venkygct
09-05 05:39 PM
Sanjay,
We have added you to the queue. We will look for the sponsor and get back you asap. Can you go ahead change your profile setting with "yes" option for the rally poll?
Thanks
--Venky
We have added you to the queue. We will look for the sponsor and get back you asap. Can you go ahead change your profile setting with "yes" option for the rally poll?
Thanks
--Venky
wallpaper 2011 Tags: funny fail
kumara121
04-29 12:40 PM
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
it will be shortsightedness on the US part if it wants to revenge... According to the reports, India went with the technical evaluation where as US in the name of transparency wanted a political decision. There is also end-user agreement US wanted India to sign, which allows US to come and check the planes whenever and wherever it wanted to... so blaming India in this is not right... US has to look at its own back first..
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
it will be shortsightedness on the US part if it wants to revenge... According to the reports, India went with the technical evaluation where as US in the name of transparency wanted a political decision. There is also end-user agreement US wanted India to sign, which allows US to come and check the planes whenever and wherever it wanted to... so blaming India in this is not right... US has to look at its own back first..
neerajkandhari
07-19 06:43 PM
All Are His Personal Problembs
Blaming Uscis For No Reason
Uscis To Badnam Hai Aur Badnam Karo
Blaming Uscis For No Reason
Uscis To Badnam Hai Aur Badnam Karo
2011 Funny Photoshop Fails Top 10
GCwaitforever
11-17 09:23 AM
What is the procedure to file Tax from India?
1. Designate one of the tax filing companies (HR block etc ...) as your agent by filling a form (check IRS web site) and give it to your. Your company will issue W-2 to this agent. You have to pay filing fee in advance to the tax filing company.
2. If your company issues W-2 electronically and your banks/financial institutions produce 1099s electronically, you can file the returns from India electronically and direct refund to your bank account.
1. Designate one of the tax filing companies (HR block etc ...) as your agent by filling a form (check IRS web site) and give it to your. Your company will issue W-2 to this agent. You have to pay filing fee in advance to the tax filing company.
2. If your company issues W-2 electronically and your banks/financial institutions produce 1099s electronically, you can file the returns from India electronically and direct refund to your bank account.
more...
Pineapple
12-26 04:35 PM
First of all, not everyone here is from India. Second, not everyone here is from programming/IT background. It is easy to make that assumption, but believe me, there are plenty of non-indians, or non-IT people, and even non-Indian, non-IT people here. :D
For these, what is or is not happening in Bangalore is completely irrelevant.
Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.
Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.
This is why it is in the best interest of companies to support EB GCs.
For these, what is or is not happening in Bangalore is completely irrelevant.
Second, people who are still here have already decided where they want to be. (Which is why they are on the forum in the first place). People change countries for more reasons than just following the next IT boom.
Anyway, regarding impact on opportunities here, there is a common misconception that companies have unlimited access to talent in other countries, and the only limiting factor is the quota of H1B visas.
Not true, by a long shot.
To give a simple example, our company is looking for people in Australia, Denmark, Finland, Canada and UK since the pool of qualified people in India has dried up in our field. Can anyone guess where is the biggest talent pool? Nope, not in Bangalore, its right here in USA!! Not all companies are looking for the cheapest person. They are looking for the best person. And in many cases, the best person is already here, and has gathered more experience over the years working for US companies. But they cannot hire her, simply because she is on a visa and thereby beholden to another company. If she had a GC, that would free up the talent pool and thereby make many companies less reliant on H1Bs. Increasing GCs for EB candidates has the same effect as increasing H1 quota, with the added benefit of making the cream of the crop available and reducing the uncertainty and hassle of hiring an H1.
When you outsource, you lose this talent pool which is already sitting in your backyard. You may still outsource, of course, but the most cost effective solution would be to hire the top talent already here. This is especially true in professions which do not work very well in outsourced situations, like business consulting, marketing, management etc.
