the application till the trial - is this even a possibility and what they may achieve by doing so....



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  • a_tyagi26
    01-06 01:28 PM
    I am on H-1B and wife on H-4. We did not get our stimulus payment last year since she does not have SSN.

    For people who did not receive stimulus payment last year can claim it this year. So for people like me whose wives are on ITIN, can get $600 back this year or so I think. The way to do this can be:

    First file Married filing separately, claim $600 credit and then amend it to file married filing jointly. IRS will not ask stimulus back. Let me know your thoughts on this idea. I wish I could get $1200 but hey even $600 is better than nothing.

    Any thoughts??





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  • leoindiano
    09-19 11:40 AM
    I want to thank this european who got his greencard 2 weeks back but still attended the rally. There may be more heroes like this. I was in a group of people when we spoke to him, didnt catch his name as i was encouraging bypassers to honk their cars to support our cause.

    He is over 6 foot, in immigration voice t-shirt and blue jeans. He is swedish...Please share his name if anybody knows....



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  • brb2
    10-05 03:52 PM
    I agree 100%. Anything that affects business and competitiveness of the US will be always more important than sob stories of individuals. Latter is collateral:)

    just an idea, but the reporter should probably speak to the employers of people who have left, and highlight instances where they have found it difficult to replace the departing employee.
    USCs are probably more impressed by effect on the US than the hardships faced by us





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  • jvordar
    04-22 11:45 PM
    Yeah scared the hell out of me too.

    yea dude u scared the shit out of me.. i'm using AC21 and will be joining new employer in 2 weeks... dude change your title..



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  • vin13
    05-13 10:35 AM
    I would go with the prediction in the Jan 2010 Visa Bulletin:

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
    Employment Second:
    China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
    India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION

    If Section 202(a)(5)were to apply:
    China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006

    I tend to agree with you. Projections by DOS seems to be closer to reality.
    I would stay conservative contrary to many other predictions.

    1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.

    2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.

    2009 info
    Country cap for Eb-2 - aprox. 2800
    2009 India for Eb-2 was 10,116.
    fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316

    So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.





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  • qplearn
    10-09 01:51 PM
    actually, it's not a bad system, at least in India when you pay a bribe things get done. In a crazy way its probably more efficient.
    here you have no choice, stuck in the line with no way out.

    And premium processing is nothing but an official bribe, to expedite your case. But it's an organized system of bribes: first you pay PP for H1-b, then PP for LC (aka Perm, since atty fees are much higher than for RIR), then PP for I-140, but at each stage you pay a bribe and get stuck in another long line at the next stage. Only way out is by paying another bribe.
    So, in the final analysis, which country is more corrupt?
    India does bribes on a small scale, at lower levels of authority. US does it officially thru the govt!

    Money talks in every country, and frankly I dont mind paying the price for faster service, now if only they would introduce bribes for I-485.

    I am sorry, but I have to heartily disagree with this. Bribing is one of the reasons that India is backward. Don't forget that India has millions who don't get enough to eat or drink, and also has some of the poorest people in the world. Massive corruption has helped creat a situation like that. Whenever a person takes or gives a bribe, it is like robbing someone of what they should be earning. When you pay a bribe, you are in a big or small way contributing to poverty.

    Also, I don't consider the premimum processing fee to be a bribe. The money they get is used to pay salaries to their employees legally.

    I have no doubt that the US is less corrupt, and I am glad it is this way!!!

    I guess different people may have different takes on this, and this is mine.





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  • mhtanim
    05-14 07:44 PM
    Just a quick update

    Today my checks got cashed and from the back of the checks I got the receipt numbers. I was able to track these numbers on USCIS site and the EAD application for myself and my wife is now pending at TSC.

    So the mailing address to Mesquite, TX turned out to be the correct location for me to file...

    So it took less than a week for them to receive the package and cash your checks! I sent out mine to NSC today. Lets see how long it takes.





    tabletpc
    09-17 09:45 AM
    tabletpc,

    Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.

    You are right. THis is one case where in USCICS are wrong. The visa officer at consualte should have canceld her H4, which he/she din't do and tv25 took advantage of it. Even at the POE, officer should should have got the info on his system. No idea why it din't happen.

    But tv25, stop using this forum to get the solution and contact an attorney, like murthy ASAP.





    Maverick1
    10-30 12:22 PM
    Just got my I-94 updated with the correct dates at the local airport - the CBP officer was very courteous and immediately knew what was to be done.

    Thanks for taking time to post the resolution. Should be helpful for others.



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