Hinglish
03-21 05:49 PM
Your arugment would hold if there were no country limits.
Thats whats amazing ... for the redistribution there is NO country limit !!!!
Thats whats amazing ... for the redistribution there is NO country limit !!!!
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sanju
03-05 03:58 PM
Ya, I am thinking of starting an outsourcing company which could take this stupid easy work from USCIS and outsource all that work to Thailand. Then I will sponsor work visa for all these bumps at USCIS to work in the outsourced site. Soon you will see me in the court of loo doggs answering his question "how in the world did you outsource all these 'american' jobs"? And my answer would be 'because these guys were all genius and were expert at eastimating the cost of running a query. So we hired bunch of them to represent the company with USCIS."
.
I think I know how this works. They would outsource this program to some govt contractor (or ask the govt contractor who is working on their data ) to produce that report which costs (<10$ worth of time/effort, if they have all the data).
If all they want is money ..so be it. I am ready to pony up $50 for this,if we all approach together. But as someone suggested country of chargability is a must.
.
I think I know how this works. They would outsource this program to some govt contractor (or ask the govt contractor who is working on their data ) to produce that report which costs (<10$ worth of time/effort, if they have all the data).
If all they want is money ..so be it. I am ready to pony up $50 for this,if we all approach together. But as someone suggested country of chargability is a must.
mohican
01-14 03:37 PM
I finally got the letters and the root cause of my I485 denial. My previous employer informed that they used my approved I140 for another employee. As many of you might know this I140 substitution practice was a loophole until June 2007. These days companies can not do this any more.
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
So probably when my I485 came up for adjudication, there was no I140 since it had been used and hence they denied it. Now, I changed jobs per AC21 rules--yeah the famous rule that USCIS ignores. I am waiting on my current attorneys to file an MTR as soon as possible.
Question to forum members:
1. Are there folks in EXACTLY similar situation?
2. If yes, after filing MTR and it getting accepted, what are next steps since one definitely needs a approved I140?
3. Further to #2 above, does one need to file another I140 and port the previous date? I am sure this would take longer time than the current H1b that I hold until June 2009.
4. Can any one share lawyer name and contact info who might have favorably helped a forum member so that I can contact the person and get a second opinion to discuss legal strategies that might be available.
Best-
Mohican
2011 Tags: Wallpaper, Photoshop
nat23
04-16 06:03 PM
Fragomen has been great for me
It depends on which office of Fragomen you are dealing with or should I say which attorney. One of the attorneys in DC office took 8-9 months to file my labor.
It depends on which office of Fragomen you are dealing with or should I say which attorney. One of the attorneys in DC office took 8-9 months to file my labor.
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yabadaba
11-08 03:50 PM
The reason some of us long timers at IV are ired with the Ombudsman is because this drives us off message. We end up discussing non relevant topics.
We have one goal. Relief for thousands of us who are stuck in limbo because of antiquated immigration policies for skilled immigrants.
Today is a good day for us. Why? Because any change is better than the do nothing congress before this one. We need to be energized and reinvigorated to take this race to the finish line.
In times like this the Ombudsman is a distraction. His views are a distraction. When you start feeling helpless or get the age old feeling that nothing will happen, you have lost the battle.
We have one goal. Relief for thousands of us who are stuck in limbo because of antiquated immigration policies for skilled immigrants.
Today is a good day for us. Why? Because any change is better than the do nothing congress before this one. We need to be energized and reinvigorated to take this race to the finish line.
In times like this the Ombudsman is a distraction. His views are a distraction. When you start feeling helpless or get the age old feeling that nothing will happen, you have lost the battle.
BharatPremi
12-10 10:43 AM
Well said Logiclife and Chanduv23.
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mpsamant
07-19 10:53 PM
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
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anilsal
12-11 04:20 PM
please close the thread.
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rajuseattle
01-14 07:11 PM
Mohican,
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.
I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.
Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
or for some other reason revoked your approved I-140.
If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.
Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.
Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.
Technically you can not use EAD until they restore your I-485 petition.
Wish you good luck and hope you will have a successful outcome.