This is why it is in the best interest of companies to support EB GCs.
cool_desi_gc
12-17 09:11 PM
Chumki,
My 485 online status says that they have recieved it on Sept 18th.But i posted my app on Jul 18th and i have return reciept that they have recieved it on July 18th.Someone has actually signed the reciept.So what is my RD ?
My 485 online status says that they have recieved it on Sept 18th.But i posted my app on Jul 18th and i have return reciept that they have recieved it on July 18th.Someone has actually signed the reciept.So what is my RD ?
more...
sbabunle
01-31 11:01 AM
The way to go USCIS....and the processing time
is going to be 4 fold...take it immigrant prospectives!!:D :D :D
is going to be 4 fold...take it immigrant prospectives!!:D :D :D
2010 2011 photoshop fails funny.
am4gc
12-26 02:24 PM
EB2 visa numbers are not given to EB2... Are those number given to EB3 ROW ?
more...
rssb
01-26 07:02 AM
Politics of a region / state has nothing to do with this discussion. The school which got shutdown did not have 100% students from one region or country.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.
FYI All the Hawla, Bofors, Fodder scams, 2G scam did not even occur from the mentioned one state alone !
The state has / had best IIT coaching facilities ( you call it a manufacturing shop, I don't care). Which produced lot of good engineers, who genuine have completed their education in this country and added value here.
It is unfortunate that some people knew what they were doing and others were frustrated with long wait (esp H4's who have been waiting for ever in the retrogression even though their spouses had approved 140's for years) and were told to pursue a shady option saying it was legal by scrupulous body shops wanting to make money. A spouse from no other country other than India and China has to wait this long to EAD, even all the spouses of substitute labor are working on EAD's.
Dont make a blanket statement about corruption, every region has its problems. Even in this country money from recovered from freezers of politicians. Corrupt & Dishonest people exist every place.
hair Photoshop Fail
mjULTRA
02-11 12:55 PM
i really liked all the entires, especially eilsoe's but i voted for soul's, because it didn't use the traditional 'to the edge' format, and he successfully broke out of the isometric only view.
Kit your castle was wild, was it done from a photograph?
Kit your castle was wild, was it done from a photograph?
more...
sdrblr
08-17 10:08 PM
still waiting patiently :)....
hot funny photoshop animals horse
snathan
04-29 10:44 PM
...........and the point you're trying to make is???
If you don't want a GC, why are you on this forum and making anti-GC statement. A pro-GC person would agree with this statement unequivocally.
Read my statement again and tell where I am saying anything against GC...since you said no other country is charging the immigrants for border security....I am saying US is the only country which gives millions GCs every year...so when you compare there is no comparison...
If you don't want a GC, why are you on this forum and making anti-GC statement. A pro-GC person would agree with this statement unequivocally.
Read my statement again and tell where I am saying anything against GC...since you said no other country is charging the immigrants for border security....I am saying US is the only country which gives millions GCs every year...so when you compare there is no comparison...
more...
house Photoshop Fail | Funny
rajuseattle
07-21 11:51 AM
NSC: July 02nd 2008
Received Paper Receipts: July 11 2008
Waiting for the FP notices.
Received Paper Receipts: July 11 2008
Waiting for the FP notices.
tattoo 540 - more photoshop fails
sanjose
07-13 03:58 PM
Congratulations !
To others,
How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.
Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...
There won't be difficult to get more his kind of cases to run it on regular basis in future.
Any one ?
I agree 100%. And send one copy of the news paper clipping to OBAMA !!
To others,
How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.
Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...
There won't be difficult to get more his kind of cases to run it on regular basis in future.
Any one ?
