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  • karthiknv143
    05-15 12:30 AM
    I think this has a better chance than rest of other EB bills, because US wants more skilled persons and by defintion advanced degree holders from US in STEM are. Congress extended 20,000 H1 visa for US masters and PhD graduates some years ago whereas they were and are loathe to extend the total H1 numbers.
    Going by this logic, I think this bill will go farther and gain traction. Lets's keep our fingers crossed.:)

    In one stroke, this bill helps both a) US advanced degree graduates and b)non US graduates (i.e, EB applicants), as 1) it puts EB1 and EB2 in non quota category (I,C,P,M and ROW) and 2) frees up EB1 and EB2 numbers for EB3.

    my 2 cents.

    How many ever bills get introduced or hearings happen, there is the CHC which is blocking everything. Lets start a email/fax/phone campaign...





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  • Libra
    01-11 03:59 PM
    bump





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  • coopheal
    06-02 03:42 PM
    Do not think anything wrong in voting. Atleast so many IV members are again active due to this voting. No harm...

    It is not about "Is voting on OpenCongress right or wrong?".

    If we had enormous resources (both money and human) I would not have cared people voting on this. We EB based GC seekers are a small group of people. On the top of that a very few of us actually do something that can alleviate our GC situation.

    If people efforts are going to be diverted on actions like this, we may loose some of them when IV action comes in.





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  • kumar9844
    06-01 04:12 PM
    Done



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  • mariusp
    06-05 09:46 AM
    Please read this: http://immigration-information.com/forums/blog.php?b=9
    and look at the date when it was posted. Is it a coincidence that IV started a similar initiative two days later? could be... but he deserves some recognition. Ron is an immigration lawyer and not a 10k member organization such as IV so he does what he can, and in my opinion provides a good free of charge, service to the community, something that I don't see a lot of other people doing.

    I am not sure. Here is what my opinion is :


    I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.

    Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.





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  • gdhiren
    08-28 05:24 PM
    Gdhiren:Can you please send me your email id mine is zoozee4@hotmail.com
    I am flying from San Jose to Dc for the rally.Can you please post me the threads for the hosts for accomodation in DC.

    Here is the thread where you can request accomodation.

    http://immigrationvoice.org/forum/showthread.php?t=12565

    I'll shoot you an email.



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

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

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

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

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

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

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

    Premiums are not paid on a timely basis

    The employer ceases to maintain any group health plan

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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





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  • gauravsh
    02-21 01:10 PM
    This happened to me and I may try to summarize my experience here. OP relax . PM me if you want to.

    I Filed EB2i AOS in 07/07. Got a phone call at home (sometime in sep07). I was at work so my wife was the one who recd call and gave them my work ph#. Guy called at work, introduced himself and asked for time to visit me. We fixed up next morning . It was a kind of tense night. I had not informed my attorney about this- thinking it a part of background checks.

    Next morning, an officer in plain bussiness dress showed up at exact time, introduced and gave me his bussiness card and presented his official ID card.

    He spent some 45 minutes or so., and had several questions of personal nature about family and friends and money transmitted to india over the years (He had a complete list of transfers)

    It was all serious questions but in a very casual/relaxed atmosphere (Nothing like allegations/judgemental).

    This all ended very well. Saying GOOD LUCK to GREEN CARD.
    Btw: I arrived in 2000 , worked for the same university until then.


    can you please tell were you working for a consulting company or a american company? Also in which city are you located?
    Might be they are doing it at some particular location?



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  • rb_248
    12-13 01:09 PM
    Look, the situation is terrible but let's not get carried away. We're still here by choice. We bargain going through all this for having the life we have here and not having the energy enough to unroot and head to Canada, Aus or Europe.

    May be you are right....but, I feel that the whole thing is a broken promise. And I feel like I fell right in the trap set for people like us.





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  • 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.



