nozerd
12-26 02:04 PM
Customer Service creates a service request and send just standard off the shelf letter saying wait we are processing your case. The letters used to say 3 months but now sayd 6 months.
I think a lot of ppl in this forum are under the misunderstanding that once their date becomes current they will get Green Card soon. That is reaslly not true and once your date becomes current its just another battle all over again.
Some ides that I have heard work are
1) Calling congressman/senator and asking them to help your case.
2) Writing to Ombudsman.
Since no one in America does much of anything in December I am planning to start trying with congressmans office in mid Jan. I have to do something and try - I cant keep sitting hands folded. Or they will say quota is over before we know it - remember ROW is at 2005.
I think a lot of ppl in this forum are under the misunderstanding that once their date becomes current they will get Green Card soon. That is reaslly not true and once your date becomes current its just another battle all over again.
Some ides that I have heard work are
1) Calling congressman/senator and asking them to help your case.
2) Writing to Ombudsman.
Since no one in America does much of anything in December I am planning to start trying with congressmans office in mid Jan. I have to do something and try - I cant keep sitting hands folded. Or they will say quota is over before we know it - remember ROW is at 2005.
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laborchic
09-19 03:11 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Anna 35: You are not serious are you?? You wanted to hand out IV Rally fliers to Congressmen and them to hand you out your greencard.??
Its hardly 24 hours since the rally is over..
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Anna 35: You are not serious are you?? You wanted to hand out IV Rally fliers to Congressmen and them to hand you out your greencard.??
Its hardly 24 hours since the rally is over..
WeShallOvercome
06-17 07:28 PM
LC applied : Dec'2003
Approved : July' 2006
I-485 RD : July' 2007
I-485 AD : Nov'2007
- How has greencard changed your life after receiving it?
A cautious sense of freedom. Suddenly a lot more opportunities opened up and more employers started to show interest. My Desi employer is suddenly on the receiving end and I dictate the terms. Yes, Still workiing with them after 6 months, but that was my own decision to stick with them. Leaving them next month for a 50% raise in salary :)
- What did you do on the day you received it?
I got up at 7:00 that morning of Dec 3rd, (starting dec 3rd my date was not current anymore) , still half asleep, checked my email and got the shock of my life --"Welcome notice sent..." checked it multiple times then woke up my wife and almost dragged her to the computer and made her read the emails with half closed eyes... Our town recieved record rainfall that day and all streets got flooded, so no work :) Went to a Thai place for dinner that night with another family who are very close friend of ours.
-How did the long wait upset your life?
The feeling of uncertanity was terrible. Had to deal with the employer on a daily basis. They sat on my paperwork for 6 weeks, made me sign a million agreements and still did not file my case in June even though my date was current. I was devastated on the morning of July 2nd and rest is very well known to everyone here.
-How did immigrationvoice help you during this long wait?
What can I say? IV took me from what I mentioned in my last point to where I am right now - Waiting for my paycheck with 50% more and above that without any doubts about it coming :)
- Would you like to continue your support to immigration voice and help others waiting?
YES - Or I wouldn' be here 6 months after gettting my GC. Sent another contribution of $50 today.(Paypal Transaction ID #23M509897Y2455252)
- Any advice for everyone?
Have faith in yourself and God. and remember whatever happens , happens for the best.. Even We agree that the GC came at the right time for us. My wife got to spend 100% of her time with our daughter until she was ready to go to a pre-school. And we got a very good friend during the DC rally.. Hello EB3Retro ! :)
Approved : July' 2006
I-485 RD : July' 2007
I-485 AD : Nov'2007
- How has greencard changed your life after receiving it?
A cautious sense of freedom. Suddenly a lot more opportunities opened up and more employers started to show interest. My Desi employer is suddenly on the receiving end and I dictate the terms. Yes, Still workiing with them after 6 months, but that was my own decision to stick with them. Leaving them next month for a 50% raise in salary :)
- What did you do on the day you received it?
I got up at 7:00 that morning of Dec 3rd, (starting dec 3rd my date was not current anymore) , still half asleep, checked my email and got the shock of my life --"Welcome notice sent..." checked it multiple times then woke up my wife and almost dragged her to the computer and made her read the emails with half closed eyes... Our town recieved record rainfall that day and all streets got flooded, so no work :) Went to a Thai place for dinner that night with another family who are very close friend of ours.
-How did the long wait upset your life?
The feeling of uncertanity was terrible. Had to deal with the employer on a daily basis. They sat on my paperwork for 6 weeks, made me sign a million agreements and still did not file my case in June even though my date was current. I was devastated on the morning of July 2nd and rest is very well known to everyone here.
-How did immigrationvoice help you during this long wait?
What can I say? IV took me from what I mentioned in my last point to where I am right now - Waiting for my paycheck with 50% more and above that without any doubts about it coming :)
- Would you like to continue your support to immigration voice and help others waiting?
