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  • kaisersose
    06-05 02:44 PM
    Keep in mind that it is higly likely that DOS has changed its strategy of releasing visa numbers starting this year. Previously, they would release numbers per quarter. But this time, from all accounts it appears they have moved away from that model to improve USCIS efficiency. They may have released almost all of the annual quota by now.

    http://travel.state.gov/visa/frvi/bulletin/bulletin_3925.html

    Check the Feb 2007 visa bulletin where they made EB2 India Unavailable as the annual quota was over. It came back again only because there was spillover from ROW.

    Based on this, it is very unlikely that there will be much forward movement in July.





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  • bobzibub
    11-21 12:07 PM
    http://www.change.gov/agenda/immigration_agenda/





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  • Libra
    01-25 10:04 AM
    bump





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  • logiclife
    01-09 12:14 PM
    http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML

    FAQs About COBRA Continuation Health Coverage

    What is COBRA continuation health coverage?
    Congress passed the landmark Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions in 1986. The law amends the Employee Retirement Income Security Act, the Internal Revenue Code and the Public Health Service Act to provide continuation of group health coverage that otherwise might be terminated.

    What does COBRA do?
    COBRA provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates. This coverage, however, is only available when coverage is lost due to certain specific events. Group health coverage for COBRA participants is usually more expensive than health coverage for active employees, since usually the employer pays a part of the premium for active employees while COBRA participants generally pay the entire premium themselves. It is ordinarily less expensive, though, than individual health coverage.

    Who is entitled to benefits under COBRA?
    There are three elements to qualifying for COBRA benefits. COBRA establishes specific criteria for plans, qualified beneficiaries, and qualifying events:

    Plan Coverage - Group health plans for employers with 20 or more employees on more than 50 percent of its typical business days in the previous calendar year are subject to COBRA. Both full and part-time employees are counted to determine whether a plan is subject to COBRA. Each part-time employee counts as a fraction of an employee, with the fraction equal to the number of hours that the part-time employee worked divided by the hours an employee must work to be considered full time.

    Qualified Beneficiaries - A qualified beneficiary generally is an individual covered by a group health plan on the day before a qualifying event who is either an employee, the employee's spouse, or an employee's dependent child. In certain cases, a retired employee, the retired employee's spouse, and the retired employee's dependent children may be qualified beneficiaries. In addition, any child born to or placed for adoption with a covered employee during the period of COBRA coverage is considered a qualified beneficiary. Agents, independent contractors, and directors who participate in the group health plan may also be qualified beneficiaries.

    Qualifying Events - Qualifying events are certain events that would cause an individual to lose health coverage. The type of qualifying event will determine who the qualified beneficiaries are and the amount of time that a plan must offer the health coverage to them under COBRA. A plan, at its discretion, may provide longer periods of continuation coverage.

    Qualifying Events for Employees:

    Voluntary or involuntary termination of employment for reasons other than gross misconduct

    Reduction in the number of hours of employment

    Qualifying Events for Spouses:

    Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct

    Reduction in the hours worked by the covered employee

    Covered employee's becoming entitled to Medicare

    Divorce or legal separation of the covered employee

    Death of the covered employee

    Qualifying Events for Dependent Children:

    Loss of dependent child status under the plan rules

    Voluntary or involuntary termination of the covered employee's employment for any reason other than gross misconduct

    Reduction in the hours worked by the covered employee

    Covered employee's becoming entitled to Medicare

    Divorce or legal separation of the covered employee

    Death of the covered employee

    How does a person become eligible for COBRA continuation coverage?
    To be eligible for COBRA coverage, you must have been enrolled in your employer's health plan when you worked and the health plan must continue to be in effect for active employees. COBRA continuation coverage is available upon the occurrence of a qualifying event that would, except for the COBRA continuation coverage, cause an individual to lose his or her health care coverage.

    What group health plans are subject to COBRA?
    The law generally covers health plans maintained by private-sector employers with 20 or more employees, employee organizations, or state or local governments.

    What process must individuals follow to elect COBRA continuation coverage?
    Employers must notify plan administrators of a qualifying event within 30 days after an employee's death, termination, reduced hours of employment or entitlement to Medicare.

    A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation or a child's ceasing to be covered as a dependent under plan rules.

    Plan participants and beneficiaries generally must be sent an election notice not later than 14 days after the plan administrator receives notice that a qualifying event has occurred. The individual then has 60 days to decide whether to elect COBRA continuation coverage. The person has 45 days after electing coverage to pay the initial premium.

