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  • mybid2003
    11-18 04:28 PM
    I am still waiting for my FP. :-(





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  • desigirl
    01-28 12:02 PM
    Immigration fraud: Indian consulate comes to rescue duped students in US - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/immigration-fraud-indian-consulate-comes-to-rescue-duped-students-in-us/articleshow/7375819.cms)





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  • cse_us
    07-24 04:57 PM
    Here's update on my cases

    Self e-filed: May 30, 2008
    FP: Jun 25, 2008
    Card prod ordered: July 23, 2008
    EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007

    Will post about duration as soon as I get the cards in hand.

    I Efiled mine on may 19th, FP on jul 3rd, no update yet.
    Efiled my wife's EAD on may 30th, FP on jun 24th, Card prod ordered July 23rd.

    We are currently working on EADs which expire on 30th Aug.
    Am worried if I will have the card by then or not.
    If i dont have the approval by aug 19th, I am planning to take Infopass for the interim EAD.

    It sucks to see they dont follow FIFO or atleast close to FIFO, so much variation as some june filers received card in june itself.

    Jul 2nd filer, EB2 - PD Apr 2007





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  • chakalov
    08-01 12:17 PM
    Guys give it a couple of days. You'll start getting the receipts soon. Yes they are working on July 2 plus before July 2 mail. In another couple of days all their personnel will be working full time on the hundreds of thousands applications mailed in July. So be patient. It will happen....



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  • buehler
    08-22 10:18 AM
    Murthy or Oh or Carl Shusterman or Greg Siskind will have the contents in their website soon.





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  • amitjoey
    03-23 12:19 PM
    I have mailed asking for the meeting info. I will meet the local lawmakers.

    Arun, I will PM you. I am ready to go with you. I am from Northern California.



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  • lazycis
    12-18 02:41 PM
    Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
    Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:

    "Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.





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  • NKR
    02-12 09:54 AM
    It's UNJUST(ified) business



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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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  • chanduv23
    12-21 01:13 PM
    Recently a friend of mine visited us in Houston and the purpose of his visit was that he surrendered his passports after getting his American Citizenship and waiting for the surrender certificate. He has been waiting for 2 months and still no luck. I am wondering why processing a surrender certificate takes such a long time?
    I think that there is no proper process or people are not implementing it properly.

    There is no point in fuming over these issues. These have to be resolved and I think that if there are enough people having issues and deal with it, we must do something about it.

    As the first step, it would be a great idea to write a list of issues that we all face collectively. The issue must be genuine and real without looking at the emotional angle or with attitude. Do we want to do something to fix these issues?



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  • anilsal
    07-27 06:08 PM
    Man u guys are faaaaaaaaaaaast!!!!

    BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!

    I would love to see your contribution trail in your signature.





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  • ndny
    07-25 02:32 PM
    go to top ..please



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  • abhijitp
    07-06 02:18 PM
    We need someone to youtube this and help with the media campaign!
    And then we can try to make it one of the most watched videos-- provided of course that the coverage shows legal immigrants in good light.





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  • shana04
    02-15 02:25 PM
    I have noticed soft LUD's on all receipts including I140, H1B with all other receipts (485, EAD and AP) for my self and my spouse after using AC21 with H1B transfer.

    Not received FP yet and did not call Service center for it.

    Any clues? or any experienced the same.

    I have notice one more soft LUD on new I 129. I don't know whats going on.

    Any one with same or similar experience?



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  • Tito_ortiz
    11-17 10:58 AM
    Great. I wish I had an employer like that !


    I was denied life insurance by Erie based on my non-immigrant status. However, my employer found an alternative insurance company that did not mind my non-immigrant status - but of course charged a premium for the "added risk caused by foreign citizenship and increased possibility of foreign travel".





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  • veereddy
    07-13 04:32 PM
    Congratulations, your long journey was inspirational to stay positive. Thank you!



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  • wahwah
    06-05 12:03 PM
    HQPRD 70/6.2.8-P
    Michael Aytes
    Acting Director of Domestic Operations
    December 27, 2005


    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)

    I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?


    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above

    Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.





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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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  • regacct
    04-14 01:13 PM
    I thought immigration issues were the responsibility of federal govt. Can states pass immigration laws? Whether it is unauthorized aliens or otherwise?

    if the states can take actions, why are we banging our heads with the fed?





    sanjeev_2004
    05-31 01:11 AM
    Hi ,
    I sent i140 papers and money in feb 2007 to my company. in april i went to india and came back in May. in May when i asked the recieved number of i 140 filing to my company then they told me to wait for 2 week and after 2 week when they gave me recpt number, i checked online i saw following message.

    "
    Current Status: Case received and pending.

    On May 16, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. ..................
    "

    looks like my company sent paper to USCIS in may not in march or april. is that currect? is the USCIS receipt date is the i140 filing date and gc cut off date if CIR bill passes? please throw some light on this.

    Thanks.





    vadicherla
    11-25 08:01 PM
    Thanks Pappu



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