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brugen
08-19 03:09 PM
Fragomen employees are told they represent the company. The company is their client. They are a corporate law firm. There are instances when the law firm represents you, the foreign national. Usually this is when you are applying via a marriage based case, or are in the final green card process and it has reached portability. There is information that law firms cannot release to you as some information requested belongs to the client, and they must receive authorization from the client. Yes, I used to work for Fragomen, before anyone wants to assume anything. I was a paralegal and worked hard for every case that was given into my hands. I specialized in the green card process and made sure I responded to every foreign national as quickly as I can. Please understand that paralegals and legal assistants are subject to the attorneys they work for. Therefore, some questions you may ask require an attorney to respond, and the paralegal or legal assistant's delay may be in trying to get the answer you require. I know not all Fragomen offices work the same. Not all will respond to you in the same manner. Some may be worse than others. So if you are going to defame Fragomen, would you please try to specify which office you are referring to?
I have read through all the posts on this thread and I know some of you have positive experiences, while others have had very negative experiences. To those of you who have had negative experiences, I am sorry that your case went to someone who only looked at their work as a job. For me, each one of my foreign nationals were special cases, each required as much care and concern that I could give them. None of my cases were ever denied. I wish you all the best in this process. I know it is a long and, many times, frustrating process, especially with countless delays due to either the law firm, your company, or the government.
And for the person who had asked about the prevailing wage, it comes from the state employment department, not the federal government. Some offices work faster than others. When a prevailing wage comes back higher than what you are making, the law firm then has to go back to the employer to find a resolution, which can mean either an increase in the salary once you have received the green card, or confirmation that is what you will be making at that time, or a reduction in the requirements, which can sometimes take a case from EB2 to the EB3 visa category.
I have read through all the posts on this thread and I know some of you have positive experiences, while others have had very negative experiences. To those of you who have had negative experiences, I am sorry that your case went to someone who only looked at their work as a job. For me, each one of my foreign nationals were special cases, each required as much care and concern that I could give them. None of my cases were ever denied. I wish you all the best in this process. I know it is a long and, many times, frustrating process, especially with countless delays due to either the law firm, your company, or the government.
And for the person who had asked about the prevailing wage, it comes from the state employment department, not the federal government. Some offices work faster than others. When a prevailing wage comes back higher than what you are making, the law firm then has to go back to the employer to find a resolution, which can mean either an increase in the salary once you have received the green card, or confirmation that is what you will be making at that time, or a reduction in the requirements, which can sometimes take a case from EB2 to the EB3 visa category.
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eb3_nepa
12-01 01:23 PM
SATYAGRAH is an Excellent idea.One day hunger strike near Capitol hill will give enough media attention ! I think it is legal to protest in a peacefull way. It is much better than rally ! I am ready to participate in SATYAGRAH in DC !
Keep aggressively working on SATYAGRAH (insist for truth) to end retrogression. If nothing happen in lame duck session, I would suggest to gether at DC (may be 50-100 people) and have one day hunger opposition. One person can dress like Gandhi to attract attention of media. Send one flower and picture of Gandhi to all Congree members with just one line message and it can be repeated every week.
Might wanna get a REALLY strong woolen shawl for the guy playing Gandhiji, if we're doing it in winter ;)
Just a question, how is this so called "Satyagragh" going to work? We fast and stand outside the white house protesting?
Keep aggressively working on SATYAGRAH (insist for truth) to end retrogression. If nothing happen in lame duck session, I would suggest to gether at DC (may be 50-100 people) and have one day hunger opposition. One person can dress like Gandhi to attract attention of media. Send one flower and picture of Gandhi to all Congree members with just one line message and it can be repeated every week.
Might wanna get a REALLY strong woolen shawl for the guy playing Gandhiji, if we're doing it in winter ;)
Just a question, how is this so called "Satyagragh" going to work? We fast and stand outside the white house protesting?
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vinabath
03-21 02:47 PM
I propose to dissolve USCIS. No matter what USCIS failed in all respects of appeasing
1. Indians
2. Chinese
3. Mexicans
4. ROW
5. Philippines
6. EB1
7. EB2 - NOW
8. EB2
9. EB3
10. EB4
11. EB5
1. Indians
2. Chinese
3. Mexicans
4. ROW
5. Philippines
6. EB1
7. EB2 - NOW
8. EB2
9. EB3
10. EB4
11. EB5
more...
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chanduv23
09-25 06:27 AM
Take it easy for the time being - IV is looking into what to do next. Use this time to stabilize state chapters , conduct social events so that people can have a nice time.
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nb_des
07-06 02:54 PM
I believe it is very practical and if it is included in SKIL bill I do not see any opposition coming in senate or house just on this point. L1 spouses were not allowed to work till few years back congress amended it and allowed them to work. Same is very much possible for H4 also.
Those of you who do not agree remeber L2 were also dependednt few years back and are still dependents but they were allowed to work few years back by Congress.
