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  • jonty_11
    05-22 02:58 PM
    I think if we all resign from our Jobs and stay in this country for even a single day we will be illegal. I am beginning to like this idea....

    Then we can also apply via the Merit based crappy pragram..and live happily ever after





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  • logiclife
    01-09 12:15 PM
    Is a divorced spouse entitled to COBRA coverage from their former spouses� group health plan?
    Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee�s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.

    Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA.

    If I waive COBRA coverage during the election period, can I still get coverage at a later date?
    If a qualified beneficiary waives COBRA coverage during the election period, he or she may revoke the waiver of coverage before the end of the election period. A beneficiary may then elect COBRA coverage. Then, the plan need only provide continuation coverage beginning on the date the waiver is revoked.

    Under COBRA, what benefits must be covered?
    Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). A change in the benefits under the plan for the active employees will also apply to qualified beneficiaries. Qualified beneficiaries must be allowed to make the same choices given to non-COBRA beneficiaries under the plan, such as during periods of open enrollment by the plan.

    When does COBRA coverage begin?
    COBRA coverage begins on the date that health care coverage would otherwise have been lost by reason of a qualifying event.

    How long does COBRA coverage last?
    COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage.

    Coverage begins on the date that coverage would otherwise have been lost by reason of a qualifying event and will end at the end of the maximum period. It may end earlier if:

    Premiums are not paid on a timely basis

    The employer ceases to maintain any group health plan

    After the COBRA election, coverage is obtained with another employer group health plan that does not contain any exclusion or limitation with respect to any pre-existing condition of such beneficiary. However, if other group health coverage is obtained prior to the COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    After the COBRA election, a beneficiary becomes entitled to Medicare benefits. However, if Medicare is obtained prior to COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    Although COBRA specifies certain periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods.

    Some plans allow participants and beneficiaries to convert group health coverage to an individual policy. If this option is generally available from the plan, a qualified beneficiary who pays for COBRA coverage must be given the option of converting to an individual policy at the end of the COBRA continuation coverage period. The option must be given to enroll in a conversion health plan within 180 days before COBRA coverage ends. The premium for a conversion policy may be more expensive than the premium of a group plan, and the conversion policy may provide a lower level of coverage. The conversion option, however, is not available if the beneficiary ends COBRA coverage before reaching the end of the maximum period of COBRA coverage.

    Who pays for COBRA coverage?
    Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus 2 percent for administrative costs.

    For qualified beneficiaries receiving the 11 month disability extension of coverage, the premium for those additional months may be increased to 150 percent of the plan's total cost of coverage.

    COBRA premiums may be increased if the costs to the plan increase but generally must be fixed in advance of each 12-month premium cycle. The plan must allow you to pay premiums on a monthly basis if you ask to do so, and the plan may allow you to make payments at other intervals (weekly or quarterly).

    The initial premium payment must be made within 45 days after the date of the COBRA election by the qualified beneficiary. Payment generally must cover the period of coverage from the date of COBRA election retroactive to the date of the loss of coverage due to the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30-day grace period for payments. Payment is considered to be made on the date it is sent to the plan.

    If premiums are not paid by the first day of the period of coverage, the plan has the option to cancel coverage until payment is received and then reinstate coverage retroactively to the beginning of the period of coverage.

    If the amount of the payment made to the plan is made in error but is not significantly less than the amount due, the plan is required to notify you of the deficiency and grant a reasonable period (for this purpose, 30 days is considered reasonable) to pay the difference. The plan is not obligated to send monthly premium notices.

    COBRA beneficiaries remain subject to the rules of the plan and therefore must satisfy all costs related to co-payments and deductibles, and are subject to catastrophic and other benefit limits.

    If I elect COBRA, how much do I pay?
    When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount, that is, the portion of the premium that you paid as an active employee and the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee.

    While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.

    Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively-from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer.

    You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement.

    Although they are not required to do so, some employers may subsidize COBRA coverage.

    Can I receive COBRA benefits while on FMLA leave?
    The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.

    Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, U.S. Department of Labor, Employment Standards Administration.





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  • sanju
    07-06 09:52 PM
    BBBBRrrrrrrrr another idiot

    1) My screen name has nothing to do with the argument here. If we discuss my screen name we are going on a tangent which is very typical of desis (I rememeber womanly taunts in movies and woman gossip where they would pick anything but would niether make a point nor a valid argument)

    so you can see where your argument is going..

