As some of you know that I don't really post on IV after the belittling of my posts and stand regarding F1 visas and support to Mr , I was asked by another IV loyalist friend who felt it was relevant I shared a letter I had sent to Mr. E Gonzalez over email yesterday as learnt of this issue yesterday.
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
Dear Mr. Gonzalez
I wanted to thank you for the announcement that has brought relief for many of us it is still the beginning of our fight for better processes and improved and updated laws for employment based green cards. I still don't see the light at the end of the tunnel with so many pending applications. I have already been 3 years in the process and my lawyers think I would be out for another 2 if not 3 after having gained premier advanced education from the US. The reasons are many fold. Some are process delays related and some due to statutory guidelines per the legislations. I wanted to document a few issues that if resolved can bring in a lot a relief. Also, I need to introduce you to an issue I was made aware of by a close friend who was surprisingly unhappy with yesterday's announcement.
Process delays on the part of USCIS have caused many delays in employment based visas to be issued. And based on how annual caps are counted and met, many EB based visas have been lost. (~500,000 in the last few years per the Ombudsman's office i.e. almost 4 years worth of visas). This has created a chicken and an egg problem. Because of the USCIS delays, the visa numbers have cumulatively got lost and there is no way to recapture them without a legislation change. No one seems to address the former issue. The Congress does not really have anything planned for the recapture to happen. As a result the 4 year backlog will become 5 and 5 will become 6 and so on. Not only are skilled workers left frustrated with stagnant careers, they are also left unheard and asked to look at other greener pastures outside of the US. This is hurting the US economy in many ways but one. Employers such as Microsoft are unable to retain people and therefore opening offices offshore - this will only promote job off shoring that middle class America is most worried about. Action needs to be taken on the part of the USCIS and Congress; else this situation will have ripple effects for many years to come that may reshape the American Society - more in negative ways than positive.
The next issue I wanted to discuss was something even crueler. Apparently people have been fighting for this issue from 1990 under many organizations with Unitefamilies.org being most active. Under the current legislation, a non immigrant long term visa holder such as F1, H1, L1, J1, etc. are allowed to immediately get their families (spouses and children) on similar dependent categories like F4, H4, etc. Also Green Card applicants can add the names of their spouses and children on their AOS applications (I-145) easily and create a primary-derivative pending application. But a Green Card holder who wishes to marry someone can not get his/ her spouse in the United States for over 6 years. The current legislation allows immediate family members such as spouse and children of citizens to be in the country in around 6 to 9 months but not so much for the permanent resident (PR). This leaves the PR holder with one of two options: live without family for 6 years or move with the family back to another country. The former is resulting in many broken families and against the American history that promotes family values. The latter is not feasible because PR laws require Green Card holders to be in the US for over 6 months a year to maintain the PR status. Is this really what our lawmakers want us to live with - 2 choices that change people's life for the worst?
On further understanding of the issue, I realize that legislation change is needed to allow reuniting families. This needs to be sorted out, I want the lawmakers to consider people who became PRs through an H1 or L1 employment route be given the benefit of getting their families more easily since they had those benefits when on the Non-Immigrant Visa. Then why stop a permanent resident from being with his/ her family? The lawmakers may be concerned that allowing all Green card holders to do so will increase the misuse of this option and promote marriages of convenience; but the beneficiaries through employment category should be allowed because they could avail of it while in the pending state in any case. This needs a legislation change and may address a big chunk of the issue at hand.
