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  • bkarnik
    11-28 03:42 PM
    In response to my query to my attorney about the FP notices see her response below. And this is from an Attorney with 20+ years of immigration law experience. Anybody else in the same boat??:(

    "I think we should wait. Yes, its been a while, but since is taking a long time for everyone, I think it just a backlog. Let's give it until after the first of the year. USCIS grinds nearly to a halt over the holidays.

    Also, I got call from Senator XXX' office. For reasons I can't even imagine, your file, in its entirety, despite transfer notices to the contrary, is at Lincoln, where it was originally submitted by us as required. Your wife's file, also originally submitted to Lincoln with yours, was sent to California per the transfer notice, but was NOT returned to Lincoln, remaining in California. All this shifting may be a part of the cause of the delay.

    After nearly 22 years in this field, and thinking I had pretty much seen it all, this is a new one."





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  • Madhuri
    02-14 03:57 PM
    Hi, our first set of APs are expired and we never renewed since we did not plan to go out of the US. Now we need to apply for new AP, is it possible to apply online or since w eMUSt apply by mail since we don't have a valid AP at present.

    Anybody in similar situation? Can somebody PM the cover letter to me?

    Thanks,
    Madhuri





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  • tikka
    07-02 05:01 PM
    and the end of the your post .. will help us when we begin counting

    thank you so much





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  • IneedAllGreen
    05-22 04:37 PM
    " Logiclife " is venting his agony for these LawJokers on what they comes up with " Bargain bill". I can understand his feeling because we all are in same boat. Just fight till it end...."It ain't end untill it end" Thats all.....



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  • logiclife
    12-13 04:17 PM
    AILA and all the immigration lawyers and many employers threw a hissy fit when DOL wanted to shut down labor substitution.

    They lobbied hard at DOL to allow the continuation of labor substitution. IV has tried to get DOL to eliminate labor substitution or at least make it such that the Priority date is not the labor filing date but the 140 filing date. Allow labor sub with PD = 140 filing date will solve the problem of cutting in line and getting ahead in an unfair manner. QGA helped to get our message to Eliane Chow, The Secretary of Labor Department. (http://www.whitehouse.gov/government/chao-bio.html)

    Unfortunately, the secretary of labor didnt oblige.

    These immig lawyers and AILA bombarded DOL with requests in favor of labor sub.





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  • ash0210
    12-04 05:37 PM
    Wow!!! if its so then its good!!!

    As per new SSN statement, I have around 80K in SSN and around same equal amount of Medicare money and wondering if we can take back home SSN money, what will happen to our Medicare money?

    Any News regarding Medicare money? can we take advantage of Medicare money in our country?


    If you move back to India permanently, you can take you social security money with you.



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  • raydhan
    04-01 04:31 PM
    Sent Fax# 10





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  • 24fps
    02-27 05:19 PM
    Well my friend, don't bring your pretentious "I'm-so-great-I'm-non-judgemental-oo-la-la" BS here. If we don't make it clear in our replies that we do not condone any actions that break the law, we are just making it easier for anti-immigration people to easily point fingers at us and claim we are all drug peddlers or criminal.

    I would urge more members here to reply to the OP that we at IV do not have any sympathy for people breaking the law.

    As for you, think before you type!

    With your history of getting rammed here i would avoid saying that if i was you,

    I agree with making it clear that we ( the forum members) condone actions breaking the law but there is a difference between telling the same to a person in a professional manner as against shoving our personal moralistic BS in their face.



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  • ashkam
    03-27 11:55 AM
    I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.

    Also, until you explain how an illegal intruder in a house doesn't qualify as a security threat, all your requests for logic smack of hypocrisy.





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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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  • h1techSlave
    11-30 01:20 PM
    The other bottleneck is USCIS' inefficiency, not a lack of visa numbers.

    If you go thru the statistics of last few years, the annual quota for EB is 140,000 + 80,000 from family other category.

    IV might want to convince us otherwise, but looking at the numbers, I do not see a shortage of visa numbers.

