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  • Berkeleybee
    04-10 08:24 PM
    Berkeley,

    I am of the opinion that issues such as 'allowing I-485 even if visa data not current' or 'allowing for application of EAD once I-140 approved' could be addressed by urging appropriate agencies to make changes to the existing regulations. As bharnik pointed out there is no effect on the visa numbers for the USCIS, by allowing this. While we fight and wait for legislation, this is a very good short-term relief.

    Is it possible for IV to brain-storm on this? and come up with an approach to address this, without having to go through the congress?..

    Please advise..

    Sincerely,
    Raj

    Raj,

    Allowing I-485 filing without visa numbers is not possible without changes in legislation -- that is why that provision had to be tacked on to S1932 and why it is included in the Brownback amendment. The same would be true for changing the CFR.

    best,
    Berkeleybee





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  • Almond
    11-03 01:37 PM
    I don't like the clickers who made me red (for no reason, thank you very much) but I love the clickers who made me green :o Thank you, Leo! ;)





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  • pani_6
    01-06 04:17 AM
    http://dallas.eknazar.com/Classifieds/product_desc.php?id=254085
    ;)





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  • downthedrain
    02-13 01:24 PM
    got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11



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  • senthil
    01-08 03:17 PM
    that lately any visa interview that has to be taken in india is no more bound to any consulate, especially if you are already been in usa. you are free to book web-appointment's in any of indian consulates to get it done.

    pl check respective sources / attorney to make sure before you decide.
    just my 2 cents to see if i can help you skip madras :-)

    i wld assume our friends here might have very valuable inputs regarding this.
    lets wait





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  • logiclife
    01-09 12:15 PM
    Is a divorced spouse entitled to COBRA coverage from their former spouses� group health plan?
    Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee�s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.

    Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA.

    If I waive COBRA coverage during the election period, can I still get coverage at a later date?
    If a qualified beneficiary waives COBRA coverage during the election period, he or she may revoke the waiver of coverage before the end of the election period. A beneficiary may then elect COBRA coverage. Then, the plan need only provide continuation coverage beginning on the date the waiver is revoked.

    Under COBRA, what benefits must be covered?
    Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). A change in the benefits under the plan for the active employees will also apply to qualified beneficiaries. Qualified beneficiaries must be allowed to make the same choices given to non-COBRA beneficiaries under the plan, such as during periods of open enrollment by the plan.

    When does COBRA coverage begin?
    COBRA coverage begins on the date that health care coverage would otherwise have been lost by reason of a qualifying event.

    How long does COBRA coverage last?
    COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage.

    Coverage begins on the date that coverage would otherwise have been lost by reason of a qualifying event and will end at the end of the maximum period. It may end earlier if:

    Premiums are not paid on a timely basis

    The employer ceases to maintain any group health plan

    After the COBRA election, coverage is obtained with another employer group health plan that does not contain any exclusion or limitation with respect to any pre-existing condition of such beneficiary. However, if other group health coverage is obtained prior to the COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    After the COBRA election, a beneficiary becomes entitled to Medicare benefits. However, if Medicare is obtained prior to COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.

    Although COBRA specifies certain periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods.

    Some plans allow participants and beneficiaries to convert group health coverage to an individual policy. If this option is generally available from the plan, a qualified beneficiary who pays for COBRA coverage must be given the option of converting to an individual policy at the end of the COBRA continuation coverage period. The option must be given to enroll in a conversion health plan within 180 days before COBRA coverage ends. The premium for a conversion policy may be more expensive than the premium of a group plan, and the conversion policy may provide a lower level of coverage. The conversion option, however, is not available if the beneficiary ends COBRA coverage before reaching the end of the maximum period of COBRA coverage.

    Who pays for COBRA coverage?
    Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus 2 percent for administrative costs.

    For qualified beneficiaries receiving the 11 month disability extension of coverage, the premium for those additional months may be increased to 150 percent of the plan's total cost of coverage.

    COBRA premiums may be increased if the costs to the plan increase but generally must be fixed in advance of each 12-month premium cycle. The plan must allow you to pay premiums on a monthly basis if you ask to do so, and the plan may allow you to make payments at other intervals (weekly or quarterly).

    The initial premium payment must be made within 45 days after the date of the COBRA election by the qualified beneficiary. Payment generally must cover the period of coverage from the date of COBRA election retroactive to the date of the loss of coverage due to the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30-day grace period for payments. Payment is considered to be made on the date it is sent to the plan.

    If premiums are not paid by the first day of the period of coverage, the plan has the option to cancel coverage until payment is received and then reinstate coverage retroactively to the beginning of the period of coverage.

    If the amount of the payment made to the plan is made in error but is not significantly less than the amount due, the plan is required to notify you of the deficiency and grant a reasonable period (for this purpose, 30 days is considered reasonable) to pay the difference. The plan is not obligated to send monthly premium notices.

    COBRA beneficiaries remain subject to the rules of the plan and therefore must satisfy all costs related to co-payments and deductibles, and are subject to catastrophic and other benefit limits.

    If I elect COBRA, how much do I pay?
    When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount, that is, the portion of the premium that you paid as an active employee and the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee.

    While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.

    Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively-from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer.

    You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement.

    Although they are not required to do so, some employers may subsidize COBRA coverage.

    Can I receive COBRA benefits while on FMLA leave?
    The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.

    Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, U.S. Department of Labor, Employment Standards Administration.



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  • r_mistry
    11-06 02:55 PM
    Hi Guys -

    I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".

    There is only one LUD on AP and that was on September 21st. Nothing after that.

    Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.

    Many thanks in advance for your responses





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  • pcs
    07-02 03:41 PM
    tonne of ,mental peace



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  • sheela
    11-29 08:19 PM
    The message says designated time frame, without specifying what the "designated time frame" is. I am just curious, where did you find that 120 days is the "designated time frame"?

    Thumbs up to IV and everyone involved in making this happen.

    As of now, for the background/name check -time frame in FBI rule-book is 120 days. It will be great if uscis can approve AOS if nothing adverse is reported by FBI within 120 days





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  • Keeme
    07-13 03:49 PM
    "Long Journey. Finally GC
    by J2GC
    Hi Guys,
    After a long journey of more than Sixteen years in this country, I finally received my GC.
    In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
    Applied for EB1 and NIW in July 2008.
    My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
    Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
    During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
    The main problems were:
    Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
    Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
    Could not go to certain occasions, like death of very close family members, weddings etc.
    However, I kept my cool and prayed and got lot of support from Immigration voice.
    As a small token of appreciation, I am donating $500 .(and will keep on supporting)
    We all are going to get GC, some sooner some later. Just keep on doing you job.
    Thanks you all for all the information and support.
    J2GC (J-1 visa to GC)"


    Congratulations !

    To others,

    How about if IV publishes his brief story( off course with his permission), congratulating him on IV behalf, in all national news paper ( with or w.o his name ) Date of entry, profession, long time wait- reasons and all opportunities he may have missed, couldn't buy house, collage-tution probelms etc and all struggles he has his family might have faced. point by point.

    Money would come from special campaign. NY TIMES, USA TODAY, Chicago Tribune, Washington Post, Miami Herald etc. News paper industry is struggling so won't cost much to buy a half/quarter page with a title - " An untold story of legal immigration" Or similar kind of eye catching title. Not more than 10-12 lines stating thousands others are waiting in line...

    There won't be difficult to get more his kind of cases to run it on regular basis in future.

    Any one ?



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  • shamu
    01-15 08:47 PM
    Check this... This covers maternity. Only thing you should get it before your wife become pregnant.
    http://visitinsurance.com/VISIT_Incoming_Premiums.html

    Thank you very much.





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  • 140jibjab
    05-13 04:06 PM
    I have tried everything to come back together. but it has really reached a point of not return.

    my Pd Dec 03 EB3 India. Please I need advice



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  • onemorecame
    06-27 04:52 PM
    Hey guys, this is not such a bad idea...basically it's all about give & take - you give and I take :)

    Man, are you serious in asking people not file in time when the topic of the day has been the possible retrogression mid-month in July? And that too on a forum where there are more posts about how to save $3.99 on passport photos than on core team pleas about calling the senators??

    Yes you are right, lets stop this thing here and guys please start calling senators.





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  • kannan
    06-20 02:45 PM
    My lawyer files I- 485 for me and my family, I want to file EAD and AP for me and my family by myself still do I need to file one more G- 28 .



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  • guyfromsg
    09-09 09:25 PM
    I just called and the guy said he has the room ; he then started taking all my information and finally asked when I would arrive. I told him on 17th, 7:30am and he said " oh sorry we don't have any room, I thought you wanted it tomorrow"

    So check it up again.

    Also, if your room has 2 beds, can you share the room with me? We can split the bills and I needed a company too. I am trying to book a room but so far no luck. I still need to book a flight too. I am flying from Oakland on 16th night. Thanks

    Yes, it's for 17th.. check your PM..





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  • x1050us
    07-19 01:03 PM
    Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.



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  • desighee
    01-04 10:10 AM
    yes don't wish for two wives.
    One wife itself is sufficient to cause life long agony and u r wishing for too!
    Indeed a brave fellow and should be given a GC on national interest waiver





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  • nrk
    11-03 12:08 PM
    Hi Shirdibaba,

    Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.

    1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.

    2. Find out from attorney if he charges any fee for this. If so please don't go with him.
    take an info pass and find out the details.
    This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)

    Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.


    Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
    The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...





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  • spdy_mn
    06-26 02:59 PM
    Go to motophoto. You can find a store nearer to you at this website. www.motophoto.com (http://www.motophoto.com)The are in the photography business and have all the specs for different immigration and passport requirements. They are not like walmar, walgreens or Costco whose primary business is not photography.

    The price may be a little high or may be not but you get the right stuff.





    th5000th
    11-30 06:55 PM
    Following is Ron`s observation
    .

    There is an error in the initial explanation of the quota. As I read this analysis, they are suggesting that the single state limit is 25,620 - irrespective of whether the visas are issued in family or employment based. This suggests that a country with heavy family based demand, but light employment based demand, could use more than 7% of the EB or FB quota as long as they remained under 25,620 overall. This is wrong. The 7% limit applies independently to FB and EB. A country could have no demand in one area, and enormous demand in the other and the side with the excessive demand would still be limited to 7% of that quota - not 7% of the combined quota.

    Also, I think that their estimates for China and India EB2 are too pessimistic.
    __________________

    What? too pessimistic or too optimistic?





    mbartosik
    02-24 01:20 PM
    my total now 93 plus a small pile at work uncounted, so will probably break 100.



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