The one last scenario that I feel is a no brainier and needs no legislation change but more of a USCIS policy change is very straight forward and it becomes more relevant in this age of retrogression. This is the reason why my friend was unhappy and I have a feeling I may end up in this situation too and therefore will use myself as an example:
Based on yesterday's announcement I apply for my AOS. As mentioned in earlier emails the benefits of the AOS pending let me come out a of a stagnant career path. I am single and 30 years old. Since I do not have a wife, my application has no derivative. 2 months down the line I find the love of my life and get married in 3-4 months - before my AOS has been approved. Now I want to have my wife get the benefit of the AOS as well such that I can get her the Green Card too - to avoid the 6 year waiting time she will have if I apply after I get approved. But by then the retrogression dates move back again and my PD is not current anymore. Per the current USCIS process one can not apply for AOS if the date is not current. That process is also extrapolated to derivative applicants where the primary is pending and therefore the derivative has to wait for the dates to get current. The problem with this issue is that because no one has visibility into how USCIS approves application the primary may get approved as soon as the dates become current before the derivative could apply for the AOS. The derivative will not be able to apply for AOS and will have to go back of the country and wait outside for 6 years to file using the other path. Even though the marriage took place before the primary got approved but a process guideline prevents the derivative to apply. This is a very cruel process for people who are about to get married but do not want to risk a broken family and are delaying filing their AOS even though the visa bulletin allows them to. God knows when this window will open again. My friend has to choose between filing his own AOS or marriage. A simple process update can help us fix this situation. While the USCIS and people are still debating allowing filing of 485s with retrogressed PDs, this is a side issue that is recommending allowing filing of 485 for derivatives ASAP (instead of waiting for the primary's PD to become current again) if the 485 of the primary is already pending to avoid long waiting years for a couple to be together.
After hearing this issue, I am worried. My AOS was sent on Jul 2 and I am considering getting married by October. My PD is Dec 2004 EB2 India and may stay retrogressed for sometime. Per current process I will not be able to add my wife until my PD becomes current again and fear that my GC might get approved before I could do that...Ironically I am praying for a delay in my approval just so that I can build a family. This does not need a legislation change but a process review and change by the USCIS. This will help reduce the confusion on interfiled application and also reduce the strain on the 5-6 years of follow-on green cards.
Please feel free to contact me to further understand this issue. Read the following complicated analysis attorney Murthy has laid out to explain this situation: http://www.murthy.com/news/n_retspo.html
Thanks
Gautam
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It appears you created this ID just today only to post this message.
Sounds fishy.
That is absolutely correct.
(I deleted the post on this thread. The poster shamelessly posted the company URL and info on his post to promote the consulting company.). We have immediately banned this user and have been deleting the same in the past too and banning this user.
This ID was created and the other ID for which this person was complaining was posting to promote his website and company on IV. The company is another consulting company trying to get employees from this site by luring them for greencard sponsorship. Now when IV deletes such posts, they start hating IV.
There have been several instances where other immigration site owners and health insurance agents for US visitors have created IDs on our site and posted information to promote their insurance or site. We will continue to delete them. This effort is not about making money like they do from the for profit site and company, but we use our contributions and money to help the lobbying effort. We will disallow anyone using this site to promote their business. We have seen what they have written against IV on other sites and this site and it proves that they do not care about this cause and just want to make money off members of this site. If some business or website, truly cares about this cause, they need to show it by posting IV banner ad on their website and/or contributing to this cause. And yes, we will definitely acknowledge their contributions on this site publicly. But we will not allow any business interest taking advantage of IV for their own promotion or financial interests.
There have been members who post insulting messages on the site and get banned. Once they get banned, they go to other sites and post negative messages against IV. IV has refrained from exposing them or countering them. We have better things to do and do not have time for their nonsense. However this thread should now tell our members how difficult it is to moderate our forums so that it does not go out of control and how we take decisions to ban members. We do not like to ban anyone. But only ban when it crosses the line.
We are not scared of any threats. Infact we have received threats from all kinds of people. As long as we do what is right and in the interest of our members we are certain we will win this struggle for which IV was created.
Sounds fishy.
That is absolutely correct.
(I deleted the post on this thread. The poster shamelessly posted the company URL and info on his post to promote the consulting company.). We have immediately banned this user and have been deleting the same in the past too and banning this user.
This ID was created and the other ID for which this person was complaining was posting to promote his website and company on IV. The company is another consulting company trying to get employees from this site by luring them for greencard sponsorship. Now when IV deletes such posts, they start hating IV.
