qplearn
12-20 11:23 AM
Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.
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gcdreamer05
01-09 12:26 PM
Excellent thanks for explaining so clearly.... gave u a green !!!:D
What is the Federal Government's role in COBRA?
COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.
The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:
U.S. Department of Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
200 Constitution Avenue NW, Suite N-5619
Washington, DC 20210
The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.
The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:
Centers for Medicare and Medicaid Services
7500 Security Boulevard
Mail Stop C1-22-06
Baltimore, MD 21244-1850
Tel 1.877.267.2323 x61565
I am a federal employee. Can I receive benefits under COBRA?
Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.
Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.
How do I find out about COBRA coverage and how do I elect to take it?
Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.
When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.
Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.
The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.
You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.
Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
What is the Federal Government's role in COBRA?
COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.
The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:
U.S. Department of Labor
Employee Benefits Security Administration
Division of Technical Assistance and Inquiries
200 Constitution Avenue NW, Suite N-5619
Washington, DC 20210
The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.
The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:
Centers for Medicare and Medicaid Services
7500 Security Boulevard
Mail Stop C1-22-06
Baltimore, MD 21244-1850
Tel 1.877.267.2323 x61565
I am a federal employee. Can I receive benefits under COBRA?
Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.
Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.
How do I find out about COBRA coverage and how do I elect to take it?
Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.
When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.
Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.
The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.
You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.
Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.
spindoctor
07-19 05:47 PM
Hi all legal eagles, advice please
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
My case is quite complicated. Here is my situation.
(1) Applied for I-485 (Adjustment of status) in July 2007. EB2-India category, PD March 2006.
(2) Wife missed the bus when I applied for I-485. Her papers were not ready at that time.
(3) Changed job utilizing AC21. So no more H1 status for me. Working on EAD in a new company. Living in US on a pending I-485 status.
(4) Sent wife to India so that she will not stay in the US on an invalid H4. (After I quit my company, I assumed my H1 and my wife's H4 became automatically invalid because they belonged to my previous company. In any case those H1/H4 have expired too now.).
(5) I was planning to call wife on a visitor visa. We planned to apply her I-485 once she is in US and dates become current for her.
(6) Suddenly, my PD is current as per the latest bulletin!! Totally unexpected!!
(7) Wife can't come back to US on a short notice on a visitor visa because of many pending tasks back at home.
Now the big question is, is it worthwhile to apply for my wife's I-485 in India through a consular processing route? My understanding is that consular processing does not provide the benefits of EAD and advanced parole. So my wife will anyway have to come to US on a visitor visa. So we may as well apply her I-485 in US itself. At least then our applications will be processed together and she will get the benefits of EAD. And if there are any immigration interviews we can go together too.
But the risk in this plan is that
(1) By the time she is back in US the dates may retrogress again.
(2) Worse, my GC may get approved this month itself, before my wife even has a chance of applying her own I-485, cutting off my wife's chances of getting a dependent GC based on my GC forever.
Now my hunch is that risk no. 1 is a low risk. Either the dates won't retrogress again, or even if they do, they will move forward in October again. So we can live with that.
Risk no. 2 is a bigger risk. But can USCIS take a decision on my I-485 petition so quickly. I don't think so. But if it does, then we lovers will be torn apart.
And lastly, has anybody ever heard of "Follow to join" procedure? What exactly is it and can we utilize it to our benefit?
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GCard_Dream
06-26 04:26 PM
Great. Thanks. That's what I had thought until someone came out and said that digital photos are unacceptable.
Check the photo guidelines from USCIS website here is blurb
"For U.S. passport and visa photographs, a digital camera with a resolution of 1 mega-pixel will be more than adequate for capturing the image and producing the final photo that conforms to the dimensions specified on this web site.
and the link is
http://travel.state.gov/passport/guide/digital/digital_880.html
digital photos are OK if printed prpoerly.
Check the photo guidelines from USCIS website here is blurb
"For U.S. passport and visa photographs, a digital camera with a resolution of 1 mega-pixel will be more than adequate for capturing the image and producing the final photo that conforms to the dimensions specified on this web site.
and the link is
http://travel.state.gov/passport/guide/digital/digital_880.html
digital photos are OK if printed prpoerly.
more...
kak1978
06-01 11:29 AM
Done. Bump.
arvindkappula
01-18 03:47 PM
Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)
more...
gcdreamer05
01-05 11:14 AM
Folks,
I agree 100% with the previous post person.