Those of you who do not agree remeber L2 were also dependednt few years back and are still dependents but they were allowed to work few years back by Congress.
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sanju
09-12 03:01 PM
Agree 100%. Just to add under the section 'if McSame wins' -
Sen. McCain, a "Maverick" whatever that means, is a close friend to Sen. Lindsey Graham of SC. During the 2007 CIR debate, in the context of skilled immigration, Sen. Lindsey Graham commented - we do not want anymore Indian PHDs coming into US. Sen. Graham was talking about high-skilled immigration in general. Though Mccain supposedly makes his own decisions, the future looks bleak with either candidates.
I think many people on this and other forums would love to see President Obama due to opposition to war and slogan of change, to some extent - myself included. But most of us do not fully know the after-effects on this community. Get ready to feel the wrath of Sen. Durbin. It will get real nasty.
if Obama wins:
+ its better for the world in general. The last thing we want is more of GWB policies destroying both America's economy, civil rights, and respect in the world.
- his best friend Durbin will again pick up the stick and start beating up on H1 sponsoring. EB will also get run over by the same bus.
- FB immigration will be put in preference over EB, we are screwed.
if McSame wins:
+ my taxes remain low
- CIR is back. 13 millions illegals will get in line. points based system for EB immigration and we are all screwed again.
- if McCain does not live through his presidency, the biggest country and economy in the world, with the largest number of nuclear weapons, the largest amount of military spending... the rome of our time, with nearly unlimited power and presence around teh world, will be run by a mayor of a small town. Rember her trying to get her brother-in-law police officer fired during her sisters divorce? And when the administrator refused her requests, he fired him? Remember how she emails people off-the-record from her Yahoo account? Remember how she CC's her husband on official emails? Do you want someone that stupid, who already abused whatever little powers a mayor and governor has, to be the commander-in-chief of the united states armed forces?
Either way immigration-wise we are screwed. I think for the sake of the rest of the world we must wish that this time McCain loses this election. He has made a very stupid VP choice.
Sen. McCain, a "Maverick" whatever that means, is a close friend to Sen. Lindsey Graham of SC. During the 2007 CIR debate, in the context of skilled immigration, Sen. Lindsey Graham commented - we do not want anymore Indian PHDs coming into US. Sen. Graham was talking about high-skilled immigration in general. Though Mccain supposedly makes his own decisions, the future looks bleak with either candidates.
I think many people on this and other forums would love to see President Obama due to opposition to war and slogan of change, to some extent - myself included. But most of us do not fully know the after-effects on this community. Get ready to feel the wrath of Sen. Durbin. It will get real nasty.
if Obama wins:
+ its better for the world in general. The last thing we want is more of GWB policies destroying both America's economy, civil rights, and respect in the world.
- his best friend Durbin will again pick up the stick and start beating up on H1 sponsoring. EB will also get run over by the same bus.
- FB immigration will be put in preference over EB, we are screwed.
if McSame wins:
+ my taxes remain low
- CIR is back. 13 millions illegals will get in line. points based system for EB immigration and we are all screwed again.
- if McCain does not live through his presidency, the biggest country and economy in the world, with the largest number of nuclear weapons, the largest amount of military spending... the rome of our time, with nearly unlimited power and presence around teh world, will be run by a mayor of a small town. Rember her trying to get her brother-in-law police officer fired during her sisters divorce? And when the administrator refused her requests, he fired him? Remember how she emails people off-the-record from her Yahoo account? Remember how she CC's her husband on official emails? Do you want someone that stupid, who already abused whatever little powers a mayor and governor has, to be the commander-in-chief of the united states armed forces?
Either way immigration-wise we are screwed. I think for the sake of the rest of the world we must wish that this time McCain loses this election. He has made a very stupid VP choice.
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StuckInTheMuck
07-15 11:19 AM
I requested (actually begged) my employer and attorney to pursue EB1 as well - they said no - lawyer's response is EB1 is very difficult and you should be someone of nobel prize calibre etc.etc.
...
I went ahead with another private attorney to submit another EB1 I140 separately which is still pending.
I understand your self-petition is in EB1-EA ("extraordinary ability") category, right? If your employer's lawyer had to file EB1 on your behalf, she/he had to do this in either EB1-OR ("outstanding researcher") or EB1-ET ("executive transferee") category, depending on whether you are employed in academics or industry. That may mean more paperwork for the lawyer and/or expense for the employer, which might explain their reluctance in pursuing that option. And in general, a lawyer hired by your employer does not always have your best interest in mind (unless it coincides with the interest of your employer).
