hydboy77
05-30 11:28 AM
Latest count is 178. Keep it going.
Guys I beg all of you to who have not voted to please vote. It might seem irrelevant or not useful to vote but even small things like these add up. We have threads like spelling bee going into multiple pages but not threads relevant and useful to us. Please vote not just for this but also have an open mind and participate in all activites. There is a thread where you can send a letter to whitehouse explaining our misery and asking for removal of country quota and visa recaprure, how many of you have sent the letter. Please do that .
Guys I beg all of you to who have not voted to please vote. It might seem irrelevant or not useful to vote but even small things like these add up. We have threads like spelling bee going into multiple pages but not threads relevant and useful to us. Please vote not just for this but also have an open mind and participate in all activites. There is a thread where you can send a letter to whitehouse explaining our misery and asking for removal of country quota and visa recaprure, how many of you have sent the letter. Please do that .
wallpaper quotes about happiness and
guyfromsg
09-09 09:25 PM
I just called and the guy said he has the room ; he then started taking all my information and finally asked when I would arrive. I told him on 17th, 7:30am and he said " oh sorry we don't have any room, I thought you wanted it tomorrow"
So check it up again.
Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks
Yes, it's for 17th.. check your PM..
So check it up again.
Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks
Yes, it's for 17th.. check your PM..
sarath99
06-17 10:57 AM
Great initiative, I support this and participate in any action items..
2011 25 Quotes about Happiness to
sledge_hammer
06-26 02:29 PM
The photos I got from CVS was not bright enough. So the guy brightened the photos for me. Now the photos look a little touched up ...
What are considered bad photos?
I guess MOST of the people are concerned about the quality of photos than $ spent. My friend had RFE because the photos he got from CVS were not upto USCIS specifications. So any + experience is valuable to the forum.
Cheers..
What are considered bad photos?
I guess MOST of the people are concerned about the quality of photos than $ spent. My friend had RFE because the photos he got from CVS were not upto USCIS specifications. So any + experience is valuable to the forum.
Cheers..
more...
kumar1
01-04 03:10 PM
Now as I am thinking hard - H4 might stand for HAREM visa. Bring as many as you want and have your own Harem!
shana04
02-12 04:44 PM
I TRansfered my H1 B Visa first time in the August 2006 from Company A (GC Sponsering Company) to Company B.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
Everything went good.
Last year in March i did transfered my H 1 B to Compnay C from Compnay B
and i July last year i applied for my I 485, and got my EAD in Sep 2007.
Now the total 180 days have been passed am i eligible for AC21 and if yes then what are the formalities to get AC21.
Also Compnay A has told me earlier that they will revoke my I 140 but i do not have any means to know wether they did revoke or not, how do i know if they revoked my I 140 is there any way to find this out.
Your Help Will be a big Help for me
As you said I 485 filed + 180 days. So you are out of danger.
1. You can check if your I 140 was revoked using your LIN number for I 140 if you have one
2. To safely use AC21, find out your job title, job description and salary mentioned while filing your I 485
3. Your I 140 should be approved
4. then you can use AC21 with H1B transfer or with your EAD. I would advice to use AC21
5. your sponsoring H1B employer should mention the same job title and job duties as it is mentioned in EVL (employment letter) while filing your 485
6. If you have hired an attorney he would then send a AC21 letter(just a formal letter) with your new offer letter, with your 485 receipt number and 140 number (if you have).
That should take care about your AC21.
Good luck.
more...
InTheMoment
12-02 08:14 PM
Finally something concrete: :D
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.
Secretary Chertoff Advises of Changes in FBI Name Check Clearance Process
AILA InfoNet Doc. No. 07113061, Nov 30, 2007
In a meeting with AILA and other organizations, DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months. The changes are consistent with Secretary Chertoff's risk management approach. The Secretary hopes that, in addition to clearing the backlog, a large percentage of the kinds of applications and situations that have previously been caught in name check delays will, in the future, be cleared quickly. However, he cautions that some checks still will be delayed by investigations, but that that number should represent a small proportion of the numbers previously delayed.
2010 cute quotes on happiness. cute
willwin
02-20 01:33 PM
As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.
Ramba, I agree with you for the most part.
Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.
Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.
So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!
Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).
Your post was highly diplomatic than most of your queue-mates. Appreciate that.
Ramba, I agree with you for the most part.
Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.
Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.
So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!
Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).
Your post was highly diplomatic than most of your queue-mates. Appreciate that.
more...
buehler
06-19 06:28 PM
Ask your law firm why they are charging you so much. Below are the rates charged by my lawyer and should not be too different from what most of the others charge. If the lawyer doesn't answer, then show these numbers to your employer and lodge a strong protest with them.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
hair color, colour, happiness, life
RajWantsGC
05-12 05:10 PM
Thanks Chandu. Did the same. Got I485 reopended as it is USCIS error (Filing Fee Not enclosed.) Got I797c for both of us saying that I485 reopened.
software7,
would you please let me know in detail how you approached congress men and senators?