I myself am a PMP. It is very easy to do one, you need to have the right project mgmt experience (PMI may audit it) and you need to prepare for few months and you can clear it easily.
But the question is, more than the exam it is the practical experience, sometimes this job can be so frustrating and you feel like a sandwich being hit on both sides.
If you already have a PM experience and you dont have the certification, definetly go for it, it is worth the spending.
Again remember it expires in 3 yrs , you got to keep renewing your PDUs to stay current... its not like MCSD or MCAD which is for life long...
I agree 100% with the previous post person.
I myself am a PMP. It is very easy to do one, you need to have the right project mgmt experience (PMI may audit it) and you need to prepare for few months and you can clear it easily.
But the question is, more than the exam it is the practical experience, sometimes this job can be so frustrating and you feel like a sandwich being hit on both sides.
If you already have a PM experience and you dont have the certification, definetly go for it, it is worth the spending.
Again remember it expires in 3 yrs , you got to keep renewing your PDUs to stay current... its not like MCSD or MCAD which is for life long...
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gotgc?
07-20 12:32 PM
Check your PM. This is what i sent.
Hi,
Could you please send me this copy as well?
Thanks a lot!!!
Hi,
Could you please send me this copy as well?
Thanks a lot!!!
more...
gcwait_04_2006
11-11 11:06 AM
Original Nebraska SC, Re-directed to TSC.
Received EADs in Aug first week.
Not applied for AP
No service request opened.
Received EADs in Aug first week.
Not applied for AP
No service request opened.
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Immi_Chant
07-23 10:08 PM
Both were EB2 from the same company. PD on one was Oct/2006 and the other was Feb/2002.
Sanbaj,
Congrats for the GC !!!
You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
Can you please share why you ported in the same category? Or because of some other reason?
-Immi_Chant
Sanbaj,
Congrats for the GC !!!
You mentioned that both of your cases are under EB2, correct? Normally people will do interfile (PD Amendment) from one category to another, like EB3 to EB2.
Can you please share why you ported in the same category? Or because of some other reason?
-Immi_Chant
more...
lazycis
02-28 12:29 PM
Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.
Please share your thoughts on this.
No, because those cases are not outside of processing times.
Please share your thoughts on this.
No, because those cases are not outside of processing times.
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EdGMan
04-13 04:49 PM
Hi everyone,
Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.
We've been here in different situations below....
Myself
1997 - H1B
2000 - LC filing
2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
2006 - Laid off while on 9th yr of H1
2007 - Back on H1 transfer
Spouse
1998 - H1B
2001 - Filed LC because my company cancelled LC
2003(Mar) - PD
2005(Sep) - LC approved
2005(Dec) - I-140 approved
2007(Apr) - Can file AOS/EAD now
The secret.....
PRAY, PRAY, PRAY. Nothing beats it.
To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.
Regards and CONRATULATIONS to all who can file AOS and EAD now.
More power to IV team.
Have a lot of patience my wife and I have been patiently waiting for this and now it's finally here.
We've been here in different situations below....
Myself
1997 - H1B
2000 - LC filing
2001 - LC cancelled by company because of 911. If company responded to RFE, Labor could have been certified.
2006 - Laid off while on 9th yr of H1
2007 - Back on H1 transfer
Spouse
1998 - H1B
2001 - Filed LC because my company cancelled LC
2003(Mar) - PD
2005(Sep) - LC approved
2005(Dec) - I-140 approved
2007(Apr) - Can file AOS/EAD now
The secret.....
PRAY, PRAY, PRAY. Nothing beats it.
To those who don't know, it took Noah 120 yrs. of faith and hope to built his arc when he was asked to, by Our Heavenly Father.
Regards and CONRATULATIONS to all who can file AOS and EAD now.
More power to IV team.
more...
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Maverick1
10-09 09:02 PM
you can directly go to USCIS website and take printout of your approved I-140.
It will not have all informaion but more then enough to change job .
AFAIK , you can only see the text that the said 140 is approved. Did you mean actual copy of the approval ? Some thing that looks like a real approval letter , a scanned copy ?
It will not have all informaion but more then enough to change job .
AFAIK , you can only see the text that the said 140 is approved. Did you mean actual copy of the approval ? Some thing that looks like a real approval letter , a scanned copy ?
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kiran_k02
08-06 11:09 PM
PD: July 2004
RD: July 03 2007
ND: Sept 13 2007
140 Approved: May 07
485 Pending: NSC
name checking: pending (got to know with Recent infopass appointment)
I got hold of IO this morning using POJ method. She said, my case has been assigned to IO.
