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  • pappu
    07-13 01:53 PM
    Congratulations on your greencard approval.





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  • akv123
    07-13 06:40 PM
    I read, "why should I support if I am not affected or benefited". This level of selfishness surprises me (or considering average human nature, should not surprise me). Support is for the 'cause' not for the 'outcome' or its direct 'benefits'. If you believe in the cause, go and support; if not, go and oppose.

    I read that most would-be immigrants are differentiating themselves as an 'illigal' or a 'legal' immigrant. People are forgetting that legal or illegal both are immigrant and want to have a better life for themselves or for their family compare to what their own country have to offer to them. Where is the difference - look deep into your heart - difference is one has some additional pieces of papers while other does not. Stop differentiating! Start uniting and fight for the justice.

    So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?





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  • 485Mbe4001
    12-12 04:08 PM
    http://www.numbersusa.com/text?ID=1049 as explained by our friends across the aisle...

    IMO, EB3 will still be slow and get slower, unless there is a significant change...

    What's the significance of April 30 barrier.





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  • Winner
    01-04 02:45 PM
    I had a good laugh once I started reading the posts .. liked the fun .. and comments from members ... the H4 & F2 was good .. so L2 and F2 are in same category??? :D :D :D :D :D :D :D :D :D :D :D :D :D :D

    Does USCIS grant a H0(HZERO) Visa? I'm sure many will be intrested in that :)



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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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  • emulux
    12-29 01:38 AM
    I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)

    Anyhow, I still think it merits a deeper investigation and consultation with attorneys.



    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.



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  • smsthss
    06-12 09:52 AM
    what would happen after the hearing? where does it go next?





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  • nk2006
    05-22 04:30 PM
    Seems like everyone losing hope including core - as someone else said above its really sad to see this. Please dont lose hope at this critical moment else all of our efforts for last two years will go waste.

    I cant imagine how much time/effort has been put into this effort by core members (as a relatively inactive member I myself could have easily spent several hundred hours on these forums in last year and half; and atleast some time in calling/faxing etc.). After all these efforts and seeing the current bill its understandable to get deeply disappointed. But dont lose hope yet. Its not over.

    Logiclife - coming this from you really shook me. At one point you were so confident that having our measures in any future CIR is but gauranteed - we thought its just a matter of time. All of us were also thinking that we are in a better position to introduce and enact amendments in this congress. We still have time (2 weeks) for amendments - why are we thinking about alternate arrangements and slowly losing hope. Does this show our level of confidence now or this thread is meant for some light hearted fun?



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  • kate123
    06-01 11:43 AM
    Done.
    -Thanks.





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  • morchu
    07-20 01:22 AM
    Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.

    Coming to the point.

    Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.

    Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.

    Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).

    Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.

    It is all upto you still, the choices.
    We all make some choices like this at some point in life.

    -Morchu

    Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.



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  • kshitijnt
    11-12 09:04 PM
    You may be able lodge a complaint at your district attorneys office. you have to find your local DA's details. If you are from one of the coasts the chances of your DA's office having a section for immigration related complaints is high.

    I agree. You should contact the office of the district attorney and ask for help prosecuting your employer for financial fraud. Also change your job immediately to avoid any further trouble.

    By law your employer can not fire you for being a whistleblower but since he is an unethical moron, he can stoop to any level





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  • coloniel60
    08-16 01:41 PM
    I work with corporate lawyers everyday, and yes they are very smart. However, immigration lawyers are the bottom of the barrel.

    Being smart and cheating people doesn't have to be exclusive. They can go hand in hand.



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  • Macaca
    09-03 08:38 AM
    over the next over the next 75 years, new legal immigrants entering the United States will provide a net benefit of $611 billion in present value to America�s Social Security system, according to official Social Security Administration data.

    Over 50 years, new legal immigrants entering the United States will provide a net benefit of $506 billion in present value to America�s Social Security system.
    The 2004 Trustees Report, utilizing the intermediate projections, assumes an annual level of 800,000 legal immigrants and 200,000 emigrants (people who leave the U.S. legal immigrant population) for a net level of 600,000 per year. The Trustees Report also assumes a net level of 300,000 annually for �other immigration� (illegal immigration).
    The average age for those settling here as part of this �other immigration� each year is 21 years for men and 22 years for women, which is younger than for legal immigrants. The SSA�s Chief Actuary Office analysis discussed here assumed no change in illegal immigration, though it notes that it is possible that illegal immigration could increase in response to legal immigration cutbacks, which could �partly offset� the negative effect of legal immigration reductions.