There have been several instances where other immigration site owners and health insurance agents for US visitors have created IDs on our site and posted information to promote their insurance or site. We will continue to delete them. This effort is not about making money like they do from the for profit site and company, but we use our contributions and money to help the lobbying effort. We will disallow anyone using this site to promote their business. We have seen what they have written against IV on other sites and this site and it proves that they do not care about this cause and just want to make money off members of this site. If some business or website, truly cares about this cause, they need to show it by posting IV banner ad on their website and/or contributing to this cause. And yes, we will definitely acknowledge their contributions on this site publicly. But we will not allow any business interest taking advantage of IV for their own promotion or financial interests.
There have been members who post insulting messages on the site and get banned. Once they get banned, they go to other sites and post negative messages against IV. IV has refrained from exposing them or countering them. We have better things to do and do not have time for their nonsense. However this thread should now tell our members how difficult it is to moderate our forums so that it does not go out of control and how we take decisions to ban members. We do not like to ban anyone. But only ban when it crosses the line.
We are not scared of any threats. Infact we have received threats from all kinds of people. As long as we do what is right and in the interest of our members we are certain we will win this struggle for which IV was created.
3/ How likely is it that PACE will become law?
Extremely likely. It is a bill with bipartisan support (almost equal number of Republican and Democrat co-sponsors). Plus, there is tremendous political will in Washington DC right now, cutting across party lines, to enact a legislation that will maintain America�s competitiveness in science and technology. The traditional anti-immigrant lobby that usually shoots down such legislation is also not too bothered by the automatic adjustment of status (AOS) privileges (i.e. a GC) being provided to PhDs, as the total number of PhDs is too miniscule a number, and seen to add tremendous value to the system for even them and their prejudices to oppose it. The total number that will be given these benefits under PACE will be a few hundreds, and this at a time when there are bills in senate and congress to legalize the 11 million (i.e. 11,000, 000) illegal workers living presently within US borders. Please know that the PACE bill is inspired by the highly regarded National Academies report that came out in the latter half of last year, and therefore has very strong credentials backing it. The only thing we have to do is to get these minor amendments incorporated into PACE; otherwise the bill will be passed and we will be left high and dry, and there won�t be as good a chance for us in the near future to get that elusive green card.
Extremely likely. It is a bill with bipartisan support (almost equal number of Republican and Democrat co-sponsors). Plus, there is tremendous political will in Washington DC right now, cutting across party lines, to enact a legislation that will maintain America�s competitiveness in science and technology. The traditional anti-immigrant lobby that usually shoots down such legislation is also not too bothered by the automatic adjustment of status (AOS) privileges (i.e. a GC) being provided to PhDs, as the total number of PhDs is too miniscule a number, and seen to add tremendous value to the system for even them and their prejudices to oppose it. The total number that will be given these benefits under PACE will be a few hundreds, and this at a time when there are bills in senate and congress to legalize the 11 million (i.e. 11,000, 000) illegal workers living presently within US borders. Please know that the PACE bill is inspired by the highly regarded National Academies report that came out in the latter half of last year, and therefore has very strong credentials backing it. The only thing we have to do is to get these minor amendments incorporated into PACE; otherwise the bill will be passed and we will be left high and dry, and there won�t be as good a chance for us in the near future to get that elusive green card.
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My case got transferred from NSC->CSC->NSC. After making numerous calls individually, finally called NSC with my wife online too. Surprisingly she got her FP notices a week after we called where as I am missing mine.
Further more, my case was scheduled earlier than my wifes application. Not sure what is going on ? Does this sound normal ? Anyone else who received their FP notices separately and were scheduled on different days ?
Further more, my case was scheduled earlier than my wifes application. Not sure what is going on ? Does this sound normal ? Anyone else who received their FP notices separately and were scheduled on different days ?
EAD to your home address, AP to your lawyer.
Pappu,
Do I need to post my question on this thread or I can pass it on before in time to StarSun or you? B'cause posting my GC issue with personal information would not look appropriate on a public forum.
Let me know.