How did you get their addresses and contact numbers? I am also in the similar situation.
software7,
would you please let me know in detail how you approached congress men and senators?
How did you get their addresses and contact numbers? I am also in the similar situation.
more...
maristella61
12-11 02:08 PM
Sorry if this has been addressed before but I'm not really sure how the FBI name check works.
Is that something we all go through or is it at random? Where can we go to see if we are in the process of going through that or if we have gotten passed it already.
Thanks for your help as always.
Is that something we all go through or is it at random? Where can we go to see if we are in the process of going through that or if we have gotten passed it already.
Thanks for your help as always.
hot love and happiness quotes.
abhijitp
09-21 06:03 PM
Thanks for playing your folk tunes, and singing and reciting poetry on stage at the rally! Please let us know the IV handle of the other guitarist and singer. Thanks for inviting me to join you but I am way too shy to sing on stage :o 3 cheers to abhijitp, you make CA proud!
We guessed you were lying to us when you said you do not sing! You should have joined us... we would have then sung the song that only you and the other singer/guitarist know (besides Digital2k) know. BTW, the guitarist was Dr Saurabh although I don't know his IV handle.
It's the beginning of this weekend, but let me rewind things to the last weekend. I received a call from Paskal while I was walking into "Costco", when he told me about his idea of having me and someone else sing and keep folks entertained before the rally. He connected me to Saurabh, and it felt really nostalgic when Saurabh and I rehearsed the song over the phone... somewhat like how two friends would do it in college.
Then on the day of the rally, we knew we had to rehearse with our guitars, and we also knew we would have to, first of all, tune our guitars to one another. But to our sweet surprise, our guitars were already tuned:) We then went a few feet away from the registration booth, and began practising... but something funny happened.
One of the airfare beneficiaries came to me and said hello. We stopped playing and exchanged hellos, and chatted for 2 minutes, but guided him to Venkygct who had been very kind to take over all the "check disbursement" responsibilities. Another 2 minutes, and we have another beneficiary visiting. This time, Venky sees him and runs to us:)
But, we have only a few minutes to the rally, so we decide to go further away from the booth.... and we go really really far... and then start practising once again.
And then after a few minutes, we see Venky and a beneficiary running to us from 2 different directions, but Venky intercepting the missile before it got us:D
Thanks Venky for everything! You made it all sound easy. Starting from the day you postponed your India trip to make it to the rally, you had started making a positive impact on us.
(Folks, Venky even roped in a handful of his own friends to come to the rally. )
You were the God-sent help Arun and I were really missing! We had been finding it hard tracking down some of the sponsors and beneficiaries whose IV profiles had phony emails and bad phone numbers! But you came and things started moving real smooth.
Not to forget Drona's tremendous efforts in roping in dante, prp79, jiren... and in fact co-ordinating the sponsorship for one of them completely on her own!
Of course, Drona's dream to form the "Let's partner to increase resonance" band remains unfulfilled. So venky, by the next rally, do learn to play the drums:D
We guessed you were lying to us when you said you do not sing! You should have joined us... we would have then sung the song that only you and the other singer/guitarist know (besides Digital2k) know. BTW, the guitarist was Dr Saurabh although I don't know his IV handle.
It's the beginning of this weekend, but let me rewind things to the last weekend. I received a call from Paskal while I was walking into "Costco", when he told me about his idea of having me and someone else sing and keep folks entertained before the rally. He connected me to Saurabh, and it felt really nostalgic when Saurabh and I rehearsed the song over the phone... somewhat like how two friends would do it in college.
Then on the day of the rally, we knew we had to rehearse with our guitars, and we also knew we would have to, first of all, tune our guitars to one another. But to our sweet surprise, our guitars were already tuned:) We then went a few feet away from the registration booth, and began practising... but something funny happened.
One of the airfare beneficiaries came to me and said hello. We stopped playing and exchanged hellos, and chatted for 2 minutes, but guided him to Venkygct who had been very kind to take over all the "check disbursement" responsibilities. Another 2 minutes, and we have another beneficiary visiting. This time, Venky sees him and runs to us:)
But, we have only a few minutes to the rally, so we decide to go further away from the booth.... and we go really really far... and then start practising once again.
And then after a few minutes, we see Venky and a beneficiary running to us from 2 different directions, but Venky intercepting the missile before it got us:D
Thanks Venky for everything! You made it all sound easy. Starting from the day you postponed your India trip to make it to the rally, you had started making a positive impact on us.
(Folks, Venky even roped in a handful of his own friends to come to the rally. )
You were the God-sent help Arun and I were really missing! We had been finding it hard tracking down some of the sponsors and beneficiaries whose IV profiles had phony emails and bad phone numbers! But you came and things started moving real smooth.
