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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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  • gc28262
    03-26 02:45 PM
    We can get a employment verification letter. But now a days you need employment verification letter for many things. Just recently, jan 2009, I carried EVL for visa stamping. Now, my DL is expiring, should I ask them again for EVL. It has become more like HR nightmare for having a non-immigrants in the copany. These taylor made rules are not appropriate. When driving is a basic necassity, I could not comprahend why they need all additional documents. Any ways if this is true I have to ask my HR again to provide me one. Hope they do not get mad at me.

    Can't agree more. This is nothing but harassment. What has drivers license got to do with employment or immigration status ?

    I don't understand how many of our members think that this is the right thing to do. Haven't we got enough chains on us already ? :rolleyes:





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  • ramus
    07-06 02:42 PM
    Very good develpoment..

    Thanks for all hard work.. Guys lets help core members with whatever they need.





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  • gbarquero
    08-31 09:44 PM
    I've called several members and I am dispointed of them just saying "no.... I can't..."
    But they all have time to be in the forums everyday asking for help, asking questions about dates, receipts, etc. It just doesn't make any sense that they have the chance to do something about it, they don't have "enough time for it"
    But I am sure, they all complaint about how long is taking and all the money they have to invest on attorneys.



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  • techysingh
    02-03 09:36 AM
    not yet





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  • immigrant2007
    07-16 12:54 PM
    There is nothing to solve in the immigration system. We do not need another 37K pages of vague rules like the HealthCare reform or 3K pages of rules for the Financial reform.
    The immigration law is best AS IS. The issue is that they are NOT implementing or enforcing the current law.

    States in the US can pass any law to protect it's citizens especially if the Fed Govt. is not doing it's job.

    Not enforcing a law to protect Americans is unconstitutional. Therefore states have to mandate their own laws. When the Fed calls someone illegal - it means they broke the law. They have to be punished. No 2 ways about it unless you have a new meaning for "Illegal".

    Note that politicians are spending too much time talking about illegal aliens and less time on legal benefits - cause more harm to legal immigrants. How can someone not get that?

    Please update and provide credible infrmoation in your profile. I agree with you about the imgmiration law doesn't need much changes for handling illegals. It's an implementation issue.
    I am pretty sure Arizona Law is about vote bank politics and federal Law suit is also about vote bank politics. Arizona law is to cash the sentiments of people suffering from the recession, loss of jobs , money etc etc... and illegal immigrants are an easy excuse and soft targets. Remember, few years back it was IRAQ and Afghanistan (we see the results now the issue has still not been resolved we have lost money and made more enemies and most improtant destroyed life of "GOD knows" so many innocent people...just imagine to step in their shoes even for a single moment).
    IF states continue to do this we are far from the day where you see California passing a law requiring VISAS for entry....Right now we are debating State-Federal, who knows what this leads to. I think (my views) Americans are not good (all their actions lead to law suites or wars --most of them are costly affairs)at protesting about issues though they are fast on acting (at times it could be hastily). The whole issue could have been protested and resolved in a very strong way without making it all about VOTE bank politics. Lot of laws are already there its only that will, sincerity, honsety and integrity to implement them is lacking



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  • aadimanav
    08-22 02:07 PM
    spread it for each month = 272.
    number of families per month (assuming 2.5 persons per family): 109 :(

    No wonder dates don't move......:confused:





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  • drirshad
    07-04 10:01 PM
    I ve been paying all GC fees from the LC, company pays only H-1 fees.

    For I-485 total expenditure as follows:

    $1300- attorney fees
    $300- doc fees
    $200- other docs, vaccines, etc
    USCIA appln fees for me & spouse for 485 765 131 ....

    Lost hours at working for the medical and attorney appointments almost 24 hours * $40 = $816-

    Sleepless nights filing forms & submitting on time = priceless ....



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  • greensignal
    11-10 11:13 AM
    Yes. I did check with me lawyer. She didn't receive yet.

    Ok. Try this:

    If you have created a login as customer in USCIS website at @ https://egov.uscis.gov/cris/jsps/index.jsp.

    As soon as you log in you can see the last updated date of your case.

    You may atleast know if something changed on your cases internally based on this LUD

    Good Luck.





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  • addsf345
    07-13 01:40 PM
    "Long Journey. Finally GC
    by J2GC
    Hi Guys,
    After a long journey of more than Sixteen years in this country, I finally received my GC.
    In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
    Applied for EB1 and NIW in July 2008.
    My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
    Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
    During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
    The main problems were:
    Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
    Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
    Could not go to certain occasions, like death of very close family members, weddings etc.
    However, I kept my cool and prayed and got lot of support from Immigration voice.
    As a small token of appreciation, I am donating $500 .(and will keep on supporting)
    We all are going to get GC, some sooner some later. Just keep on doing you job.
    Thanks you all for all the information and support.
    J2GC (J-1 visa to GC)"

    Congrates, and thank you so much for supporting and appreciating IV. Your journey is inspirational to rest of us. God bless all.