If you have privacy concerns (you should not be as everyone is identified only by their usernames on IV forum) you can email starsun and then be available to ask it yourself in the call
Do I need to post my question on this thread or I can pass it on before in time to StarSun or you? B'cause posting my GC issue with personal information would not look appropriate on a public forum.
Let me know.
If you have privacy concerns (you should not be as everyone is identified only by their usernames on IV forum) you can email starsun and then be available to ask it yourself in the call
-Can USCIS offer premium processing on I-485 after they re-capture lost visa numbers ?
2010 Cherry Blossom Tattoos - What
Actually I just wanted to point out the generic indifference shown towards the feeling of people of India by mainstream western media and governments - the long wait in immigration queue and ignoring the plight of Indian legal immigrant aspirants , setting a per country quota ignoring its population representation is just an extension of the same mentality... and I also wanted to point out how this mentality of deliberately ignoring Indian feelings and values is going to become increasingly irrelevant in the changing world where BRIC countries will wield increasing power.
Friend la6470, I totally understand your feelings.
However your statement "setting a per country quota ignoring its population representation is just an extension of the same mentality... and I also wanted to point out how this mentality of deliberately ignoring Indian feelings and values is going to become increasingly irrelevant in the changing world where BRIC countries will wield increasing power." can be used against the measures requested for removing the country quota.
Today inspite of the quota we are sort of demanding or in other words saying Google(US based company) should display Diwali. If country quota is abolished many more of us will beome PR and then citizens then we will be in a better position to demand the incorporation of our cultural values/ religious values in this country and thus the cultural/religious equillibrium of this country will get effected. So they will say this is the reason that the country quota should stay.
This way your innocent statement can be used against you and us. This was my concern against these type of nor immigration and matters related to only one country/region/religion being posted in this forum.
Hope you understand me.
Friend la6470, I totally understand your feelings.
However your statement "setting a per country quota ignoring its population representation is just an extension of the same mentality... and I also wanted to point out how this mentality of deliberately ignoring Indian feelings and values is going to become increasingly irrelevant in the changing world where BRIC countries will wield increasing power." can be used against the measures requested for removing the country quota.
Today inspite of the quota we are sort of demanding or in other words saying Google(US based company) should display Diwali. If country quota is abolished many more of us will beome PR and then citizens then we will be in a better position to demand the incorporation of our cultural values/ religious values in this country and thus the cultural/religious equillibrium of this country will get effected. So they will say this is the reason that the country quota should stay.
This way your innocent statement can be used against you and us. This was my concern against these type of nor immigration and matters related to only one country/region/religion being posted in this forum.
Hope you understand me.
Thanks. One question, I may not have asked it properly:
What I had (mis-) understood till date was: there were 2 ways for employment based GC: 1) if I was outside US all along, and the employer applied my employment based GC for future employment, and 2) if I was working in US for the employer and he applied for my EB2 GC based on the job that I was offered and was working on.
Both are for future employment.
1) means immigrant visa at consulate abroad (consular processing)
2) choice of immigrant visa at consulate abroad OR I-485 application to adjust status
It is possible to switch from I-485 to immigrant visa abroad by filing I-824 with NVC.
_______________________
Not a legal advice.
US citizen of Indian origin
What I had (mis-) understood till date was: there were 2 ways for employment based GC: 1) if I was outside US all along, and the employer applied my employment based GC for future employment, and 2) if I was working in US for the employer and he applied for my EB2 GC based on the job that I was offered and was working on.
Both are for future employment.
1) means immigrant visa at consulate abroad (consular processing)
2) choice of immigrant visa at consulate abroad OR I-485 application to adjust status
It is possible to switch from I-485 to immigrant visa abroad by filing I-824 with NVC.
_______________________
Not a legal advice.
US citizen of Indian origin
hair Japanese Cherry Blossom Tree
Originally posted by Kitiara
Grrr... Watch what you say young man. I'm packing trout here... :evil:
First off, young man? I may sound twelve, but I'm almost 14 and a half!!!
