40 qualifying quarters

[byehello 0]

I am filling form I-864 for my parents and have a question regarding 40 qualifying quarters. My parents have been in the US on H-1 status since 2002. Have they met 40 qualifying quarter requirement?

Thanks

[Darnell 8,479]

the calendar starts after the immigration status goes into effect.

Their current status doesn't count on this calendar, alas.

[aleful 1,905]

I am filling form I-864 for my parents and have a question regarding 40 qualifying quarters. My parents have been in the US on H-1 status since 2002. Have they met 40 qualifying quarter requirement?

Thanks

ditto, the 40 quarters start once they become LPRs

Edited September 18, 2011 by aleful

[loudoff 25]

I am not sure if you guys are correct. I heard people adjusted their status and get green cards by filing I-864w form because they earned 40 quarter credits or more while they worked without work permits. FYI, people could earn social security credits while they are working if they have social security numbers regardless their immigration status. "For 2011 and 2011, workers generally receive one credit for each $1,120 of earnings."

[Anh map 2,098]

Check with Social Security Admin.

[Darnell 8,479]

I am not sure if you guys are correct. I heard people adjusted their status and get green cards by filing I-864w form because they earned 40 quarter credits or more while they worked without work permits. FYI, people could earn social security credits while they are working if they have social security numbers regardless their immigration status. "For 2011 and 2011, workers generally receive one credit for each $1,120 of earnings."

Working without a work permit is countable ? How's that even countable?

[I AM NOT THAT GUY 5,715]

Have them become citizens, then you are off the hook.

Working without a work permit is countable ? How's that even countable?

As long as the employer paid FICA each quarter, it counts.

Check with Social Security Admin.

[VanessaTony 3,567]

I don't see anything stating that they need to be LPRs to have the quarters count. I believe they will need to speak to the SSA (not you) to get an "earnings statement" as mentioned on the i-864W form here: http://www.uscis.gov/files/form/i-864w.pdf page 3, part 2.

That said though... you said they've been in the US since 2002. Assuming they worked every quarter since they got here that's only 36 quarters.. 40 quarters is 10 years (4 months = 1 quarter). So have they even been working that long??

Edited September 19, 2011 by Vanessa&Tony

[Brother Hesekiel 2,236]

That's not correct. I had all the quarters I need for Medicare before even becoming a LPR, simply because I had paid into the system for over a decade by then.

What counts is the annual statement from The SSA. It tells the beneficiary you how much money they made and how much they'll receive in case of disability and retirement, etc. Any of you should receive such a statement once a year.

[Jojo92122 1,924]

the calendar starts after the immigration status goes into effect.

Their current status doesn't count on this calendar, alas.

ditto, the 40 quarters start once they become LPRs

This is incorrect. Quarters earned before becoming an LPR counts; i.e., nonimmigrant worker, parent's work quarters, and spouse's work quarters.

Read this: http://travel.state.gov/visa/laws/telegrams/telegrams_1381.html

5. INA SECTION 213 (A)(A)(3)(B) NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE ALIEN SHALL BE CREDITED WITH (I) ALL OF THE QUALIFYING QUARTERS OF COVERAGE AS DEFINED UNDER TITLE II OF THE SOCIAL SECURITY ACT WORKED BY A PARENT OF SUCH ALIEN WHILE THE ALIEN WAS UNDER AGE 18, AND (II) ALL OF THE QUALIFYING QUARTERS WORKED BY A SPOUSE OF SUCH ALIEN DURING THEIR MARRIAGE AND THE ALIEN REMAUSCIS MARRIED TO SUCH SPOUSE OR SUCH SPOUSE IS DECEASED. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.)

6. THE USCIS MEMO CLARIFIES THAT THE STATUTE DOES NOT REQUIRE THE PARENT-CHILD RELATIONSHIP TO HAVE EXISTED WHEN THE PARENT WORKED THE 40 QUARTERS. FOR EXAMPLE, AN ALIEN CAN CLAIM EVEN THOSE QUARTERS THAT THE PARENT WORKED PRIOR TO THE ALIENS BIRTH OR ADOPTION. IN THE CASE WHERE THE ALIEN CLAIMS QUARTERS WORKED BY A SPOUSE, HOWEVER, THE ALIEN MAY ONLY BE CREDITED FOR THOSE HOURS WORKED DURING THE MARRIAGE.

Edited September 19, 2011 by Jojo92122

[Jojo92122 1,924]

I am filling form I-864 for my parents and have a question regarding 40 qualifying quarters. My parents have been in the US on H-1 status since 2002. Have they met 40 qualifying quarter requirement?

Thanks

If only one parent has been working, then they probably have not met the 40 qualifying work quarters.

If both parents have been working, then they probably have met the 40 qualifying work quarters.

You have the information to calculate if your parents have met the 40 qualifying work quarters. Read the link in my prior post.

Edited September 19, 2011 by Jojo92122

[JimVaPhuong 4,863]

That's not correct. I had all the quarters I need for Medicare before even becoming a LPR, simply because I had paid into the system for over a decade by then.

What counts is the annual statement from The SSA. It tells the beneficiary you how much money they made and how much they'll receive in case of disability and retirement, etc. Any of you should receive such a statement once a year.

All correct except for the last sentence. Social Security has stopped sending statements because of the budget. They won't even send you a statement if you request it. I presume that means the statements they sent this year will be the last. You can still use the online Retirement Estimator to get essentially the same info.

[bigdog 376]

No more mailed statements, online now, wait and see or get it online.

[milimelo 4,550]

No more mailed statements, online now, wait and see or get it online.

For recent immigrants - 5 yrs or less, it does not even show you anything online. You have to go to your local SSA office to attempt to get it.

[Darnell 8,479]

hey - I was wrong with my previous response..