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  • genius
    05-02 03:03 AM
    Hi everyone,
    Last week one of my friend(Mexican) from mexico was sent back from the airport and her visa was revoked (B1/B2).The officer claimed that since she lived in the US for almost 5-6 months (no overstays) for the last 2 years,she must have worked here.Is there any possibility that she could apply for another visa (either after waiting for a few months and what are the Odds?).Can the immigrant lawyer do anything to help her get her any other visa (student or something).

    Please help!!


    Thanks in advance!!!





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  • raysaikat
    04-10 12:24 PM
    I know many Indian students in my uni who have cheated and plagiarized and somehow graduated and then gone to these fraud consultants who applied for their h1-b.
    Last year I knew at least few Desi masters students who were caught for plagiarism and suspended, but those guys/girls went to a desi fraud consultant who applied for their h1-b based on their bachelors while they were doing there their masters (they had no job, nothing) and guess what?.. they got it!
    There are not many desi students at my uni, I have heard these things are very common and happen at a large scale at bigger schools. A lot them of don�t bother to really study because they know would somehow find a job and visa through a bodyshop consultant after they graduate. If these students could do a job, I think anyone in the world could do what they are doing,. no talent or skill is required!
    These bodyshops consultant are just bad for everyone- for deserving students, schools and industries.
    So I think bodyshops consultant should not be allowed to apply for h1-b at least.

    You have nailed it! And it is most prevalent not at the big schools, but rather unnamed "teaching" schools. Absolutely rotten students join M.S. of these universities in hordes, and don't care/able to study. Works in gas pumps and grocery stores to pay for their bills/tuitions, in violation of F-1 regulations. And then get "H1-b" through these body-shoppers.

    At the risk of repeating myself, I will say again: just one regulation preventing software consultancies (read: body-shoppers) will remove almost all woes against H1-B program and have a very positive effect on the GC queue in the next decade.



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  • ramus
    06-20 07:44 AM
    Great.... Thanks.



    Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......:D





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  • Alabaman
    09-14 03:22 PM
    I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

    I was thinking the same way; because I am no different.

    Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.

    I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.

    I thought I will just share my ideas so that atleast some of the people will be happier.


    So what are your ideas?



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  • kghoshal
    11-16 11:17 PM
    In fact, I got laid off recently, my LC gone, which was filed on Sep,2004. I am looking for job again on my 8th year H1B extension. In this uncertain future it is better to return home for me.





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  • gc28262
    01-26 06:32 PM
    Maybe it has no legal validity. But still why to accept it. If they ask you to pay the fine/penalty, you will have to fight it before winning.

    You can do one of these.

    1. Ask them to remove the clause from the letter
    2. Strike out the portion that mentions these and then sign it. Keep a copy of the signed document for yourself for future needs.

    If this is just a "standard", they should not object to one of these. By the way such open ended terms are not common in offer letters. It definitely sounds fishy.



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  • arkrish68
    02-10 08:43 PM
    There was a soft LUD on mine as well as on my wife's I-485 :D. Mine was filed in NSC on July 2nd 2007 and transferred to CSC for receipts and transferred back to NSC :confused:. Currently mine is not within the priority date :confused: . Not sure why there is sudden LUD this month :eek:.





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  • se_vnt3
    02-27 03:55 PM
    My husband and son are being discriminated against for having an Alien wife and mother.

    If an Alien deported with drug-related offences of more than 30 grams of Marijuana, like me, solicits a Non-Immigrant Visa to visit in the U.S. at the same time my husband or son solicit an Immigrant Visa for me to remain in the U.S. with them, the Alien will be granted her Non-Immigrant Visa and my husband�s or my son�s request will never be acknowledged.

    This is our story: Everything we ever learned from the U.S. about truth and justice is suddenly being deprived of any meaning by the U.S. itself. The hardest part for us is believing that everything we�ve based our lives on � the American way, has no merit.

    I was deported from the United States of America on February 18, 2005. I lived there nearly 30 years since I was 20 months old, when my mother crossed the Rio Grande into the country with me illegally. I was given an opportunity to become legal under the NACARA law but was to afraid of being deported like Maricela Soza was under the same law and didn�t go through with the entire process. I have both a husband and a son who are U.S. citizens but I am permanently prohibited by Immigration law from immigrating to the United States, while at the same time I am allowed to visit. Due to my drug-related offence of more than 30 grams of Marijuana. It�s Immigration law�s contradicting policies which I find disturbing.