Second, I have a skillet lined with butter all set for a fresh trout. Now, where'd I put that lemon wedge and the spices? Would you be so kind as to clean and gut that beauty of a trout you have? I'll preheat the skillet...
-Al
Grrr... Watch what you say young man. I'm packing trout here... :evil:
First off, young man? I may sound twelve, but I'm almost 14 and a half!!!
Second, I have a skillet lined with butter all set for a fresh trout. Now, where'd I put that lemon wedge and the spices? Would you be so kind as to clean and gut that beauty of a trout you have? I'll preheat the skillet...
-Al
I could have rallied all night..
And still have begged for more
I could have spread my wings
And done a thousand things
I've never done before
I never know what made it so
EXCITING!!
Nice meeting u and ur kid is so sweet :)
And still have begged for more
I could have spread my wings
And done a thousand things
I've never done before
I never know what made it so
EXCITING!!
Nice meeting u and ur kid is so sweet :)
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for me its erroring out saying incorrect alert id. Any thoughts ?
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Fax sent
Thanks for everyone for being part of Immigration voice
Thanks for everyone for being part of Immigration voice
tattoo Cherry Blossom (Back Tattoo)
Are the processing times according to the notice date or the received date ? Mine are 4 months apart.
It is based on Received date but some are saying that CIS is not really following that but in "THEORY", its the RCVD Date.
It is based on Received date but some are saying that CIS is not really following that but in "THEORY", its the RCVD Date.
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IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
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primary care physician....so that insurance covers it.
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While we can seek IV's help in this for future.......
If majority of the people
- dont want to be involved with IV action items,
- can not overcome their obsession about receipt notice and FP notice and EAD/AP approval...., and anxiety attacks about visa bulletins
then there will be a time where there is no IV.
If majority of the people
- dont want to be involved with IV action items,
- can not overcome their obsession about receipt notice and FP notice and EAD/AP approval...., and anxiety attacks about visa bulletins
then there will be a time where there is no IV.
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I think that instead of exhausting our energy on this issue, we better think how to make progress in our fight against injustice. And to all those who are using an abusing language .... please show your guts when you go for your next visa stamping or when entering the United States on a port of entry and try to use the similar language.... you surely will get an answer/lesson you will remember for rest of your life.
Yes Agreed.
Moving forward, we will refrain from answering anyone who is banned. It is a waste of time and energy that can be used for something that helps our real and contributing members. But whatever is being posted on this thread will now give a sense to others of what goes on in moderating these forums and what we do is for a reason and in the interest of the forum and the organization.
If someone feels that they are banned in error they must directly contact us. Make sure you are not anonymous. Because we do not respond to anonymous inquiries. http://immigrationvoice.org/index.php?option=com_content&task=view&id=76
The thread is now closed and made a sticky for future reference.
Yes Agreed.
Moving forward, we will refrain from answering anyone who is banned. It is a waste of time and energy that can be used for something that helps our real and contributing members. But whatever is being posted on this thread will now give a sense to others of what goes on in moderating these forums and what we do is for a reason and in the interest of the forum and the organization.
If someone feels that they are banned in error they must directly contact us. Make sure you are not anonymous. Because we do not respond to anonymous inquiries. http://immigrationvoice.org/index.php?option=com_content&task=view&id=76
The thread is now closed and made a sticky for future reference.
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thanks kaiserrose .... that makes sense
Still haven't had time to even open Photoshop, I'm hoping to get to it tonight. I get my new labtop on monday so I can work on the battles at work also and upload. My first volley or two will be lame, but by next week I'll have some more resources to work with and time. Expect it tonight or tomorrow morning.
1. I am a US Citizen living in India?
Yes
2. If I am a GC holder living in India?
No (Yes if the person resides is in the US while claiming SS benefits)
3. I am neither a US citizen nor a GC holder living in India?
No (Yes if the person resides is in the US while claiming SS benefits)
Even with 40 credits it is not possible for Indian nationals to get SS payments in India. If you look at the rules closely on the SSA website, there is no simple way to get benefits paid in India unless you are a US Citizen. You must be present in the US for that
Refer to http://www.ssa.gov/pubs/10137.html, #2 and #3 WRONG
What happens to your right to Social Security payments when you are outside the U.S.?
