ssnd03
02-28 11:27 AM
It says otherwise approvable but for name check. Does that mean Visa numbers are already allotted for these 47K cases hence they wont eat up the visa numbers?
Visa number is allocated when the case is finally adjudicated. Hence, they will certainly eat up visa numbers. Maybe for EB 10 - 15 K and rest for FB. Just a guess.
Visa number is allocated when the case is finally adjudicated. Hence, they will certainly eat up visa numbers. Maybe for EB 10 - 15 K and rest for FB. Just a guess.
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badlucky
05-13 10:23 PM
140jibjab,
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
kak1978
11-03 09:49 AM
Today I was talking to IO in Texas service center, during discussion I told her that India dates might retrogress.. can you please expedite my case. For that she replied that " that's what they are doing"
I am not sure how reliable is this and on what she has in her mind.. Just wanted to share the information. Don't give me RED for this.
May be she meant that they are trying to expedite your case.
I am not sure how reliable is this and on what she has in her mind.. Just wanted to share the information. Don't give me RED for this.
May be she meant that they are trying to expedite your case.
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masala dosa
04-01 03:16 PM
Isnt no one reading this post?
only three Cos so far?
Shrey, please send me the plan for presentation .
Cheers mates
only three Cos so far?
Shrey, please send me the plan for presentation .
Cheers mates
more...
Sakthisagar
10-28 01:11 PM
Brush up your General Knowledge, look around you. If you see, there is a priority date on my post - Infy does not sponspor GC's, atleast not with those priority dates in EB2 category. Can you deduce what that implies?
You are thinking only about the small percentage of "lost Indians" (including me) who are in this mess - if you really think about your motherland (and mine), help guys like NRN get a good infrastructure in place. By ridiculing him, what are you trying to say? had you been in his place, what would you have done? Settle here immediately, and launch a daily "freighter" to bring all Indians to US? What desh bhakti!
tonyHK12 rightly said - "look around" - dont get blinded sitting in front of the computer with just one site to visit ;) Look at the good things that someone does, take the positive things out of everything, respect every being - that is what the religions say - if you really believe in one. Wake up buddy - may God bless you!
BTW, if you ask the Hindu "pundits", it is not a religion at all, its more than just a religion!
Yeah... very good, now there is two.... this is the proof why EB is not moving or why there is no unity. Keep on arguing and disunite that is the usual desi NRI habit. especially people in USA.
Brush your GK about Hindu religion.. and this word is just phrased by a Irish Padri just to fool Hindus and you become a trap of it.. I pity Wake up and dont be in a fools world!
You are thinking only about the small percentage of "lost Indians" (including me) who are in this mess - if you really think about your motherland (and mine), help guys like NRN get a good infrastructure in place. By ridiculing him, what are you trying to say? had you been in his place, what would you have done? Settle here immediately, and launch a daily "freighter" to bring all Indians to US? What desh bhakti!
tonyHK12 rightly said - "look around" - dont get blinded sitting in front of the computer with just one site to visit ;) Look at the good things that someone does, take the positive things out of everything, respect every being - that is what the religions say - if you really believe in one. Wake up buddy - may God bless you!
BTW, if you ask the Hindu "pundits", it is not a religion at all, its more than just a religion!
Yeah... very good, now there is two.... this is the proof why EB is not moving or why there is no unity. Keep on arguing and disunite that is the usual desi NRI habit. especially people in USA.
Brush your GK about Hindu religion.. and this word is just phrased by a Irish Padri just to fool Hindus and you become a trap of it.. I pity Wake up and dont be in a fools world!
gc28262
03-11 11:52 PM
I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
more...
aroranuj
04-15 08:57 PM
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
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drak70
04-13 05:19 PM
I think you should write a Complaint letter to State Bar against attorney and second to the USCIS office which laisons with immigration attorneys
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
State bar (Because for a 485 application he is acting as fiduciary in your best interests).He may be liable for civil damages too
USCIS- Once you have revoked his G28 form on what legal authority did he represent you.
between these authorities you have "gotcha" because either this or that has been violated. Maybe you can even get damages /settlement( and be more generous to your benefactors:))
more...
venetian
10-10 12:47 AM
Beware of companies that have office in Ameerpet, Hyderabad. Most of them are phony companies.
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chanduv23
03-26 01:47 PM
one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...
I agree. They have to follow well set guidelines.
I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.
I agree. They have to follow well set guidelines.
