Soul
02-07 09:17 AM
Hey Kit, at work?
Who did you vote for? :moustache
- Soul :goatee:
Who did you vote for? :moustache
- Soul :goatee:
wallpaper Now add Avril Lavigne
chanduv23
08-31 08:32 PM
I have now stopped getting phone calls from friends, when I call them they talk to me but divert the topic when I talk about the rally. Many of these people are in real tough situations facing layoffs etc.... but still just do not want to talk about it.
Immigrants are now turning out to be anti immigrants?
A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?
It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.
Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.
Immigrants are now turning out to be anti immigrants?
A human being can resist himself to such an extent that he starts fighting his own people who want to help him and blindly supports the opposition due to fear?
It all depends on where you come from and how you are raised. On one side we have people who can motivate themselves and can be pushed to any extent, at one stage they seem to start moving mountains - whereas we have these immigrants who have turned anti immigrant just due to excessive fear and anxiety.
Tri State members have been most disappointing. Very few self motivated members worked day and night and are getting tired, but not losing hope. Majority of members not coming forward at all.
qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
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.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
2011 Avril Lavigne Big Hair Bends
gk_2000
07-29 01:57 AM
Just listened to it from home.
God help us if such ignoramuses are at the helm of decisionmaking
God help us if such ignoramuses are at the helm of decisionmaking
more...
gconmymind
10-11 04:43 PM
This situation is really bad. There are so many people who missed the deadline as their labor was stuck in BEC. USCIS should at least allow a one-time chance (like July 2nd) for such people to file 485. I was lucky to clear the labor stage earlier this year.
walking_dude
11-21 12:14 PM
I don't know how many of you have actually visited DC offices and spoken to Congressional Office staff in person (not just sending E-mails or letters). I have been there, and done that. And I intend to continue to do that for myself, my family and the community..
Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.
The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!
Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.
We don't have any magic spells or potions in our pockets. We need your help to succeed.
Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.
The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!
Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.
We don't have any magic spells or potions in our pockets. We need your help to succeed.
more...
perm2gc
12-29 07:28 PM
Hello all...
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
being on H4 for the past 4yrs scenario...?
what are the chances of the H1b approval being 4yrs on h4...? as in how strong is the resume being..?
will they question about the past 2 yrs of H1 status...asking cos I was dint work for a while as I dint get a project..?
converting to H1 in such a situation, will this be risky and asking for trouble..?
They may look at your H1B record.The approval depends on the officer who handles in your case.Contact a good immigration attorney.
2010 Do You Like It? Color, Avril
hindu_king
06-01 09:21 AM
When is this going for voting?
more...
undertaker
05-17 06:26 AM
What is the white man's (Europeans and others) visa to America then? I don't see any other ways people can come here on the same conditions as the H-1B visa.
Lol, it happens to be no visa!Most Europeans don't need a visa to get in this country and if they want to, they just stay back.....since they are are the same color as the majority they do not caste doubts or suspicions as much as the 'brown man' does....I don't think the majority of European immigrants to America came with any papers whatsoever......and lets not forget that before '65 race-based immigration was the policy.
Lol, it happens to be no visa!Most Europeans don't need a visa to get in this country and if they want to, they just stay back.....since they are are the same color as the majority they do not caste doubts or suspicions as much as the 'brown man' does....I don't think the majority of European immigrants to America came with any papers whatsoever......and lets not forget that before '65 race-based immigration was the policy.