I agree 100%. And send one copy of the news paper clipping to OBAMA !!
more...
pictures Fail, Funny, Photoshop,
rockstart
02-23 03:10 PM
you can also show joint tax filed as additional proof. Her H4 stamping etc can be a proof too
dresses of photoshop fails, funny,
scelamko
12-03 04:49 PM
I called the customer service # on 11/04 and the guy told me that he is sending email reguest for my FP and I got FP notice (my attorney's office also got one) on 11/13. Hope this helps.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
gc4me can you please send me the phone number and combination of codes so that I can get them to send my FP notice, i am July 2nd filer as well.
more...
makeup photoshop fail
gc28262
03-27 12:27 PM
Matters related to Driver license are largely decided by States but with "Secure ID Initiative" passed in the Congress, some of the powers have shifted to the Federal Govt. Many aspects of Secure ID initiative are still work in progress but some of the states have taken pro-active steps.
Driver license is not merely used for letting the person drive BUT ALSO serves as a photo ID.
Your immigrant status is linked to how long you can stay in this country. Your stay in this country is prescribed by the laws established by USCIS, Department of Homeland Security and other agencies. Driver's license is the single most important photo identification is this land. It shows who you are, where you reside and if you are legally in this country.
You use your photo ID to board a plane, when applying for a loan, to deal with various govt. agencies etc.
As for your question as to why driver's license is used for ID: That same question has been debated by lawmakers and thus came the idea of "Real ID". Go lookup info regarding Real ID and you will be pretty happy with using Driver's license as the ID.
Why is any of the above causing your grief ? Why references to slavery ? As long as the system is transparent and documented on their websites (like DMVs), I fail to understand your angst.
qasleuth,
I understand that is the way rules are being framed in this country. For me, right to drive is a human rights issue. Unlike other countries, where public transport system is well established, in USA you can hardly move without a drivers license and a car.
Using drivers license as an Id, for me that is non-sense. Drivers license should be used for what it is meant for, driving.
US may make n number of laws. As a self respecting individual who just happens to be on a non-immigrant visa, I cannot digest the reasoning behind these laws and cannot agree to so many hurdles being put up for a basic need like a DL.
If they want an ID, let them separate it from drivers license.
I can't agree to every single law being setup by some ignorant lawmaker.
Some examples.
NC DMV had a law stating that you have to have SSN to get DL. ITIN was not acceptable. How would our non-working spouses on H4 drive when they are legally present in this country ? Is it fair ?
TX DMV has another rule that says unless you have at least one year remaining on the visa you won't be issued a license. What if somene moves to TX during last 6 months of one's visa and can't get a license while their extendion for H1 is pending with USCIS ? One should not drive in the last six months of his visa. Does it make sense ?
I have come across many such restrictions/situations which does not make sense. So my angst.
Driver license is not merely used for letting the person drive BUT ALSO serves as a photo ID.
Your immigrant status is linked to how long you can stay in this country. Your stay in this country is prescribed by the laws established by USCIS, Department of Homeland Security and other agencies. Driver's license is the single most important photo identification is this land. It shows who you are, where you reside and if you are legally in this country.
You use your photo ID to board a plane, when applying for a loan, to deal with various govt. agencies etc.
As for your question as to why driver's license is used for ID: That same question has been debated by lawmakers and thus came the idea of "Real ID". Go lookup info regarding Real ID and you will be pretty happy with using Driver's license as the ID.
Why is any of the above causing your grief ? Why references to slavery ? As long as the system is transparent and documented on their websites (like DMVs), I fail to understand your angst.
qasleuth,
I understand that is the way rules are being framed in this country. For me, right to drive is a human rights issue. Unlike other countries, where public transport system is well established, in USA you can hardly move without a drivers license and a car.
Using drivers license as an Id, for me that is non-sense. Drivers license should be used for what it is meant for, driving.
US may make n number of laws. As a self respecting individual who just happens to be on a non-immigrant visa, I cannot digest the reasoning behind these laws and cannot agree to so many hurdles being put up for a basic need like a DL.
If they want an ID, let them separate it from drivers license.
I can't agree to every single law being setup by some ignorant lawmaker.
Some examples.
NC DMV had a law stating that you have to have SSN to get DL. ITIN was not acceptable. How would our non-working spouses on H4 drive when they are legally present in this country ? Is it fair ?