I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.
more...
desijackass
01-04 10:39 AM
well..if he converts to a Mormon and moves to Iowa..he can have many wifes:D
I think you mean UTAH.
Is it legal to have more than one wife in India?
I think you mean UTAH.
Is it legal to have more than one wife in India?
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shana04
02-13 10:13 AM
Thanks Shana for AC21 Format!! Is there any way to find out LC information for RIR applications?? I know PERM LC info. is posted on foreign LC website.
through employer verification letter
through employer verification letter
more...
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jefkorn
02-24 07:31 PM
Why do you say so? This has no relation with the current Feb.04, 2008 memo.
The file is an old policy change where USCIS doesn't automatically consider an pending mandamus lawsuit in court as a reason to expedite. They started fighting these cases but have definitely expedited name checks after the policy change( in 02/2007) in response to court orders.
Read this:
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.
The file is an old policy change where USCIS doesn't automatically consider an pending mandamus lawsuit in court as a reason to expedite. They started fighting these cases but have definitely expedited name checks after the policy change( in 02/2007) in response to court orders.
Read this:
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.
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smsthss
06-12 10:09 AM
can we watch this live?? the room #'s for 10 am and 11 am are different. is there another link?
more...
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sheela
02-21 01:17 PM
can you please tell were you working for a consulting company or a american company? Also in which city are you located?
Might be they are doing it at some particular location?
I worked at a university and I140 approved TSC/AOS at TSC
Might be they are doing it at some particular location?
I worked at a university and I140 approved TSC/AOS at TSC
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fearonlygod
02-12 10:24 PM
Hi Folks,
I have already complained to State DOL since last 3 months and still their is no movement...i heard from one of my fellow employee at the precious employer that the guy received notice from DOL immediately but dont know what he did after that....and now he seems that he is closing down his company becoz most of people have left owing to his unethical pratices....he doesnt provides health insurance despite mentioning , says that leaves can be encahes only after a year..
and now cooking a new story for rather than sending the w2 , telling that u should receive notice for 25 k from his lawyer....
in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......
lets see how it goes but nothing seem to be working at moment:confused:
I have already complained to State DOL since last 3 months and still their is no movement...i heard from one of my fellow employee at the precious employer that the guy received notice from DOL immediately but dont know what he did after that....and now he seems that he is closing down his company becoz most of people have left owing to his unethical pratices....he doesnt provides health insurance despite mentioning , says that leaves can be encahes only after a year..
and now cooking a new story for rather than sending the w2 , telling that u should receive notice for 25 k from his lawyer....
in india there is a proverb "ulta chor kotwaal ko daante" which exactly is the scenario ......
lets see how it goes but nothing seem to be working at moment:confused:
more...
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swamy
04-03 02:21 PM
Pappu,
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
I really thank IV for the support extended so far. I am praying to god and hoping that this matter is resovled else this will seriously affect my small family of me, my wife and my one year old for absolutely no fault of ours.
I am also working with the law firm and they are trying to reach out to USCIS to try to rectify this grave mistake.
The only thing that really worries me is that in the withdrawl notice from USCIS it says
"'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'"
I will keep the forum updated on any developments
"'As a result of your request" - the fact that you didn't request it negates the basis for their action - so i think you will be fine
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miguy
06-19 03:53 PM
"PD- Dec 2002, I485-RD- Dec 2003."
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
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prioritydate
07-25 01:39 PM
Have time to post something here? Heheee.... I am posting these message while my project is compiling and building.
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.
Tarang
06-13 12:38 PM
As per this logic, Prof Matloff is also paid in the same bracket as other university professors; so he is also ordinary because his pay ratio would be 1.0!!! At any place, your co-workers are doing same type of work, so will get same salary. Even in hedge funds, if an immigrant is paid very high salary, his colleagues are also paid the same high salary. Very ridiculous logic to use pay ratio.
Ask Mark that if pay ratio is 1.0, why are companies still hiring H1B people and get in to all these govt red tape, if they can easily get manpower at same cost without the need for H1?
And does he think that someone must have PhD to do useful innovations? How many of these great innovative companies are started by PhD? On the contrary, how many PhDs work for Microsoft who is started by college dropout?
Ask Mark that if pay ratio is 1.0, why are companies still hiring H1B people and get in to all these govt red tape, if they can easily get manpower at same cost without the need for H1?
And does he think that someone must have PhD to do useful innovations? How many of these great innovative companies are started by PhD? On the contrary, how many PhDs work for Microsoft who is started by college dropout?
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