EXCERPTS RELATED to 40 CREDITS COUNTRIES
You are a citizen of one of the countries listed below, and the worker on whose record your benefits are based lived in the U.S. for at least 10 years or earned at least 40 credits under the U.S. Social Security system. If you are receiving benefits as a dependent or survivor, see additional requirements.
Afghanistan
Australia
Bangladesh
Bhutan
Botswana
Burma
Burundi
Cameroon
Cape Verde
Central African Rep.
Chad
China
Congo, Rep. of
Ethiopia
Fiji
Gambia
Ghana
Haiti
Honduras
India
Indonesia
Kenya
Laos
Lebanon
Lesotho
Liberia
Madagascar
Malawi
Malaysia
Mali
Mauritania
Mauritius
Morocco
Nepal
Nigeria
Pakistan
St. Vincent & Grenadines
Senegal
Sierra Leone
Singapore
Solomon Islands
Somalia
South Africa
Sri Lanka
Sudan
Swaziland
Taiwan
Tanzania
Thailand
Togo
Tonga
Tunisia
Uganda
Yemen
Additional residency requirements for dependents and survivors
If you receive benefits as a dependent or survivor of the worker, special requirements may affect your right to receive Social Security payments while you are outside the U.S. If you are not a U.S. citizen, you must have lived in the U.S. for at least five years. During that five years, the family relationship on which benefits are based must have existed.
Children may meet this residency requirement on their own or may be considered to meet the residency requirement if it is met by the worker and other parent (if any). However, children adopted outside the U.S. will not be paid outside the U.S., even if the residency requirement is met.
Yes
2. If I am a GC holder living in India?
No (Yes if the person resides is in the US while claiming SS benefits)
3. I am neither a US citizen nor a GC holder living in India?
No (Yes if the person resides is in the US while claiming SS benefits)
Even with 40 credits it is not possible for Indian nationals to get SS payments in India. If you look at the rules closely on the SSA website, there is no simple way to get benefits paid in India unless you are a US Citizen. You must be present in the US for that
Refer to http://www.ssa.gov/pubs/10137.html, #2 and #3 WRONG
What happens to your right to Social Security payments when you are outside the U.S.?
EXCERPTS RELATED to 40 CREDITS COUNTRIES
You are a citizen of one of the countries listed below, and the worker on whose record your benefits are based lived in the U.S. for at least 10 years or earned at least 40 credits under the U.S. Social Security system. If you are receiving benefits as a dependent or survivor, see additional requirements.
Afghanistan
Australia
Bangladesh
Bhutan
Botswana
Burma
Burundi
Cameroon
Cape Verde
Central African Rep.
Chad
China
Congo, Rep. of
Ethiopia
Fiji
Gambia
Ghana
Haiti
Honduras
India
Indonesia
Kenya
Laos
Lebanon
Lesotho
Liberia
Madagascar
Malawi
Malaysia
Mali
Mauritania
Mauritius
Morocco
Nepal
Nigeria
Pakistan
St. Vincent & Grenadines
Senegal
Sierra Leone
Singapore
Solomon Islands
Somalia
South Africa
Sri Lanka
Sudan
Swaziland
Taiwan
Tanzania
Thailand
Togo
Tonga
Tunisia
Uganda
Yemen
Additional residency requirements for dependents and survivors
If you receive benefits as a dependent or survivor of the worker, special requirements may affect your right to receive Social Security payments while you are outside the U.S. If you are not a U.S. citizen, you must have lived in the U.S. for at least five years. During that five years, the family relationship on which benefits are based must have existed.
Children may meet this residency requirement on their own or may be considered to meet the residency requirement if it is met by the worker and other parent (if any). However, children adopted outside the U.S. will not be paid outside the U.S., even if the residency requirement is met.