...
I went ahead with another private attorney to submit another EB1 I140 separately which is still pending.
I understand your self-petition is in EB1-EA ("extraordinary ability") category, right? If your employer's lawyer had to file EB1 on your behalf, she/he had to do this in either EB1-OR ("outstanding researcher") or EB1-ET ("executive transferee") category, depending on whether you are employed in academics or industry. That may mean more paperwork for the lawyer and/or expense for the employer, which might explain their reluctance in pursuing that option. And in general, a lawyer hired by your employer does not always have your best interest in mind (unless it coincides with the interest of your employer).
more...
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amitjoey
05-31 04:38 PM
http://www.parlipro.org/table.htm
Purpose:
The Object of this motion is to enable the assembly, in order to attend to more urgent business, to lay aside the pending question in such a way that its consideration may be resumed at the will of the assembly as easily as if it were a new question, and in preference to new questions competing with it for consideration. It is to the interest of the assembly that this object should be attained instantly by a majority vote, and therefore this motion must either apply to, or take precedence of, every debatable motion whatever its rank.
The motion to Lay on the Table is undebatable, and requires only a majority vote, notwithstanding the fact that if not taken from the table the question is suppressed.
These are dangerous privileges which are given to no other motion whose adoption would result in final action on a main motion. There is a great temptation to make an improper use of them, and lay questions on the table for the purpose of instantly suppressing them by a majority vote, instead of using the previous question, the legitimate motion to bring the assembly to an immediate vote.
The fundamental principles of parliamentary law require a two-thirds vote for every motion that suppresses a main question for the session without free debate. The motion to lay on the table being undebatable, and requiring only a majority vote, and having the highest rank of all subsidiary motions, is in direct conflict with these principles, if used to suppress a question. If habitually used in this way, it should, like the other motions to suppress without debate, require a two-thirds vote. [Note: The current (Tenth) edition of Robert's Rules of Order Newly Revised, does not permit this usage of Lay on the Table to suppress a question.]
As motions laid on the table are merely temporarily laid aside, the majority should remember that the minority may all stay to the moment of final adjournment and then be in the majority, and take up and pass the resolutions laid on the table. They may also take the question from the table at the next meeting in societies having regular meetings as frequently as quarterly. If not taken from the table at the next meeting, however, the motion dies.
Purpose:
The Object of this motion is to enable the assembly, in order to attend to more urgent business, to lay aside the pending question in such a way that its consideration may be resumed at the will of the assembly as easily as if it were a new question, and in preference to new questions competing with it for consideration. It is to the interest of the assembly that this object should be attained instantly by a majority vote, and therefore this motion must either apply to, or take precedence of, every debatable motion whatever its rank.
The motion to Lay on the Table is undebatable, and requires only a majority vote, notwithstanding the fact that if not taken from the table the question is suppressed.
These are dangerous privileges which are given to no other motion whose adoption would result in final action on a main motion. There is a great temptation to make an improper use of them, and lay questions on the table for the purpose of instantly suppressing them by a majority vote, instead of using the previous question, the legitimate motion to bring the assembly to an immediate vote.
The fundamental principles of parliamentary law require a two-thirds vote for every motion that suppresses a main question for the session without free debate. The motion to lay on the table being undebatable, and requiring only a majority vote, and having the highest rank of all subsidiary motions, is in direct conflict with these principles, if used to suppress a question. If habitually used in this way, it should, like the other motions to suppress without debate, require a two-thirds vote. [Note: The current (Tenth) edition of Robert's Rules of Order Newly Revised, does not permit this usage of Lay on the Table to suppress a question.]
As motions laid on the table are merely temporarily laid aside, the majority should remember that the minority may all stay to the moment of final adjournment and then be in the majority, and take up and pass the resolutions laid on the table. They may also take the question from the table at the next meeting in societies having regular meetings as frequently as quarterly. If not taken from the table at the next meeting, however, the motion dies.
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seahawks
09-07 06:30 PM
My wife and me are coming all the way from Seattle. We are so proud to be part of the Rally. After being a victim of back log center, retrogression, filing 485 was a relief. However there are long ways to go, we think about the the people who are just filing the labor, people who are still stuck in backlog centers, and probably our 485 application who knows may be stuck in name check, the whole GC process is flawed. I have been a member a long time, now I get to meet all of you! I appreciate each of you guys who volunteer and spend selfless hours in support of a cause that is critical for anyone aspiring to be a legal permanent resident! The best way to thank everyone is to SHOW UP!
