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  • I tried to contact the attorney so badly until Aug 16th, but he never responded. I was able to get hold of him only on Aug 17th. I guess he was directed by my employer so.

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  • You are still with in 180 days window of being out of status.

    This discussion scared me now.

    I came in US on 06/03/2001. When I came I was told, no project for me right now and I have to wait. I waited till 09/11/2001 WITHOUT pay.

    The first time I was on my company payroll was in 09/11/2001. Since then as of today I am working continously.


    Please comment and give me hope.

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  • Still waiting for FP and no SR is filed

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  • mapadapa..has numbers..and numbers dont lie...
    i think EB movement will be gradual and it will maybe move to first qtr of 2005 by the end of this year(EB2).....no way will it be C..

    On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,

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  • What is the Federal Government's role in COBRA?
    COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.

    The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:

    U.S. Department of Labor
    Employee Benefits Security Administration
    Division of Technical Assistance and Inquiries
    200 Constitution Avenue NW, Suite N-5619
    Washington, DC 20210

    The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.

    The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:

    Centers for Medicare and Medicaid Services
    7500 Security Boulevard
    Mail Stop C1-22-06
    Baltimore, MD 21244-1850
    Tel 1.877.267.2323 x61565

    I am a federal employee. Can I receive benefits under COBRA?
    Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.

    Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
    If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.

    How do I find out about COBRA coverage and how do I elect to take it?
    Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.

    When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.

    Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.

    The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.

    You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.

    Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.

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  • Try getting info from any other consulate...you will feel the same.... I used to feel the same until I dealt with UK / French /Italian consulates for tourist visa....it was as horrible...

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  • 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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  • why the letter says 765 copy when the application is for 131/AP?


    The Immigration Officer,
    (processing center address)

    Re: Application for Travel Document.

    Dear Sir/Madam,

    This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.

    I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.

    Attached are the supporting documents. Please feel free to contact me if you need any additional information.

    Documents Attached:
    I-765 Receipt Notice
    Passport copy
    I-94 copy
    I-485 - Receipt Notice
    Previous Travel Document copy
    Drivers License copy


    I- 485 Receipt Number XXXXXXXXXXX

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  • bonded labor?

    Retrogession and PD not current is a Modern form of Slavery... We are Highly Educated, Law Abiding, Tax Paying Slaves to this broken immigration system

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    4141 N. ST. AUGUSTINE RD.
    DALLAS, TX 75227

    Name: xxxxxxxxxxxxxxx
    Labor Certification #:
    I-140 Receipt #:
    I-485 Receipt #:

    Dear Sir/Madam
    In regards to this request to utilize �The American
    Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
    (Attached for your reference are relevant portions of AC21.)

    The memo lists two preconditions for eligibility to change jobs- I485 is pending
    UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
    In the present case, my client has had an H-1B transfer filed for him, and is utilizing
    AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.

    I have attached the following requisite documentation including:
    Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
    Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
    All other documents that you can support for AC21

    Please do not hesitate to contact me should you require any additional documentation.

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  • Where did you get 30 days information? What if it is 40 days instead of 30 days? Is there any official document about this?


    Here you go

    Search for 30 days as per law to start working

    Not a legal advice.

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  • @ Seratbabu,

    According to my lawyer, I-485 is applied by the applicant directly & not by company or lawyer. So, if you have received the I-485 receipts to your own address, then you will received RFE to your home address.

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  • wish life were simple huh?

    Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "

    I thought so. Life's never simple with USCIS in it :) If at that time my spouse (my beneficiary) has not used EAD and is still on a non immigrant visa (H1 or L1), can I switch to dependent status?

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  • As if being a FT employee is a virtue :rolleyes: ...dude you gotta move ur crap somewher else

    Had it not been a virtue, you wouldnt have been on this board for your GC. If you know what I mean. The GC /EAD will give you portability and bargaining power in negotiations for your wages with your employer.


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  • If you have the receipt #s cant you approach the local service center with infopasss and request expedited processing?

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  • We are like beggars in this country. This country and its people do not want us here and are doing everything permissible under law to throw us out of here (if no law then they just make one up).

    But we are such suckers that we do not want to leave this country and go back home. Gandhi fought to get rid of white masters but we were destined to serve one anyway. I don't understand why I don't live in my own country and contribute to its economy. Why am I tolling so hard to live here? I don't know when will my hard head understand this silly concept.

    The reason is...probably we are not toiling that hard....As long as one has a paying job, things go reasonably smooth.....and we dont toil as much as it is made out to be.
    The issue comes only when one loses the job...and had to play catch-up with immigration to keep us in status.

    That is also the reason why you don't get mass participation in legal immigration activities.
    I presume people are just happy with the status-quo! They think of going that extra length only when that status quo gets disrupted..

    My 2 cents!

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  • Have you contributed to the MILLION dollar drive? Please visit the funding thread.

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  • Anyone invoking AC21 with unapproved I-140?

    It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.

    Hope it helps.

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  • whats ur problem and point dude? Do you think u need use all caps for this post?




    SHORTCUTS ...huh ...??


    Please try. If nothing works out (like me) still you have satisfaction you did your part. :)

    And who is India fighting with??
    Come on we need to learn to forget the cold war days. This is 21st century and the age of facebook and other social networking platforms. the world is getting more connected and there will soon be no place for fighter planes any more. What we need is "food" and "water".....
    Nature is showing us again and again the futility of our ambitions (regional and international) through her rather quite infrequent thrashings these days....
    296 people perished this week in terrible tornadoes (worst in last 40 years!!!).....10000 or more a month ago in Japan earthquake (5th worst ever recorded!!!)....

    People who care for food and not for security, end up losing both.

    There will always be natural disasters in different parts of the world. US has a fair share of natural disasters, hurricanes, tornado, floods, earth quakes etc. This age is no different than any other, facebook and other websites only exist in the virtual world of computer programmers. The world is preparing for the next round of human supremacy. Humans will always fight wars, like it or not. None of us here make those decisions to go to war, its just part of human nature. The question isn't if we should fight wars, the question is, are we better prepared to deter one from occurring. Strong defenses is good enough to deter a war. So building strong defenses is a good thing.

    As far as immigration and war planes are concerned, some elements in the US government think that its doing a favor on other nations by letting its people to migrate to US. Although, the truth is to the contrary, these things does have an affect on a much higher level, if not for individual application. So this topic is relevant to the subject being discussed on this forum.

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