YES - Or I wouldn' be here 6 months after gettting my GC. Sent another contribution of $50 today.(Paypal Transaction ID #23M509897Y2455252)
- Any advice for everyone?
Have faith in yourself and God. and remember whatever happens , happens for the best.. Even We agree that the GC came at the right time for us. My wife got to spend 100% of her time with our daughter until she was ready to go to a pre-school. And we got a very good friend during the DC rally.. Hello EB3Retro ! :)
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plassey
08-23 12:11 PM
Yes sir, I do. I am suffering for 8 years now because of all these stupid USCIS rules. They think that by changing name from INS to USCIS things will change. Well, got a news for all, it is in worst shape than ever.
So far as you are concerned sir, are planning on joining us or not.
I don't think you get a sense of his problem, even though you claim you do...you are in fact beating a dead horse...I got your point regarding IV's efforts, and am not disputing that one bit, but at the same time when someone posts a valid concern/issue that they have, it doesn't hurt to have some empathy....I'm sure you wouldn't be too happy if you were in their place....
So far as you are concerned sir, are planning on joining us or not.
I don't think you get a sense of his problem, even though you claim you do...you are in fact beating a dead horse...I got your point regarding IV's efforts, and am not disputing that one bit, but at the same time when someone posts a valid concern/issue that they have, it doesn't hurt to have some empathy....I'm sure you wouldn't be too happy if you were in their place....
more...
alias
04-02 07:22 PM
Thanks all for making it so easy to webfax.
alisa
03-26 12:07 AM
Bumping this thread up above the garbage.
more...
Ramba
04-13 05:21 PM
So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
Happy to hear that. You should have sued the law firm for million dollor for the damage they did and the mental torure/sleepless night that you experience, and split that money with IV. :)
Few more lessons are..
1. You should control over immigration papers. Some of the applications you must to do by your self like EAD, AP and infact 485 too.
2. If you want to terminate the lawyer representation of your application, you should write the withdrawl of representation letter to USCIS; not to the attorney. You may send a courtasy copy to the lawyer, to redirect any mail they recive from USCIS to you.
A recap of my situation:
Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!
It took me more than a month to find out the reason behind the withdrawal..trust me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and bleak..no one can help me.
Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.
I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand ;)*
The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.
I have registered to be a recurring contributing member and I intend to be an active member of this group.
My lessons from this crazy experience are:
- Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
- There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
- We need to strengthen IV in all ways we can, we need to be active.
- And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.
I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.
- Peace
ps:
Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.
Happy to hear that. You should have sued the law firm for million dollor for the damage they did and the mental torure/sleepless night that you experience, and split that money with IV. :)
Few more lessons are..
1. You should control over immigration papers. Some of the applications you must to do by your self like EAD, AP and infact 485 too.
2. If you want to terminate the lawyer representation of your application, you should write the withdrawl of representation letter to USCIS; not to the attorney. You may send a courtasy copy to the lawyer, to redirect any mail they recive from USCIS to you.
2010 i love you quotes pics.
desi485
10-10 06:08 PM
I have seen SWITCH ppl starving to SWITCH on H1B (rat-race) and its not without a reason.
more...
rockstart
04-21 10:08 AM
Sheila,
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
2+ 3 you are mentioning is where +3 = three year degree program like BSc / BCS/ BCom programs offered in India. Here I think we are discussing 3 year DIPLOMA program the eligiblity for which is 10th grade. After finishing this program in some universities you are waived 1st year coursework for the degree program in same field. So for regular people it is 10+2+4 to get a bachelors where as people taking the diploma route it is 10+3+3. So in this case of our friend his 10+3 is equivalent to completed only 1st year degree program. the +2 overlaps with what he has studied in +3 and the +1 in commerce will not be counted in coursework.
Anuj: What subject was your diploma was it a management diploma or engineering diploma? What was the eligiblity for the same? Was the institute reputed like does it have an entrance test? If yes do you know their acceptance rate? Might help in preparing a case
I see the problem with the 1+3 since that would be combining. The 2+3 usually gets accepted. However you just never know how things will go with USCIS.
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saileshdude
10-27 11:10 AM
nrk,
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
2) Do you have any case against you (ciminal or civil) in your home country?
3) Did you have any unlawful status of more than 6 months during your presence in US.
4) Do you have any case pending here?
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
These are just few things that may cause this.
Do update us what you find out after Infopass.
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
2) Do you have any case against you (ciminal or civil) in your home country?
3) Did you have any unlawful status of more than 6 months during your presence in US.
4) Do you have any case pending here?
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
These are just few things that may cause this.
Do update us what you find out after Infopass.
more...
ganguteli
04-19 03:33 PM
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
You joined today just to post this?
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
You joined today just to post this?
Dude you need to first fill your profile details and earn some credibility before you ask people to do something.