Not to forget Drona's tremendous efforts in roping in dante, prp79, jiren... and in fact co-ordinating the sponsorship for one of them completely on her own!
Of course, Drona's dream to form the "Let's partner to increase resonance" band remains unfulfilled. So venky, by the next rally, do learn to play the drums:D
more...
house short quotes on happiness.
richshi
12-08 10:58 AM
Get one thing done is better than spreading limited resources on multiple topics. To increase immigration quotas is not achievable before presidential election is done.
Why not just focus on getting name check delay solved. It is under congress scrutiny already, all need are to add more oil to the fire.
Why not just focus on getting name check delay solved. It is under congress scrutiny already, all need are to add more oil to the fire.
tattoo house Life Quotes, Happiness
laborday
07-17 09:41 AM
AHAH I'm sorry, I didn't mean to sound like a bully. I refreshed and it still says June though :confused:
This is what I see:
"U.S. Citizenship and Immigration Services
Nebraska Service Center Service Center Processing Dates
Posted July 16, 2007 "
This is what I see:
"U.S. Citizenship and Immigration Services
Nebraska Service Center Service Center Processing Dates
Posted July 16, 2007 "
more...
pictures quotes on happiness and love.
InTheMoment
08-15 02:42 PM
Two things I would like to mention here:
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
dresses quotes about happiness and
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.
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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arunmohan
12-20 01:04 PM
Does this new rule allow H4 to work?
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masouds
02-21 02:36 AM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
You might want to call back his office and verify his status. He may have been an ICE employee two months ago. Is he still an employee there?
Let them know that you will exercise your right to have witnesses and/or your attorney around you.
This is very unusual indeed. How much time do you have?
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
You might want to call back his office and verify his status. He may have been an ICE employee two months ago. Is he still an employee there?
Let them know that you will exercise your right to have witnesses and/or your attorney around you.
This is very unusual indeed. How much time do you have?
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regacct
04-14 01:13 PM
I thought immigration issues were the responsibility of federal govt. Can states pass immigration laws? Whether it is unauthorized aliens or otherwise?
if the states can take actions, why are we banging our heads with the fed?
if the states can take actions, why are we banging our heads with the fed?
Eternal_Hope
07-08 07:49 PM
I'm going to say this once more. As much as we try, we cannot bring the Indian community under one umbrella to act together. It's a pipe dream and not achievable. I've experienced every possible Indian specimen there is in the Bay Area. Indian community in US can NEVER be like the jewish or hispanic community. What we need is representation in the corridor of power (AKA Congress/ Senate), period. No number of phone calls from mere mortals like us will equate to one phone call from big-wigs such as Vinod Khosla or Indra Nooyi.
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
There is no "single best strategy" - Microsoft's Ex-Chairman has testified to the Congress many times and it has been well covered in the media.
Your efforts are very well appreciated. There needs to be multi efforts, IV's efforts being just one of them. There is no stopping people to take initiatives at the State Chapter levels. What we need is more motivated leaders like Pappu, Logic_Life, Aman, Paskal, NeedHelp!, ...................., and a lot of support from common people like us ............
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
There is no "single best strategy" - Microsoft's Ex-Chairman has testified to the Congress many times and it has been well covered in the media.
Your efforts are very well appreciated. There needs to be multi efforts, IV's efforts being just one of them. There is no stopping people to take initiatives at the State Chapter levels. What we need is more motivated leaders like Pappu, Logic_Life, Aman, Paskal, NeedHelp!, ...................., and a lot of support from common people like us ............
honest123
05-12 02:12 AM
Personally I do think if DREAM ACT is passed, it will be easier to voice another bill to be passed to allow legal working immigrants (EB-1, 2, 3) to get green cards. I said this based on logical reason----people from DREAM ACT are illegal immigrants, so if DREAM ACT is passed, illegals will be turned into legal immigrants. So by logical reasons, legal working immigrants gain legal entry to US for jobs or for schools before, they should get green cards by logical and reasoning approach because they have paid taxes and expensive international tuition fees for years to help the US economy before.
Also, since NOT all EB legal working immigrants have US advanced degrees in Science & Medicine, therefore, similarly by logical and reasoning approach, any US advanced degrees in Science & Medicine graduates should have a chance or path to get green cards or to start up companies in US to help the US economy better. More legal immigrants buy houses and set up companies in US, more jobs created and more prosperous the US economy will be
Also, since NOT all EB legal working immigrants have US advanced degrees in Science & Medicine, therefore, similarly by logical and reasoning approach, any US advanced degrees in Science & Medicine graduates should have a chance or path to get green cards or to start up companies in US to help the US economy better. More legal immigrants buy houses and set up companies in US, more jobs created and more prosperous the US economy will be
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