Urgent : Law Suit Options for EB/Social Security Claims !

sundar99

Registered Users (C)
Guys, wish to ask your opinions on this : I saw some folks who replied to my other posts confused and directionless and are chasing the tail.

To start with : (pls read completely before posting comments).

Most countries have Tax Treaties, so the money from SS does go out. Please go and check the list of countries before being negative on this. Singapore has just signed a Free Trade Agreement. India also has given representation, but not much progress on this. Since Prez is visitng India next month, this can be taken up on Joint - Billateral coop if we convince our North Block folks on the free $ potential that they could get as investment into india at no extra cost, but a diplomatic initiative. This means, we can atleast hope for PF account into which this $ can get deposited.

We need to work on this action Plan :
1. Continue to pursue with various agencies to ensure - EB Retro issues - such as sending fax/meeting senators etc.

2. Slap a Law suit to the govt on the grounds - Social Security money does not benefit Aliens - unless they become PRs, (Remember L1, and other categories do not pay for it). Ask them to make this optional - if folks want to keep the GC process.
3. Ensure the $ amount is returned to the individual if he goes back to his country - to this govt agencies such as PF (India)., CPF in Singapore and Malaysia and so on.

2 and 3 will make the US GOVT wake up. Also, Send out 1000's of Faxes to Washington DC Indian embassy on the SS money and also emails to Prez, PMO in India on how they can milk the $$$ of all NRIs on Temp Visas in US, and how this money can be used / invested in infrastructure development. Believe me, you cannot sue the govt for slow EB Visa Process. They can come up with intelligent excuses. But asking back the money if the individual did not apply/did not get his GC is more logical. Yes, the US Govt wants to keep the money., but the law suit is meant to go after the US GOVT. A law suit will attract more attention to the problem, instead of begging (Govt will twist the legal and immigrant cases as always and we all end up retiring in our jobs with a H1 Visa :) )
Mind you, India and China will be the biggest beneficiaries or Losers !

I know folks are sceptical., an idea remains with you unless you try it in reality, then it becomes innovation. Unless you believe in yourself you will make it, you cannot convince the world. Ask yourself, is this not your money ?, Do you want it, and then go in a legal way and get it. The whole process of GC itself is Discrimination and racial for Indians and CHineses folks who form the core of brilliant folks in all areas of expertise.

Folks in all companies should move their butts, and contribute financially and also in person if you can org like Immi Voice and expect them to File a Class A lawsuit on this, if you are one of those who reads a post and moves on, you and others would not get anything out of it, please help the cause, without being negative. Do not expect uncle sam to post you the GC by mail without you putting efforts
 
try something do-able...why u want to burn out...

any form of tax is for the maintenance of infrastructure....which u r liable whether u get benefit or not....since you have to pay it if you want to live in that place.....

and lawsuit against uscis is ridiculous...there is not grounds...they have not broken any promise or law..
 
Techy,

I am totally against for lawsuit to USCIS as we do not have any ground for that.

At the same time I am convince that Govt should not collect social security money from non-immigrant visa holder (Yes, Fed and state tax is obvious).
If they collect social security money, they should refund it, when alien returns to home country (USCIS fail to give Permanent Residence by any mean).

This is a good and unique strategy; "Return social security money which was deducted at source, if you are not giving us GC"

This is my 2 cents


techy2468 said:
try something do-able...why u want to burn out...

any form of tax is for the maintenance of infrastructure....which u r liable whether u get benefit or not....since you have to pay it if you want to live in that place.....

and lawsuit against uscis is ridiculous...there is not grounds...they have not broken any promise or law..
 
yes we can rally for that ...and maybe we can file a lawsuit.....but again...thats a tax.....and as far as i know....a government does not have to give reasons to collect tax....and they can use it for any other purpose if they want......and they are not liable to give it back.......so i dont know what path we can take....to get that money back......
 
Do not mix social security money with tax. Bot are different and we are talking about Social Security money, that should be refunded in case so called Alien leaves USA or if GC is denied.

techy2468 said:
yes we can rally for that ...and maybe we can file a lawsuit.....but again...thats a tax.....and as far as i know....a government does not have to give reasons to collect tax....and they can use it for any other purpose if they want......and they are not liable to give it back.......so i dont know what path we can take....to get that money back......
 
jazzyb said:
Do not mix social security money with tax. Bot are different and we are talking about Social Security money, that should be refunded in case so called Alien leaves USA or if GC is denied.

Please define "should". There is no legal requirement that it be done, therefore your suit would be dismissed immadiately on motion for summary dismissal by the US attorney's office. Your attorney, if he or she is competent, will cash your check right before this happens. :D

You're also confused about SS contributions. They most certainly are a tax, and are not saved up in an "account" for you. They're used to fund government operations by funding the deficit and pay for SS benefits to current retirees. The money is most assuredly not yours once you give it to the government.

Finally, I am at a loss how you and thousands of others who cannot vote will be able to influence Congress into refuding money, thereby reducing the solvency of SS even more - harming the retirement of people who most assuredly DO vote.
 
Where is good faith

I believe SS is collected on good faith between govt and citizens.
That is govt will take care of you for all the contribution you made when you were working.

In our case, that good faith is breached. When that good faith is obviously breached, I think we might have a case. That said, we should get legal opinion. Just wondering.... aren't there any lawyer affected by this retrogression.
Yes, it is the tax - non refundable. But when you contribute, govt implicitly enters an agreement with you.

I think we should read the debates that took place (in congress and senate) when SS tax was first collected. I am sure that is the intention of the congressmen/senaters.
 
FOlks, can you open your Pay Stub and Read ?

I saw folks are getting mixed up. Social Security - Please understand, is repatriated if they GOVT has treaty, so the arguments above does not hold water. Since INDIA DOES Not have treaty, we are all "SCREWED".

Before arguing anymore go to SS website and check how many countries have treaties and how the moeny goes back from US to that country if, the national goes back their.

We have a right to SS. We pay State TAX, We pay FED Tax, this we cannot claim. However SS tax is for SS benefit, since we are eligible for any benefits, why even put it here if we do not have a GC here.

To add further :
Once there is a lawsuit, they may fund the INS to clear the backlogs faster, the only dept that can be least funded shud be INS since it does not affect americans.

We got to standup and speakup on the free money on which their butts are resting. If we shake thier butts, they will wakeup to do some useful work, and also understand the impact of losing SS. On the otherhand someone commented about a lawsuit not holding waters. One - Since we are not GC holders, it is a right for the freedom of movement and also the SS $, since we have a claim to it. A lawsuit would work as long as there is collective participation and also backing from our own GOvts. It is not a one individual benefit, it should be shown as a collective initiative. This will obviously is going to stir a lot off interest.

it is almost like the British times ( Like LAGAAN Movie -if u can refresh, where they take everything from us, excpet that we are in their land)
 
Oe Sunder 99 and sunder dai friends,

Did you contribute to immigration voice? If not contribute and then bla bla bla.

Since Six year I am seeing people shouting and not doing anything.

For me, I shout and do something.

Have fun, Ensoy(TM)
 
I have sent the check

I have contributed to the site. Do you need proof ?. Go thru the list of contributions and you will find mine by way of Check.

By, the way have some decency when you write.

Thanks,

Brij523 said:
Oe Sunder 99 and sunder dai friends,

Did you contribute to immigration voice? If not contribute and then bla bla bla.

Since Six year I am seeing people shouting and not doing anything.

For me, I shout and do something.

Have fun, Ensoy(TM)
 
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