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GKBest
08-20 03:56 PM
This is really sad and very unethical. As my lawyer would put it, the I-140 is owned by the employer that's why he was hesitant at first to give me a copy. So I guess, your employer can do this. I think he knows that you won't have the gut to expose him since this will also put you in an awkward situation since you paid for your labor and I-140 which, strictly speaking, is against the immigration law.
Think of other ways to get even with him.
Think of other ways to get even with him.
more...
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yabadaba
06-05 09:36 AM
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
what does that have to do with anything?
the title of this thread is "Ron Gotcher's take on VB." Its what he thinks on a forum hosted by him.
a lot of these lawyers post "spicy messages." Its marketing in the 21st Century. He did not say that its grounds for a lawsuit, a reader of his forum asked him the question and he said he didnt know and the july bulletin would clarify things.
A majority of the attorneys dont do anything for the EB community. the few that do attend rallies or do the ask questions type of conference call arent really serving the community. They are doing the same thing that Gotcher is doing. I am not defending him by any means. i myself had issues with some of his posts that I feel were directed at getting more traffic to his website, but this thread was about his impression about the july bulletin. With the lack of interest at predicting VBs, this is at least something to discuss.
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
what does that have to do with anything?
the title of this thread is "Ron Gotcher's take on VB." Its what he thinks on a forum hosted by him.
a lot of these lawyers post "spicy messages." Its marketing in the 21st Century. He did not say that its grounds for a lawsuit, a reader of his forum asked him the question and he said he didnt know and the july bulletin would clarify things.
A majority of the attorneys dont do anything for the EB community. the few that do attend rallies or do the ask questions type of conference call arent really serving the community. They are doing the same thing that Gotcher is doing. I am not defending him by any means. i myself had issues with some of his posts that I feel were directed at getting more traffic to his website, but this thread was about his impression about the july bulletin. With the lack of interest at predicting VBs, this is at least something to discuss.
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abhisec
08-06 02:29 PM
I am not an expert in starting a poll - But I think it will help to take a headcount for /year PD basis.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
Esp. 2002,2003,2004,2005,Until June1,2006 cases. Proportion of which could serve as some kind of estimate - Can be cross checked with for sanity.
Amen to that. See my sig.
more...
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laborchic
09-19 03:11 PM
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Anna 35: You are not serious are you?? You wanted to hand out IV Rally fliers to Congressmen and them to hand you out your greencard.??
Its hardly 24 hours since the rally is over..
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Anna 35: You are not serious are you?? You wanted to hand out IV Rally fliers to Congressmen and them to hand you out your greencard.??
Its hardly 24 hours since the rally is over..
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gchetna
09-08 07:12 PM
When you change jobs after 485 Filing, is it necessary to change with an EAD or I can get an H1B transfer. I may get laid off, and EAD has not come yet and I don't have the time for EAD to come through. Can I transfer H1B while 485 is pending for less than 180 days without it affecting 485. I will make sure that job duties are similar and I am fairly certain that employer will not revoke I-140. My assumption if that I need to be working on H1B or EAD to maintain legal immigration status and there can't be any gap between the two employments.
more...
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yestogc
06-05 02:38 PM
As soon as you use EAD, you loose H1B status---------- so answer is NO
Howerver as an EAD you can do same
Howerver as an EAD you can do same
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bsbawa10
08-18 07:14 AM
After I heard from the Infopass IO that my case is all set and it is sitting in the NSC examination room, I have been trying my best to get my file to the attention of an IO at NSC. This is what I have done till now. Don't know if this would work. If not, what the heck?
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
1. Wrote to my state's senators
2. Wrote to Ombudsman
3. Wrote to my Congressman
4. Wrote to the President
5. Have opened a SR
6. My attorney is taking an Infopass appointment to see why it is stuck.
We 2004 guys are really out of luck. First BEC, then all these LC substitutions, July 2nd fiasco, and now this. Can't believe we got screwed in all the steps.
I also think the same way. Life is so much unjust. (USCIS adds to this injustice)
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mmj
04-22 10:34 AM
Thanks hiralal for keeping this thread going - Whats up people - This is the simplest thing that you can do for yourself.
bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways
bump up the thread ...or if you are a homeowner ..say that visa delays may cause your house to be foreclosed ..and this will add one more house in the huge inventory. either way faster legal immigration helps US in many ways
wcs
03-05 09:32 AM
Hello,
As we are aware that Immigrationvoice is going to send massive letters to Mr. President by saying broken immigration system.
Does anyone know that those letters already sent to white house or not? If yes, is there any reply from white house or not.
Please share it here.
As we are aware that Immigrationvoice is going to send massive letters to Mr. President by saying broken immigration system.
Does anyone know that those letters already sent to white house or not? If yes, is there any reply from white house or not.
Please share it here.
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.
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