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  • Gravitation
    12-13 12:58 PM
    Hey brother,

    I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
    Hey buddy,

    No, I don't believe you questioned my intent... I just wanted to clarify for all the people who're reading this.

    Your explanation could very well be correct. These are all theories by people who try to explain the movement of these dates.

    Regarding who decides what flows where is department of state. Congress makes laws and then the cabinet agency makes rules on how those laws will be implemented. While making these rules, the agency gets some discrition in situations such as this where law will allow more than one possibility.





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  • 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.





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  • insbaby
    09-26 07:43 AM
    <quote>
    The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    </quote>

    If you are taking a supplementary examp of one subject of your previous sumester clearly says you have not graduated on Dec 2000, but only after June 2002. I dont' think any school give away degree without completing all exams.

    I have heard many such cases, people want to take advantage of EB2 and filed without meeting the requirements. But unfortunately many times they are trapped.

    There is only one way, talk to a good immigration lawer. The good thing is, this is not a crime, you still have enough evidence to prove that this is a user error and you have chance to file again. Go with EB3 for safe. But ONLY A VERY GOOD IM LAWER can do this.





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  • newu77
    07-02 04:11 PM
    I spent $500 for medical.
    Lawyer fee and other expenses (fedex etc) (around $2000) - paid by my company.
    plus $1500 is filing fee (which I guess should be refunded).



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  • sanbaj
    05-05 03:26 PM
    Hi,
    Here is my situation:

    Company A:
    EB2 PD Aug 2006
    140 Approved
    485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
    Still working with Company A and intend to work with them for another couple of years.

    Company B:
    EB2 PD Nov 2005 (Substitution labor)
    140 Approved.



    Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
    I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
    Do I need any kind of document from Company B like employment letter in future ?
    Does the PD need to be current to interfile?
    Do I need to work for Company B?
    Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
    I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
    How would I know that interfiling process completed successfully?
    If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
    If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?


    Thank you everyone..
    My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.

    If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.

    I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.

    Hope this helps.





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  • GCard_Dream
    01-31 03:39 PM
    unfortunately most of us in this forum aren't eligible for visa lottery, just one thing which is really free. How sad. :mad:

    FYI: USCIS does not charge for Visa Lottery... It's FREE.



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  • aachoo
    02-20 07:00 PM
    Employment letter with salary, did your status change?

    nope. I am still waiting for the RFE.





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  • eb3_nepa
    06-05 02:32 PM
    Guys,

    It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.



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  • pd_recapturing
    05-12 05:34 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.
    I liked the "Filing Fee Not enclosed" part. How did you manage to open an MTR without attaching a fee check? Please let us know. Ideally, we should not attach fee with MTR for such cases as these are USCIS errors.





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  • nrk
    10-30 12:39 PM
    Just came back from Info pass appointment.

    The officer told me that they haven't seen any thing wrong in the system.
    Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)

    Then i have asked him why the letter says "not admissible under the current law"

    He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.



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  • Carlau
    06-19 10:42 PM
    What is EVL, is it experience letter.

    yes, EVL is Employment verification letter, is a letter saying that you work for the company since... as ... (the position from the database).. for your real annual salary





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  • gc_check
    11-03 10:44 AM
    EB2 likes visa bulletin predictions.
    EB3 does not.

    That explains the green or red in my opinion.

    Accessing IV forums after a long time... posting to this thread, though not predecting on VB's... May be the data that were made available through USCIS Home Page (http://www.uscis.gov) (http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf) already gave some hint on how the PD's are going to be in the monthly VB's and most people understand the number and are not predicting any good movement and not posting any on threads like this. Only the luckly EB2-I folks, who are getting a good chunk of the numbers for now thorugh spill over etc want to predict.. but again, too many questions there too... if quartely spillover or will happen in FY last quarter or something else... or .... The VB's / PD's etc.. nothing is going to make any difference and ease the pain of pending EB AOS applicants, unless there is change in law that would provide something to alleviate the EB backlog... When it is going to happen.. any time from now and at the least we can hope will happen before the end of Obama's Presedency like we hoped CIR would have happened before Bush left office :mad:



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  • radhay
    07-25 11:12 AM
    NSC e-Filed EAD and AP 06/16 for both of us.
    Finger prints: 07/11.
    EAD approved for both: 07/18
    AP Approved for both: 07/21
    EAD Card Received for 2 years valid from date of approval: 07/22
    AP document: Waiting..





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  • gimme Green!!
    06-20 03:42 PM
    Isn't concurrent filing still available?

    At one point, there was concurrent filing. Just get LC approved and file for I-140 and I-485. Even if dates are not current. Then these filings were seperated. Then retrogression kicked in.

    Now these GCs are getting aproved. So, don't worry.



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  • kart2007
    05-15 11:19 AM
    Its a good thing, hope this will lessen the abuse of the visas by these Indian companies. As I mentioned in another thread, I have seen that H1 and L1s who come from India dont get a very good salary. Not good.





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  • shana04
    02-13 10:12 AM
    Shana,

    Thanks for the AC21 letter format. What do u mean 6yrs - minus remaining time? So, lets say, I'm in the 5th yr of my H1B. So the remaining time is obviously 1 year. My 485 is pending. So, will I get an extension of 6-1 = 5 yrs of H1 extension???:o If so...that wud be gr8. Pls emphasise on what u mean by that calculation.

    I mean to say 6yr - used time (if you are in 5th year) then it is
    6 - 5 = 1 yr remaining. (if 485 applied and you still have 140 approved - you still get only 1 yr ext)



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  • ssnd03
    02-24 08:37 PM
    Read this:
    http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf

    What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.

    Dude your post is really lame. Check the dates.





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  • pooja_34
    12-20 04:06 PM
    I think we need an IV movement to fix the Indian Consulates - They are absolutely pathetic - Lets get our house in order before we try to fix the USCIS !!! Does anybody know what is the email address for Meera Shankar - Indian Ambassador to US. We need to bombard her with emails about how badly the Indian consulates in the US are run.





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  • Makaveli
    02-03 11:37 PM
    guig0 i voted for you!!! just cuz eilsoe tried to screw you over by linking the WRONG SPEELing one.... ;) j/k :P :P


    btw, how the HELL do you make a spelling mistake during pixel art.......lol

    why aren't you posting as much anymore i love reading your hillarious remarks :love:





    gcSeek08
    08-13 01:47 PM
    Iam in the similar situation, but my wife came here only last month on H4. My GC was approved yesterday. Now I have all the documents ready for my wife's GC application to be sent to USCIS. My lawyer also told me to immediately mail the application to USCIS since I did not receive my GC on hand yet.
    My concern is will my wife's application get rejected since my I485 has been approved? Pls help!





    file485
    12-20 01:18 PM
    guys..

    my question in all this excitement..

    2yrs on h1 + 5yrs on h4 is eligible for 4yrs of H1...??!!

    please post...



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