TX DMV has another rule that says unless you have at least one year remaining on the visa you won't be issued a license. What if somene moves to TX during last 6 months of one's visa and can't get a license while their extendion for H1 is pending with USCIS ? One should not drive in the last six months of his visa. Does it make sense ?
I have come across many such restrictions/situations which does not make sense. So my angst.
girlfriend http funny-photoshop-fails
PG75
09-30 02:43 PM
Thank you very much illionois_alum :)
Title field is for your title or how would you like USCIS to address the applicant as...Mr/Ms/Mrs/Dr etc...
Title field is for your title or how would you like USCIS to address the applicant as...Mr/Ms/Mrs/Dr etc...
hairstyles Photoshop Fail
gc28262
03-11 11:52 PM
I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
meridiani.planum
02-21 12:30 AM
Highly suspicious. I would call ICE and confirm. Also, I would ask this "officer" to visit at the workplace in presence of your lawyer. No one has any business visiting your residence for enforcement of a work-related visa. Be careful; consult with your attorney before entertaining any such request.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
I second that. Why a visit at home? Workplace is the obvious place (actually calling YOU in the normal interview method). Call back and confirm... this could be a prank from some soon to be "ex" friend.
logiclife
01-09 12:14 PM
http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML
FAQs About COBRA Continuation Health Coverage
What is COBRA continuation health coverage?
Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.
What does COBRA do?
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
Who is entitled to benefits under COBRA?
There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events:
Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time.
Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.
Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.
Qualifying Events for Employees:
Voluntary or involuntary termination of employment for reasons other than gross misconduct
Reduction in the number of hours of employment
Qualifying Events for Spouses:
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
Qualifying Events for Dependent Children:
Loss of dependent child status under the plan rules
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
How does a person become eligible for COBRA continuation coverage?
To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.
What group health plans are subject to COBRA?
The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.
What process must individuals follow to elect COBRA continuation coverage?
Employers must notify plan administrators of a qualifying event within 30 days after an employee's death, termination, reduced hours of employment or entitlement to Medicare.
A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules.
Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium.
How long after a qualifying event do I have to elect COBRA coverage?
Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.
How do I file a COBRA claim for benefits?
Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description.
You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed. The notice should state the reasons for the denial, any additional information needed to support the claim, and procedures for appealing the denial.
You will have at least 60 days to appeal a denial and you must receive a decision on the appeal generally within 60 days after that.
Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.
Can individuals qualify for longer periods of COBRA continuation coverage?
Yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:
Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage
Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage
If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.
FAQs About COBRA Continuation Health Coverage
What is COBRA continuation health coverage?
Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.
What does COBRA do?
COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.
Who is entitled to benefits under COBRA?
There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events:
Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time.
Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.
Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.
Qualifying Events for Employees:
Voluntary or involuntary termination of employment for reasons other than gross misconduct
Reduction in the number of hours of employment
Qualifying Events for Spouses:
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
Qualifying Events for Dependent Children:
Loss of dependent child status under the plan rules
Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct
Reduction in the hours worked by the covered employee
Covered employee's becoming entitled to Medicare
Divorce or legal separation of the covered employee
Death of the covered employee
How does a person become eligible for COBRA continuation coverage?
To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.
What group health plans are subject to COBRA?
The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.
What process must individuals follow to elect COBRA continuation coverage?
Employers must notify plan administrators of a qualifying event within 30 days after an employee's death, termination, reduced hours of employment or entitlement to Medicare.
A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules.
Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium.
How long after a qualifying event do I have to elect COBRA coverage?
Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.
How do I file a COBRA claim for benefits?
Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description.
You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed. The notice should state the reasons for the denial, any additional information needed to support the claim, and procedures for appealing the denial.
You will have at least 60 days to appeal a denial and you must receive a decision on the appeal generally within 60 days after that.
Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.
Can individuals qualify for longer periods of COBRA continuation coverage?
Yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:
Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage
Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage
If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.
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