    U.S. Immigration is concerned with their citizens� welfare but it is denying my husband�s and my son�s requests to have me back by their side for good. Although Immigration law will value my wish to receive admission into the United States. Needless to say I prefer returning, immigrating and remaining in the country by my family�s side. That�s not taking into account the fact that I am still homesick and continue experiencing culture shock in Nicaragua. What the Department of Homeland Security is doing to my family and I is cruel, inhumane and unpatriotic. No free country�s government has any business deciding how families should be formed or whose personal choice is agreeable or not. Like that of my son�s and husband�s choice to overlook my shortcomings and begin our lives over together again.

    The 212(d)(3) Waiver allows a visitor�s visa into the U.S. to be issued to an Alien like me if I show evidence of rehabilitation such as becoming a practicing professional with a U.S. job offer. Sometimes with lone proof of a bank savings account, school registration and satisfactory travel record. On the other hand there isn�t one waiver available for United States Citizens who wish to rebuild their lives with an Alien deported for any drug-related offence of more than 30 grams of Marijuana. Not only are my son�s and my husband�s needs being ignored but my needs are being placed before their own. An act I dare name TREASON.

    How much more is the United States citizens� welfare secured if an Alien with an undesirable drug history enters the United States merely to visit and not to immigrate? Shouldn�t all United States citizens� needs and rights within and from their country � such as my husband�s and my son�s, come before any Alien�s need or right to receive admission into the U.S., including my own? Also, shouldn�t Family-Based Immigration take first place over �Alien travel� for any reason?

    I regret to say it�s these types of injustices with devastating consequences to the recipient�s and his/her immediate relatives� personal lives remaining raveled, much more unacknowledged that play a large role in the cause for conflict concerning disloyalty toward the U.S. and unpopularity of the U.S. among U.S. citizens and foreign nationals inside and outside of the United States. I trust that once this oversight is brought to DHS�s attention they will not knowingly continue punishing my husband and my son for loving me, an Alien who once stumbled while attempting to survive in the U.S..

    I�m afraid to imagine how many individuals involved in cases like my family�s and mine go on thinking that the U.S. is a bad country for having the audacity to pass judgment on them. I�ve had to believe there�s a glitch somewhere in immigration law caused by simple human error. I can�t accept that the U.S. I grew to know as a loving, Christian country with caring values is intentionally causing my loved ones and I grief. It goes without saying that as much as the United States has a duty to protect its citizens it also has a duty to be equally diplomatic toward foreigners and not continue persecuting the one or the other long after any condemning sentence has been exacted and executed. I know the United States of America will do right by my son, my husband, me, and the rest of its citizens and foreign nationals in our predicament.

    We want the 212(d)(3) Non-Immigrant Visas Waiver made into an Immigrant Visas Waiver for Immediate Relatives of U.S. Citizens to make sure United States citizens receive competent protection from the Department of Homeland Security and adequate protection from the United States of America.

    My husband and son believe a Waiver should be available to me and I believe their Freedom Of Belief civil liberty is being violated because their belief is being discriminated against. My needs are being placed before their own. I am not able to immigrate to the U.S. because immigration law doesn�t allow me a Waiver enabling my husband or son to claim me successfully. If I had a Waiver available to me they wouldn�t have to be at this crossroads making their case public in the courts, therefore their Right To Privacy is also being violated as a result of their belief being discriminated against. I couldn�t live with myself if I don�t speak out, they�re attempting to do the same for me. We don�t want to cause any problems, we just want to move on with our lives.





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  • shx
    04-10 03:05 AM
    I've been a consultant for 5 years now, worked for 5 different clients, and was without work for just 4 days so far. If consulting companies are banned, it means that I will steal the job of one of you permanent employees.

    People do hire me as a contractor and pay me big bucks for a reason. The only way I can choose what I want to do when I am still on H1b, is to work for a consulting company.

    I know a lot of mediocre people, afraid of not being able to find the next contract, end up in a boring permanent job. May be they like it too.

    Don't get offended. You need to see the other angles too. I showed you one.





    desijackass
    07-13 06:44 PM
    i think its great that you made a contribution as soon as you got your green card. Most people would have just removed themselves from this forum and not bothered. Thank you.





    srinithati
    05-30 12:08 AM
    Done, Left comment too.

    Admins..
    Can we have action item to vote on this poll.

    100000 Votes, will make every body at Washington sit and notice this bill.


    go "100K Votes" Drive.




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