    Once the FBI Name Check delays issue is resolved, only thing that would be withholding your GCs will be insufficient Visa Numbers. IV is already working to recapture and increase those.





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  • logiclife
    02-28 08:02 PM
    Hi,

    Great job. Zoe Lofgren is very very very influential and key on immigration issues. Its great the you go an appointment with her.

    Others in Bay Area: Please join this guy so that you can be proud at the end of the day that you stood up for yourselves. If not for anything, for your own pride.

    --logiclife.



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  • Alabaman
    11-19 03:31 PM
    The best thing to ask for is a "time factor". If you have been in the US LEGALLY for a certain number of years (say 5 years), then you can apply for a Green Card (GC). That way people who have put some roots here over time will be able to become permanent residents. It also provides an incentive to immigrants to stay in status.

    Why should there be a time factor from "GC" to "Citizenship" and none from visas like H1 to "GC"? It doesnt make sense! After all, I would think it should be harder to become a Citizen than to becoming a GC holder.

    US should look up north to their Canadian neighbours for a good immigration system. A point system too would not be bad. It can determine how deep you have put down roots and then give you GC based on that.

    Take for example, someone educated in the US, has been working on H1B for 4 years and with three kids that are American Citizens, and posses two properties in the US. It doesnt make any sense for that person not be able to becomoe a PR. Infact if he loses his job today, he's shown the door... that same day.





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  • bkarnik
    04-10 08:29 PM
    Bee:

    Thanks for the link to the summary. But therein itself lies the solution. As you can see from the summary, the EAD eligibility in all cases explained above is in cases which does not impact the GC quota. Apparently, people against whom removal process is initiated is eligible to receive an EAD!!! Also, as you mentioned in your post, the CFR is not a law, it is an interpretation of law made by the agencies and the agencies are free to change the applicability, extension, conditions of eligibility for EAD as they seem fit. The reason is because COngress never foresaw these huge wait times when they passed the INA (in fact our FAQs make that pretty clear). I think if a little bit of persuasion is applied by the right people to the right places, we may just make this work. I agree with Raj, maybe we should take this a bit farther and see what develops.

    Another compelling reason for doing this is the fact that even if the CIR were to be passed, by the time the agencies develop their regulations we are easily looking at another 2 yrs plus before we see the effects of the CIR.

    I guess I am done on this topic. It was just a thought that I felt should be put out there for discussion.



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  • pady
    08-21 09:44 AM
    I guess this is wrong. I did talk to the OIG this morning and was told that this is a fraud and they can investigate the case





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  • aamirzeeshan
    01-11 02:40 PM
    I understand your situation as i was there once. If you dont have insurance than your options are very limited. if you live in dallas county parkland hospital is your only choice. Parkland has a network of several clinics around DFW area. Every clinic has financial assistance department. You can visit any of those and they will setup a payment plan which is reasonable based on your income. You will visit them for all prenatal care and when the time comes for delivery it will be taken to parkland. and parkland is a very good hospital as well. beside parkland several hospitals also offer cash plans like RHD memorial at 635 but they will charge you close to 4k just for delivery day and if its a normal one. you will have to do prenatal at your own.



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  • inthehole
    08-27 09:43 AM
    SC: Nebraska
    Renewal
    RD: 06/16
    FP: 07/11
    RFE 07/30
    RFE received 08/04
    RFE response sent and received by uscis 08/07
    Expedite request 08/15
    Expedite request accepted 08/19
    waiting...
    .
    .
    .
    .
    Current EAD expires Sep 26





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  • Soul
    02-07 09:37 AM
    Me too, love medieval! :) Probably something to do with our past lives heh :P

    - Soul :goatee:





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  • Jaime
    09-01 11:41 AM
    Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.

    Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!





    Kitiara
    02-07 09:44 AM
    Ah, the question is though, what were you? A good knight or an evil knight? :smirk:





    thomachan72
    05-17 10:52 AM
    Incidently the murthy deletes all your posts if you mention anything about immigrationvoice.com or immigration-law etc. May be they fear they will loose the business!!! Who will give them business anyway:D :rolleyes: :rolleyes:



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