    How long after a qualifying event do I have to elect COBRA coverage?
    Qualified beneficiaries must be given an election period during which each qualified beneficiary may choose whether to elect COBRA coverage. Each qualified beneficiary may independently elect COBRA coverage. A covered employee or the covered employee's spouse may elect COBRA coverage on behalf of all other qualified beneficiaries. A parent or legal guardian may elect on behalf of a minor child. Qualified beneficiaries must be given at least 60 days for the election. This period is measured from the later of the coverage loss date or the date the COBRA election notice is provided by the employer or plan administrator. The election notice must be provided in person or by first class mail within 14 days after the plan administrator receives notice that a qualifying event has occurred.

    How do I file a COBRA claim for benefits?
    Health plan rules must explain how to obtain benefits and must include written procedures for processing claims. Claims procedures must be described in the Summary Plan Description.

    You should submit a claim for benefits in accordance with the plan's rules for filing claims. If the claim is denied, you must be given notice of the denial in writing generally within 90 days after the claim is filed. The notice should state the reasons for the denial, any additional information needed to support the claim, and procedures for appealing the denial.

    You will have at least 60 days to appeal a denial and you must receive a decision on the appeal generally within 60 days after that.

    Contact the plan administrator for more information on filing a claim for benefits. Complete plan rules are available from employers or benefits offices. There can be charges up to 25 cents a page for copies of plan rules.

    Can individuals qualify for longer periods of COBRA continuation coverage?
    Yes, disability can extend the 18 month period of continuation coverage for a qualifying event that is a termination of employment or reduction of hours. To qualify for additional months of COBRA continuation coverage, the qualified beneficiary must:

    Have a ruling from the Social Security Administration that he or she became disabled within the first 60 days of COBRA continuation coverage

    Send the plan a copy of the Social Security ruling letter within 60 days of receipt, but prior to expiration of the 18-month period of coverage

    If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage. Plans can charge 150% of the premium cost for the extended period of coverage.



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  • eb3retro
    01-13 11:10 AM
    just came back from india via frankfurt using AP. no h1b in passport. no questions asked, no one even verified AP. so, i can confirm that, i just came back 10 days ago. hope this helps. Took lufthansa.





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  • willwin
    07-08 12:39 PM
    This is a "do nothing" congress. They dont care about immigration reforms as this doesnt have immediate affects. Frankly i have no hope. Nothing is going to happen till summer of next year.

    summer next year?!?! You are too optimistic!!

    It could be on a summer but not next year; may be few years.



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  • mirage
    08-10 07:26 AM
    And I know people who came to US in 2006. Got 2001 EB2 Labor and are now worknig on EAD. Whenever I see this guy my heart screams to choke DOL.

    FYI.
    I used sub with later priority date and EB3 instead of EB2 after waiting for 6 and half years for my own LC. I still do not know what happened to the original LC.
    Does this look like a fraud to you ?





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  • lost_in_migration
    05-29 04:40 PM
    Genocide is what is left maybe

    They will make H1b visa holders wears arm bands like the Nazis made jews wear . Then they will make us live in ghettos and drive us out all at once . :( How much worse can this get .



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  • p1234
    10-25 02:36 PM
    Senior (PD's from 2001-03) EB3-I sufferers, you'll surely get what you deserve by the middle of 2009. Having said that, if you think its in your best interest to get a better job under EB2, go for it and port your PD. Nothing can stop you.
    If someone writes a letter to USCIS to stop EB3 porting, you can counter it by writing another letter explaining why you are porting in the first place and you have the right and the freedom to get better jobs and qualify for higher categories.





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  • GCwaitforever
    04-01 10:03 PM
    no. 10 and 11 today. Shall visit the senators office on Monday as well. This would the last chnace to make a difference. Go for it.



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  • matreen
    08-15 03:01 PM
    Two things I would like to mention here:

    First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:

    1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
    I have seen more than a bunch of folks getting RFE's for this specific reason.

    2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.

    3.) Any other history of excessive job-hopping.

    Please pitch in if you know any other substantive reason.

    Second,

    For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.

    I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.

    Go ahead and make the best of AC21!:)

    IntheMoment,

    I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).

    Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.

    Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.

    Here are job discriptions with titles.

    Old Employer.
    Title: Computer Systems Analyst.
    Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.

    With New Emaployer
    Title: Systems Analyst
    Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.

    Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.