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  • swarnapuri
    12-12 12:47 PM
    http://travel.state.gov/visa/frvi/bulletin/Visa_Bulletin_For_January_2007.html





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  • rustamehind
    08-10 10:33 AM
    don't you think they will face problems in 140 if their education doesn't match that in labour... its not as easy as you told..
    jumping the line part i understood. but the first part of your quote is not true...

    You are right, they will face problems in 140 and they do.But you know what, thats why we have lawyers & education eval agencies , if you pay them they can make any degree or exp look like , anything else.
    I know a guy who had BSC & got a sub labour , he had got many RFEs in his 140 , I don't know what happend in the end , but what I feel is, some of them can still trick the system.



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  • venky08
    01-06 02:48 PM
    dont worry, nobody will take any offense from your post...we all are one big happy family around here...right guys???:)


    The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.

    If it is of any further consolation then here is my brief backgroud:
    I am a Hindu by birth.
    Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
    Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
    So you see, I would be the last person to use this story to stereotype folks from any particular religon.

    I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.





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  • nixstor
    01-13 06:07 PM
    We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.

    As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.

    The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance



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  • cloud 9
    05-31 01:30 PM
    Voted





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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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  • micofrost
    06-02 02:07 PM
    Two from our family.
    Called up the 202... .... number. Got fwded to Senator Boxter's office. Although she isn't a supporter yet, but talked to her office and left a message for the Senator asking for her support.

    thx





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  • Jimi_Hendrix
    06-26 05:04 PM
    visit your senator's website. Look for links for "casework". Look for contact person for immigration. Call your senator's office at that number. Explain your problem. They will ask you to write a letter giving your case information and requesting them to find out the status. Some senator offices may require you to fill some form in a format pertinent to them with the intention of giving the senator's office permission to inquire on your behalf and to give access to your personal information.

    Once they have letter from you they will contact USCIS on your behalf. They will tell you by when they will hear back from USCIS. Make sure you do not call them repeatedly, call them when they ask you to call them or call them after a reasonable amount of time i.e. 2 weeks.





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  • gcgreen
    01-09 12:46 PM
    the two reasons why you would want to enroll in COBRA are:

    1. insuring yourself and family for the one month or so. without insurance, everything is expensive.
    2. PRE-EXISTING CONDITIONS. If you are without insurance for some time period that time period is deducted from the typical 6 month or so waiting period of coverage of pre-existing conditions. But I think even in this case there is some grace period of 30-60 days. I suspect if you were covered 30-60 days prior to start of coverage by an employer sponsored plan, then the waiting period is waived. but you need to read the fine print for this.

    hope this helps.
    Hi,

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.





    bekugc
    07-19 10:48 AM
    I read somewhere that doctors abroad who do the tests for consular processing cannot be used for AOS medicals.

    u'll get RFE only if theres is a mistake in medicals, if there is NO medicals in the 485 packet, i think ur appln will be outright sent back.

    whats ur PD, if its in the range of 2000 u still have hope that in next few months ur date becoems eligible for AOS.

    ive heard that there are some doctors out there (of questionable integrity) who accept cash and give out medical reports. even tho this is a backdoor approach, u can make a few calls and give it a try. to make ur case more genuine, try to get a list of all attributes recorded in the blood and skin test, and get those done promptly done in india. atleast let the doctor copy over ur wifes actual stats rather than inventing it. If ur case is genuine, may be someone will be merciful to help u out of ur predicament.

    Preponing visa interview without very valid reason cud be harmful. u never know, if they catch ur wife telling a lie then ull be walking on thin ice.

    last year my friend visited india...he is on 7the year H1, and got 3 yrs extn based on 140. he had attached copy of approved 140 as proof...the chennai visa officer only asked him "is ur company paying for ur GC or you urself" ..he answered Company is paying full amount. and they gave him the visa. :-) if Govt is using approved 140 to give 3 yrs extn, obviously they know the intent to get GC...i dont believe telling truth that ur company is processing GC for you is going to harm you.

    its just my opinion!!!





    sameer2730
    11-06 12:13 PM
    Does anyone know when VB will be out this month?
    Sometime this month!!



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