    Federal Reserve Bank Chairman Alan Greenspan has pointed out the important role that immigration can play in addressing Social Security. In February 2003 testimony before the Senate Special Committee on Aging, Greenspan stated, �The aging of the population in the United States will have significant effects on our fiscal situation. In particular it makes our Social Security and Medicare programs unsustainable in the longrun, short of a major increase in immigration rates, a dramatic acceleration in productivity growth well beyond historical experience, a significant increase in the age of eligibility for benefits, or the use of general revenues to fund benefits.�
    More recently, Chairman Greenspan noted the advantageous position of the United States versus the more rapidly aging populations of Europe and Japan. While between 2000 and 2030 the number of working age adults will decline in Italy (-19%), Japan (-15.8%), and Germany (-15.1%), the working age adult population will increase by 18.9% in the United States over that period due primarily to immigration. In concluding his August 27, 2004 speech at a symposium sponsored by the Federal Reserve Bank of Kansas, Greenspan said, �Aside from the comparatively lesser depth of required adjustment, our open labor markets should respond more easily to the changing needs and abilities of our population; our capital markets should allow for the creation and rapid adoption of new labor-saving technologies, and our open society should be receptive to immigrants. These supports should help us adjust to the inexorabilities of an aging population. Nonetheless, tough policy choices lie ahead.�





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  • dummgelauft
    11-04 12:08 PM
    Coming soon..Rated R, for SCARY IMAGES....will make EVERYONE cry!!
    Playing on a computer screen near you!!!.....

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  • heywhat
    05-30 02:04 AM
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  • sanz
    05-11 12:28 PM
    agree with black tongue... at least we are much better than their scenario



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  • nrk
    10-26 10:49 PM
    Thanks i will talk to the attorney tomorrow and take an info pass accordingly.

    Take an infopass appt ASAP.

    The officer in the local USCIS office will be able to give more details about your case.





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  • makemygc
    08-21 10:18 AM
    Office of Inspector General, they investigate all Labor Frauds

    Can you reveal the name of this employer?





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  • diptam
    07-28 07:59 AM
    Boss,
    He/she explained the actual thing later on at Murthy forum ....

    #####
    nisars
    Member posted July 27, 2007 09:50 AM
    --------------------------------------------------------------------------------
    here are the answers...

    Here are the answers...

    When did you receive the receipt notice?
    Yesterday from my Lawyer.

    Did your checks get cleared?
    I believe YES, required checks were issue from the law firm's account, No personal.

    What was your receipt date on the notice?
    Receipt Date is July 09th (I confirmed Online).

    Thanks,
    NisarS
    ######




    what is this? there are delivered date and received date with received date before the delivered date. How can they receive before the delivery. Hmmm Did USCIS guys ran early morning 4 O Clock to UPS/ FED-EX/ ETC to receive the app before those guys attempted to deliver :) Even if someone says, "YES", there was 6 days difference between those two days. No idea what USCIS is doing.

    Got Receipt

    Application Received on : 07/03/2007
    Agency : Nebraska
    Status : Delivered on 07/09/2007
    Case: EB3-India Jan 2004
    Returned/Rejected : Accepted, got Receipt # LIN xxx-xxx-xxxx.





    kc_p21
    02-25 06:15 PM
    I did see LUD on 2/24/09 for my I485 application. But there is no activity on my wife's application even though they had received it on the same day.





    marwan234
    10-03 10:12 PM
    Why CSC WHYYYYY??? :(
    You gave me EAD, you gave me AP, you gave me receipts......why did you put me back at the mercy of NSC again? WHYYY? you knew they suck!!!
    No FP yet for me or my wife. Been calling CIS.....feels like talking to a wall.
    I guess we CSC transferees are DOOMED!!!
    There shall be light at the end of the tunnel....or it could just be an incoming train :-)



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