    2) Hopefull signifies optimism. A pessimist is an optimist who is very analytical or knows better. Your argument is similar to "And they lived happily ever after ...(after singing around green trees) ...." ignoring the ground reality, facts that no dent has been made and also turninga blind eye to the fact that there are people since 2001/2002 stuck. Its 2007 meaning five years and if the Dept is not willing to budge after all these efforts to a number more than 7000, and you still are HOPEFULL ignoring the facts means that you are an idiot. Yes you will get your GC before you die for sure provided you live upto the age of appx 70 and your consulting firm is around and you are not tired of the bickering with your employer.

    Its just like a Yash Chora SRK movie ...it only happens in reel life and not real life ..

    3) as far as the FT job goes we both knwo it deep within what it means...i hope you are smart enough to get the point and wont make me word it to emabrass you further..

    4) if you would be intelligent enough to shed some light on how kindness and make you get your GC in thsi scenario ...

    just a piece of advise ..STOP BEING DUMB


    Very well then, let me practice some Gandhi giri and kindness.

    Dear Hopefull,

    I hope all members of this forum are relieved of the burden of this unnecessary long wait time. No human being is gaining anything in making several hundred thousand people to wait at a point in their lives. I hope that you get your green card long before everybody else. And I hope that you keep you FT job and you progress in your life more so than you expect.

    Around 3 weeks back I got my green card. And if there was a way for me to give you my green card, I would have done so gladly. I did my masters in US a few years back and for couple of years during and just after my school years, a part of me used to think that working in consulting firm was below my standard and people getting education in US university are the only worthy human beings. After having lived through few years of my life at my job, now I have "slightly" matured from my yester years. Now I think that number of degrees doesn’t make some one better than others without a degree. I have worked at a full time job for last 7 years in a Fortune 10 company. Some of my best friends work for consulting companies and these are fine gentlemen. I have learnt a lot from my friends. In the end, I think it makes no difference how many degrees one earned or whether one is working for a consulting firm or at a FT. What we are made of is reflected in our behavior towards others around us and it has nothing to do with the number of masters degrees one has earned. Anyways, hope you get your green card soon and you do well in life. And I hope that you become source of peace and joy for others around you.

    Peace





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  • vhd999
    12-20 04:43 PM
    I think we need an IV movement to fix the Indian Consulates - They are absolutely pathetic - Lets get our house in order before we try to fix the USCIS !!! Does anybody know what is the email address for Meera Shankar - Indian Ambassador to US. We need to bombard her with emails about how badly the Indian consulates in the US are run.

    For a second, I thought you were joking. When will we start owning our problems.



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  • cjagtap
    08-14 07:46 AM
    Yes, there is no point in re-filing,rather it will create confusion. I spoke to USCIS ,at this point the fedex receipt no. is good enough ,to prve that your application reached service center,before 17th august . Now it makes sense to just wait for the receipt.





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  • aniltatikonda
    08-07 12:49 PM
    PD : Nov 2004
    RD : July 25 2007
    140 Approval : Oct 2006



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  • willwin
    06-05 12:59 PM
    I understand that is not a reliable source of tracking approval pattern, however, this is the only tracker we have available and this gives us fairly good idea about USCIS processing.

    Based on , there are about 1200 Approvals for EB-2 (Including ROW, India and China) since Oct01 2007.

    However, there are only 450 approvals for EB-3 (Including ROW, India and China) sine Oct01'2007.

    So howcome they ran out of EB3 numbers when there are very few approvals for this year. I was hoping they will run out of EB2 numbers instead.

    Any insight on this?

    Thanks.

    I guess that depends upon how many of the applicants have registered in .

    If it is 1%, then CIS would have used 130,000 by now, if it was 2%, 65,000 used by now...





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  • ragz4u
    03-18 05:40 PM
    http://immigrationvoice.org/forum/showthread.php?p=3121#post3121



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  • gchetna
    09-08 07:12 PM
    When you change jobs after 485 Filing, is it necessary to change with an EAD or I can get an H1B transfer. I may get laid off, and EAD has not come yet and I don't have the time for EAD to come through. Can I transfer H1B while 485 is pending for less than 180 days without it affecting 485. I will make sure that job duties are similar and I am fairly certain that employer will not revoke I-140. My assumption if that I need to be working on H1B or EAD to maintain legal immigration status and there can't be any gap between the two employments.





