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can a non-resident collect social security benefits?

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deya416

Junior Member
What is the name of your state? Georgia
i have been working legally here in the U.S for 7 years. My last social security statement shows that i have 38 credits at this time, and to get retirement benefits, you need 40 credits. My questions are:
1- can i qualify for social security benefits if i am not a permanent resident of the U.S. ?
( i don't have a green card. I just have a work visa H1-B valid til april 2008)
2- and if i can qualify, can i collect benefits then if i am living outside of the U.S. ?
3- and if i don't qualify for social security benefits, is there anything i can qualify for since i have paid social security taxes for over 7years ?
thanks a bunch!!!
 


JETX

Senior Member
deya416 said:
i have been working legally here in the U.S for 7 years. My last social security statement shows that i have 38 credits at this time, and to get retirement benefits, you need 40 credits.
In order to accrue 38 credits (max 4 per year), you would have had to work for 9.5 years.

However, the maximum duration of the H-1B visa is six years (ten years for exceptional Defense Department project-related work). H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa.
Something clearly doesn't "work" in your claim.

can i qualify for social security benefits if i am not a permanent resident of the U.S.?
Generally, no.

From another website:
"In reality many foreign workers, including highly-skilled employees here on H-1b visas, pay no Social Security taxes whatsoever. Since the 1970s the Social Security Administration has concluded so-called _Totalization Agreements_ with about 18 different countries, under which foreign workers may have their Social Security deductions sent to their home country program (rather than the SSA), and vice-versa. One of the primary objectives of the agreements is to eliminate dual Social Security taxation as would occur when a worker sent to the U.S. by his employer must pay tax to both the United States and his home country."
http://www.zazona.com/Shameh1b/Library/Archives/SaveSS.htm

and if i can qualify, can i collect benefits then if i am living outside of the U.S. ?
Depends on what country you are from... and go to.
See the information following: "If you are not a U.S. citizen or a citizen of one of the other countries listed, your payments will stop after you have been outside the U.S. for six full calendar months unless you meet one of the following exceptions":
http://www.socialsecurity.gov/pubs/10137.html

and if i don't qualify for social security benefits, is there anything i can qualify for since i have paid social security taxes for over 7years ?
Yep. You qualify for a big old THANK YOU from the rest of us for your contributing to OUR social security program... and you owe the USofA a big old THANK YOU for allowing you to work in OUR country and make those big bucks that you saved so that you can go back home and live the life of a king.
 
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