    Appreciate you prompt reply. I have meeting with my manager with new employer (client).





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  • GCMATRIX
    07-25 11:05 AM
    Take Infopass appointment to relieve your anxiety little bit . I took infopass on Aug 8 to know what is happening to my I-485



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  • met3259
    05-25 03:42 PM
    MET3259- Thanks for the Post. It was great.
    Could you address my quiestion regarding "low" wages. How "low" are they and what does 'low" mean in Canada, relative to cost of living and especially real estate prices. Can you afford to buy a decent house or apartments in average salary?

    Thanks


    Excellent question. Wages are lower (with a few exceptions like teachers) than in the US, but we are not talking about "poor house" wages. I made $70K Cdn (remember, a dollar is still a dollar at home - so don't convert to US$) and made $77K US my first year in the US. The job though went from a process engineer, to a plant manager of a small plant.

    I have tried to talk to my friends in Canada about this (and job opportunity) and figure it out - how come I can make more in the US and have more carrier opportunities. I really do not know the exact answer, but... (let me try anyway):

    It is easy to "shine" in the US - again, the average (and by no means not all) person here is less educated and has less drive/ability than at home -- thus more competition (relatively speaking) than in the US.

    Economies of scale in the US present more opportunity.

    I did notice, that in the US, you can be a grade 8 drop out and still make a lot of money if you are willing to work (and have at least a little luck - re: the song "sun screen"). That very rarely(if ever) happens back home.
    Along this line of thinking, it is easier to sell a "widget" in the US as the average consumer is not that bright. Canadians are at least a little more hesitant/intelligent/cautious with purchases. The US have more disposible imcome than Canadians (which should tell you a lot right there).


    Another difference is the banks in Canada will tell you how much you can spend. In the US, they just keep giving morgates, car loans, credit cards to anyone (even my 6 year old son got a peapproved application for a credit card). In Canada - the bank will say - "you can not afford that" - we do not have people morgated to the hilt, with a SUV (or 2) in the driveway ready for bankrupcy if they loose their job.

    Conclusion - you can afford a house and renting in Canada (unlike the US) is actually cheaper. Wages can be and most liekly are lower, but - no ghettos, no bankrupcy due to illnesss, safer streets (although it is getting worse).

    Hope that helps.





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  • CADude
    12-28 02:21 AM
    PD: July 2001 RD: July 2007 ND: Oct 2007 NSC. Still waiting for USCIS decision.



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  • Jimi_Hendrix
    12-29 03:15 PM
    this is all quite confusing and probably you need to consult an expert.





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  • ashkam
    03-27 08:37 AM
    Man, this place just needs a reason to go all-out hysterical. Seriously, what is the problem with this regulation? Employment verification is just the DMV's way of finding out if the person is in legal status. You had to show this letter when you got your visa stamped didn't you? Similarly, American citizens have to show proof of citizenship while applying for a driver's license. These are good law-enforcement measures the govt is taking to prevent out of status immigrants from getting a driver's license.



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  • raj3078
    08-22 10:21 AM
    It would be interesting to know....Wonder how credible their claim of State Dept official discussed with them about Visa Bulletin dates?





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  • plassey
    08-20 08:01 PM
    Bottom line is that u got screwed. Labor is for a position with your employer. He may choose to give to anyone he wishes. Labor substitution thus was not illegal act on his part as it was permitted by the law.
    I-140 is his stuff .
    I-485 is ur stuff but in absence of I-140 it means nothing.

    Your only case is if he has violated any of the H1 provisions.





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  • rajuram
    01-05 12:17 AM
    bump





    softcrowd
    10-10 03:13 PM
    ....I am not sure why someone is portraying Infy or Wipro as companies that go for "Easy money..." that's completely ridiculous. Agreed they are not doing lots of so called high-end R & D projects and majority of thier revenue is still from service industry. But that does not make these companies any lesser.

    I am not sure how much insight you guys got into these companies, but they are doing quite a lot of good assignments. Also, the processes they got in place & the maturity they show in execution of assignments is definitely on par with any other software services company in the world.

    Probably a bunch of you folks are frustrated with these companies because the billing rates are driven down & opportunites in US (for consultants) are becoming less due to these companies' offshore model - but that does not make these companies shallow as you are trying to portray.

    PS: I am not an employee with either of these companies. FOr that matter, none of these offshore-based companies. But the facts are to be accepted.





    paskal
    06-19 11:51 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions

    Please consider joining this group
    see link below



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