Hello myvoice23 ---
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
RD: July 03 2007
ND: Sept 13 2007
140 Approved: May 07
485 Pending: NSC
name checking: pending (got to know with Recent infopass appointment)
I got hold of IO this morning using POJ method. She said, my case has been assigned to IO.
Hello myvoice23 ---
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
more...
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mbartosik
02-25 10:52 PM
my new total 105 ish
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
maybe a few more this week.
If anyone wants about 50 hand addressed envelops to President then PM me.
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gapala
02-21 01:27 PM
Also , answer HONESTLY. please keep in mind they come for clarification on info they already have in hand.
good luck
Its beyond my comprehension, If they already have info, why would they come to your home? They just want to hear the same information again from hourse mouth? Just to check whether you are honest in providing information?
Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.
good luck
Its beyond my comprehension, If they already have info, why would they come to your home? They just want to hear the same information again from hourse mouth? Just to check whether you are honest in providing information?
Sheela, would you mind sharing a flavor of, if not exact information, are they looking to clarify from employee upon visiting their home? :)
That might provide a better insight into this process as it seems, you are the only one so far who have already gone through this experience.
more...
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Sakthisagar
10-28 10:49 AM
What do you mean? My father was an engineer and he started his Bachelor of law at age 58 in 1996 in India, after retirement. regular college, which only 10% pass out off.
I'm only comparing the economy and education not the culture.
Well that was funny, I'm mostly an atheist.
The first thing you should understand are most of these conversions are started by foreign organizations and their followers, and conversions by force or by paying money should be stopped immediately.
Well some general knowledge for you - I haven't heard of native roman catholics converting anyone. They are very conservative and it is very difficult religion to follow - numbers don't matter.
What propaganda is this? The american overseas pursuits are not related to religion.
There are some rogue organizations here, who run this as a business, with profit/loss, and they need to be monitored in India. They surely have branches there too.
Sorry guy, I do not debate with atheists sorry, because they are the most unfaithful and false creatures in this world becasue they deny themselves virtually. so thanks for the blah blahs.
I'm only comparing the economy and education not the culture.
Well that was funny, I'm mostly an atheist.
The first thing you should understand are most of these conversions are started by foreign organizations and their followers, and conversions by force or by paying money should be stopped immediately.
Well some general knowledge for you - I haven't heard of native roman catholics converting anyone. They are very conservative and it is very difficult religion to follow - numbers don't matter.
What propaganda is this? The american overseas pursuits are not related to religion.
There are some rogue organizations here, who run this as a business, with profit/loss, and they need to be monitored in India. They surely have branches there too.
Sorry guy, I do not debate with atheists sorry, because they are the most unfaithful and false creatures in this world becasue they deny themselves virtually. so thanks for the blah blahs.
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HarshJ
10-02 01:41 PM
The only thing seems to be happening is that they are transferring cases from NSC/TSC to CSC/VSC for EADs, APs and I-485s for data entry and EAD/AP approval.
CSC seems to be doing a great job at that (received EADs and APs in exactly 60 days). Once these are issues and the I-485 data is fed in, the I-485 jurisdiction is passed back to NSC/TSC (wherever your I-485 originated from).
I am still waiting on my I-140 approval (filed in March 2007)...hoping to get it by around end of year.
CSC seems to be doing a great job at that (received EADs and APs in exactly 60 days). Once these are issues and the I-485 data is fed in, the I-485 jurisdiction is passed back to NSC/TSC (wherever your I-485 originated from).
I am still waiting on my I-140 approval (filed in March 2007)...hoping to get it by around end of year.
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485InDreams
08-20 06:27 PM
If i get correctly...Labour Substitutionhas been banned..right???
Jimi_Hendrix
12-29 12:56 AM
INA 202 (a) (5) (A)
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.
snathan
10-27 10:55 PM
Dont Know from past 20 yrs after coming out of college, for some reason I dont like Infy.
( It is not that I didnt get a Job there ) I had been to there couple of facilities in various cities in India for pre-sales and post sales product support.
I got their offer couple of years back and decided not to join. I was disguised the way the HR manager spoke. He was telling me to work for lower wage than what I was making for the privilege of working for them.
( It is not that I didnt get a Job there ) I had been to there couple of facilities in various cities in India for pre-sales and post sales product support.
I got their offer couple of years back and decided not to join. I was disguised the way the HR manager spoke. He was telling me to work for lower wage than what I was making for the privilege of working for them.
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