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imv116
07-21 07:07 PM
If you want to file law suite, you should have done that long back.
You should have done it when PERM was brought into process. Also, there is nothing said in PERM process that people should not re-file.
But blaming the process just because every one is made current is wrong. If some one knew the know-how, and was in hands of a good employer, even people who came in 2007 are ready for 485.
The whole immigration system is messed up. It is sad to see people stuck in BEC suffer, but you all had every chance to re-apply and you have every right to be in front of perm people, so is it goes when USCIS is assigning numbers.
Also as posted by members, if all cases would be cleared by 2007 Sep, than you all have high possibility to be in the next VB, which could only be few months away. Also they might bring speed 140 back.
-imv116
You should have done it when PERM was brought into process. Also, there is nothing said in PERM process that people should not re-file.
But blaming the process just because every one is made current is wrong. If some one knew the know-how, and was in hands of a good employer, even people who came in 2007 are ready for 485.
The whole immigration system is messed up. It is sad to see people stuck in BEC suffer, but you all had every chance to re-apply and you have every right to be in front of perm people, so is it goes when USCIS is assigning numbers.
Also as posted by members, if all cases would be cleared by 2007 Sep, than you all have high possibility to be in the next VB, which could only be few months away. Also they might bring speed 140 back.
-imv116
factoryman
02-09 10:21 PM
Your points are good. It is like a group of surgeons, coming out of OT (Operation Theatre), sweating it out, congradulating each other, and saying, 'the operation was successful. but in the end the patient died'.
We need a direct approach to stall this unethical cornering of 90000 visas exclusively for Sch A workers. To put it in an American way, PERIOD.
The reason we see progress year after year with Schedule A and nothing happens in EB reform because there is no corporate support for EB reform. This is one of the reaons why we should be open for measure like 485 whenever possible, even after febuary 15th.
Maybe we need to figure out how we can involve the corporations in EB relief. The only reasons we see Schedule A relief every year because there is a strong health industry lobby driving this. the worst part about this is that these 90,000 and 50,000 which were released last year and they are trying now are comming from the unused\recaptured visas from previous years. there is no country limit in the unused\recaptured visas for Schedule A.
when it comes to us we cannot get unused visas and added to that somebody always tries to add country limit to even unused\recaptured visas. Its a double whammy for EB retrogression. May god help us.
We need a direct approach to stall this unethical cornering of 90000 visas exclusively for Sch A workers. To put it in an American way, PERIOD.
The reason we see progress year after year with Schedule A and nothing happens in EB reform because there is no corporate support for EB reform. This is one of the reaons why we should be open for measure like 485 whenever possible, even after febuary 15th.
Maybe we need to figure out how we can involve the corporations in EB relief. The only reasons we see Schedule A relief every year because there is a strong health industry lobby driving this. the worst part about this is that these 90,000 and 50,000 which were released last year and they are trying now are comming from the unused\recaptured visas from previous years. there is no country limit in the unused\recaptured visas for Schedule A.
when it comes to us we cannot get unused visas and added to that somebody always tries to add country limit to even unused\recaptured visas. Its a double whammy for EB retrogression. May god help us.
gopinathan
07-23 09:09 AM
did any one receive a rebate check like this?
Gurus,
I applied for tax return with my cousin as dependent. I am H1B on a project working for MNC, spouse in H4 and my cousin is doing his MS on F1. Since my wife has only ITIN, my understanding is that there is NO stimulus payment for me and my cousin will loose his $300 as he is claimed as dependent. last week, my cousin got a letter from dept of treasury that his stimulus payment is on the way and sure enough, couple of days later, a check for $300 is waiting for him.
Is this normal that a person with a SSN who filed his return as dependent get stimulus benefit? just checking if anyone else got one like this.. does this mean I can expect $300 for myself being on H1B with SSN also?
thanks for any suggestions..
Gurus,
I applied for tax return with my cousin as dependent. I am H1B on a project working for MNC, spouse in H4 and my cousin is doing his MS on F1. Since my wife has only ITIN, my understanding is that there is NO stimulus payment for me and my cousin will loose his $300 as he is claimed as dependent. last week, my cousin got a letter from dept of treasury that his stimulus payment is on the way and sure enough, couple of days later, a check for $300 is waiting for him.
Is this normal that a person with a SSN who filed his return as dependent get stimulus benefit? just checking if anyone else got one like this.. does this mean I can expect $300 for myself being on H1B with SSN also?
thanks for any suggestions..
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