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  • cse_us
    07-24 04:57 PM
    Here's update on my cases

    Self e-filed: May 30, 2008
    FP: Jun 25, 2008
    Card prod ordered: July 23, 2008
    EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007

    Will post about duration as soon as I get the cards in hand.

    I Efiled mine on may 19th, FP on jul 3rd, no update yet.
    Efiled my wife's EAD on may 30th, FP on jun 24th, Card prod ordered July 23rd.

    We are currently working on EADs which expire on 30th Aug.
    Am worried if I will have the card by then or not.
    If i dont have the approval by aug 19th, I am planning to take Infopass for the interim EAD.

    It sucks to see they dont follow FIFO or atleast close to FIFO, so much variation as some june filers received card in june itself.

    Jul 2nd filer, EB2 - PD Apr 2007



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  • raj2007
    02-19 12:18 PM
    Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
    like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
    Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.

    In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
    Thanks

    Hi TInku,

    I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
    Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.





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  • drirshad
    07-29 03:51 AM
    NSC: Self E-Filed May 19 (Current EAD expires Sep 18)
    Document Send: May 26
    FP Done: May 28
    EAD CPO: July 26 (for me & spouse)
    Priority Current next month
    (not sure if they gave a 2 yr validity)

    Still waiting on AP (LUD same as EAD)



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  • badluck
    07-27 03:02 PM
    I am July 2 filer...

    I mailed second set yesterday...

    Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.

    I am smart...;)





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  • GCaspirations
    09-19 12:35 PM
    Have you guys received finger Printing notices as of yet? I have not received the finger prinitng notice.
    Is this going to delay the processing?
    Just worried because of all the transfers happenning.



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  • Libra
    08-22 11:41 AM
    or how about attending rally and make it a big success and reduce your wait time to 50s.

    That is just perfect ... after waiting 100s of years for EAD now I will wait another 100s for the GC ...

    thank you DOS et all ...





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  • garybanz
    11-03 01:28 PM
    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

    If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?



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  • indianabacklog
    08-01 10:05 AM
    I know it is not the right place to put it. I could not find any appropriate thread. My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
    Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.





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  • NNReddy
    09-20 03:16 PM
    ANYONE else in this queue.





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  • dc2007
    08-23 01:29 PM
    Hi All,

    I don't know if you all know about the ranking of a person or not. There is a sign of "weight balance" at the top right of each post adjacent to the green/red arrow. You can click and disapprove the comment.

    If you don't like plassy's or anybody's else comments, please do that so that others people in this forum should know about that.

    Thanks





    bidhanc
    12-22 03:14 PM
    Sorry to say, but sending mails of unresolved issues to NY Consulate is a waste of time.
    I have sent them mails every week for 2 month (yes, I did that religiously) thinking that I would clog up their system, but I guess they had the last laugh! :-)

    But hey everybody, pls do go ahead and follow the process!

    Thanks




    EMBASSY
    --------------
    Embassy of India - Washington DC (official website) United States of America Passport Services FAQ (http://www.indianembassy.org/index.php?option=com_faqs&task=detail&id=2#22)

    Passport Services - Assistance/Complaints
    Assistant Consular Officer
    Phone: (202) 939-9861

    Attach� (Consular)
    Phone: (202) 939-9832

    Consulate General, NY
    ---------------------------

    Consulate General of India, New York, U.S.A. - indiacgny.org - www.indiacgny.org (http://www.indiacgny.org/php/showHighLightDet.php?h_id=165&key=)

    Any unresolved problems with the Consulate? Please click HERE


    For unresolved matters relating to Passports, Attestations, Renunciation/Surrender Certificate, PIO, Visa etc. please send email at: cg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.

    For unresolved matters relating to OCI, please send an email at: dcg@indiacgny.org giving details of applicant�s full name(including middle name), passport number, date of application, application ref. number, brief background of the case, etc.





    mnq1979
    08-22 10:18 AM
    I wonder what is this article all about !!! pls. post the text here so that we can read it !!!!!:)



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