hair Hats and Hair Accessories,
adibhatla
06-24 03:54 PM
On Friday, Obama Press Secretary Robert Gibbs officially announced that the President was scheduled to call a small group of Congressional leaders and political leaders to the White House to open a dialogue on CIR next Thursday, 06/25/2009. Troublesome was another statement that recognizes the facts by the Press Secretary at the same press conference that the Congress did not have enough numbers to pass a CIR legislation. As we reported earlier, for a CIR to pass the Congress, it should pass both the Senate and the House. However, it is the House that lacks enough numbers at this time to pass a CIR legislation this year. There are a plenty of House legislators who represent districts that are politically not affected by the Hispanic population and their political pressures. These legislators usually form a group of Democratic represenstives who are either conservative and middle of the road in the political ideology. The situation tends to be different when it comes to the Senate that is consisted of legislators based on their statewide consistuencies as opposed to the House representatives that represent small neighborhood and district constituencies. The Senators' decisions are thus derived more from broader national political or statewide political issues and interests of the whole party. For this reasons, for the past several years, the Senate initiated and was able to pass CIR bills which have ended up in the ditch when it moved to the House floor. The background behind the Press Secretary's announcement downplaying the potential success of CIR within this year is their motivation to control unrealistic rise of expectation in the CIR supporting community on the President's initiatives that can also end up in another ditch with potential negative political fall-outs to his political leadership. The current politcal landscape and environment then raise two questions. The first question is whether the President and the Democratic Congress will have enough energy and zeal to successfuly change the existing political landscape, particularly in the House of Representatives, within such a limited time within this year. The Congress will soon go into the Summer recess and the remaining legislative days in the Congressional calendar for 2009 are very limited. The second question is why then Senate Majority leader, Sen. Harry Reid, has been spinning in media on his agenda to take up a CIR bill this fall with the full realization of political reality that can be ditched again in the House. It appears that part of such spinning is related to his own political future. His seat in the Senate will be up for reelection in the national mid-term election in 2010 and he needs a strong support from the Hispanic constituency in the State of Nevada. The Hispanic population has been rapidly growing durng the past several years in the State of Nevada. His push for a CIR will achieve his political calculation, no matter whether the bill will pass or fail in the Senate. Again, the chance for a CIR passing the Senate in 2009 is indeed very good as the chance for Senate Democrats pulling together 60 votes may turn realistic, particularly as affected by the final result of the current Senate election dispute in the State of Minnesota. In the very near future, the Minnesota Supreme Court is likely to hand down a decision sustaining the election of Mr. Al Franken, a progressive Democrat, as the next Senator, over the conservative former(?) Senator Norm Coleman. For the discussion per se, let's assume that the CIR fails to pass either in the Senate or in the House. The Senator Harry Reid will still get all the credits in his Hispanic constituency in the State of Nevada for his initiatives in the Senate to legislate a CIR!
All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.
All in all, year 2009 will turn out to be the only year that can pass a CIR because this is a so-called leap-year when there is no national reelection and the House members will be less affected by their activities this year. The key is whether the President Obama will have enough energy, steam, and polical motive to make a full-court pressing and arm-twisting of the conservative Democratic members in the House within a "very" short period of time, within this Summer or early fall at the latest. Currently, his and Democrats' top two reform agenda stay with the nation's health care and energy reforms. Until we see such full dedication and commitment of the President to the CIR within a given time, one should not raise the level of his/her hope or expectation too high as it will indeed bring out really devastating frustration and hopelessness in 2010 in that considering the November 2010 mid-year election, the chance for CIR next year will turn out to be very slim because of the rerunnng Democrats in the election from small districts that are not affected by the Hispanic political pressures. Until we see such solid momentum and heat of passion on the part of the President leading to quick actions in the near future, all the media campaign and spinning of news by the White House and the Senator Reid may have to be taken with caution and discount.
more...
vin13
06-24 03:17 PM
Source:Immigration reformers press WH - First Read - msnbc.com (http://firstread.msnbc.msn.com/archive/2009/06/24/1976186.aspx)
From NBC's Mark Murray
In advance of President Obama's meeting tomorrow to discuss immigration reform with congressional Democrats and Republicans, immigration advocates held a conference call today with reporters, urging the Obama administration to make immigration a priority -- this year.
Bishop Jaime Soto of Sacramento said that tomorrow's meeting will tell them whether the White House is serious about enacting comprehensive immigration reform or whether it's timid. "Delaying immigration reform will be a mistake," he said, arguing that the country can no longer accept the status quo.
Tamar Jacoby, president and CEO of ImmigrationWorks USA, added that when the economy begins to recover, employers will need immigrant labor. "This is the time to do it. This is the time to start preparing for the economic recovery."
Frank Sharry, executive director of America's Voice, said it was smart policy and smart politics to take up immigration reform. He noted that Obama was elected in no small part because independent voters thought he and the Democrats were best able to find solutions to challenging problems like immigration. He also said Republicans "will have a huge price to pay" if they are seen as blocking immigration reform and scapegoating immigrants and Latinos.
Asked about Robert Gibbs' recent comment that the "math" might be against immigration reform this year, Sharry replied, "When it comes to counting votes in the U.S. Congress, we tend to look to Harry Reid before Robert Gibbs."
Senate Majority Leader Reid, per Sharry, has said that the votes are there
From NBC's Mark Murray
In advance of President Obama's meeting tomorrow to discuss immigration reform with congressional Democrats and Republicans, immigration advocates held a conference call today with reporters, urging the Obama administration to make immigration a priority -- this year.
Bishop Jaime Soto of Sacramento said that tomorrow's meeting will tell them whether the White House is serious about enacting comprehensive immigration reform or whether it's timid. "Delaying immigration reform will be a mistake," he said, arguing that the country can no longer accept the status quo.
Tamar Jacoby, president and CEO of ImmigrationWorks USA, added that when the economy begins to recover, employers will need immigrant labor. "This is the time to do it. This is the time to start preparing for the economic recovery."
Frank Sharry, executive director of America's Voice, said it was smart policy and smart politics to take up immigration reform. He noted that Obama was elected in no small part because independent voters thought he and the Democrats were best able to find solutions to challenging problems like immigration. He also said Republicans "will have a huge price to pay" if they are seen as blocking immigration reform and scapegoating immigrants and Latinos.
Asked about Robert Gibbs' recent comment that the "math" might be against immigration reform this year, Sharry replied, "When it comes to counting votes in the U.S. Congress, we tend to look to Harry Reid before Robert Gibbs."
Senate Majority Leader Reid, per Sharry, has said that the votes are there
hot Avril Lavigne,
GCOP
07-13 01:56 PM
Congratulations on Getting the GC. You really deserve it after such a long journey.Thanks for your support to IV and IV Members.
more...
house Avril Lavigne#39;s pink hair
zbd
01-03 09:43 PM
feel that is shame to tell, but you need to speak out... What to do ?
Is your selffriend produce high tech for modern life ? Tell him to get a fe for himself looking around the world. It's better than 4 though
Is your selffriend produce high tech for modern life ? Tell him to get a fe for himself looking around the world. It's better than 4 though
tattoo with golden londe hair,
hopefulgc
07-26 12:06 AM
I think he would want to see a locksmith to get the damaged "lever" rectified before he sees a doctor lest someone should compromise the lock and break in while he is away to see the doctor.
sorry i couldn't resist... all in the name of humor!:D
While a pray for your "lever"....i will suggest u see a doctor asap!!!
And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!
sorry i couldn't resist... all in the name of humor!:D
While a pray for your "lever"....i will suggest u see a doctor asap!!!
And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!
more...
pictures Avril Lavigne - photos
jonty_11
07-13 04:47 PM
Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT
dresses down with londe hair,
svr_76
03-11 07:28 PM
Consulate officers and immigration officers at port of entry are two different categories including their education background, training etc...dont compare them. Consulate officers are first line of defence which has to be good at detecting problems.
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
I have no interest in your employment setup...question is -Are you paid while you are on vacation or [off project and still in this country]. And Whether that would be treated as valid employment for H1 candidate by the book of law.
If employees are not reporting fraud commited by employer because the employee want to come to US..then they are party to the fraud and hence Consulate are trying to ensure that valid employments are allowed.
If they have comeup with some requirements it would have been based on analysis of fraud reported by USCIS's H1B program itself + ICS raids + others.....
If the H1 petition says your annual salary is X and your W2 show less than that how do you explain it? It implies either your were out of work or paid-less than promised which implies that there is a potential of employer committing a fraud....
with me?
more...
makeup BASE - Avril Lavigne
ek_bechara
07-08 07:17 PM
I'm going to say this once more. As much as we try, we cannot bring the Indian community under one umbrella to act together. It's a pipe dream and not achievable. I've experienced every possible Indian specimen there is in the Bay Area. Indian community in US can NEVER be like the jewish or hispanic community. What we need is representation in the corridor of power (AKA Congress/ Senate), period. No number of phone calls from mere mortals like us will equate to one phone call from big-wigs such as Vinod Khosla or Indra Nooyi.
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
If you are wondering if I have done anything, here's my contribution.
I approached the CEO of my company to raise my concern. My CEO was graceful and said that the government relations team in my org was already working in Washington D.C to address retrogression issues. I was given an internal point of contact who briefed me on the effort. Call it their need or greed, the "white man" seems to be more helpful in this regard.
girlfriend Avril Lavigne Long Blonde Wavy
paskal
12-20 11:41 PM
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/20/AR2006122001910.html
both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
wonder if they might be interested in something like this.......
both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
wonder if they might be interested in something like this.......
hairstyles hair blonde..her
pappu
03-23 10:21 AM
please also look at your respective state chapter threads
http://immigrationvoice.org/forum/forumdisplay.php?f=17
and send messages to all members in your state chapter threads requesting them to join you in meetings.
If you don't get anyone, then take appointments yourself anyways without delay. Once you get the appointment, try to find more people in your state to come with you. If not go there yourselves equipped with all the information Varsha and Sanjay have provided. Each member meeting is very important to the overall success of this community.
http://immigrationvoice.org/forum/forumdisplay.php?f=17
and send messages to all members in your state chapter threads requesting them to join you in meetings.
If you don't get anyone, then take appointments yourself anyways without delay. Once you get the appointment, try to find more people in your state to come with you. If not go there yourselves equipped with all the information Varsha and Sanjay have provided. Each member meeting is very important to the overall success of this community.
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.
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.
jahnavi
06-20 12:15 PM
Hi,
I just received e-mail notice saying that my case is approved.Seems like they started approving ..
PD:04/2003
I485 & I-140 RD:11/2003
Thanks
I just received e-mail notice saying that my case is approved.Seems like they started approving ..
PD:04/2003
I485 & I-140 RD:11/2003
Thanks
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