JunRN
08-22 10:25 PM
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.
Not good for those without dual-intent visas (F1, etc).
Not good for those without dual-intent visas (F1, etc).
wallpaper Tessa James
leoindiano
05-30 05:21 PM
done.
Full text here..
http://www.govtrack.us/congress/billtext.xpd?bill=s111-1085
Full text here..
http://www.govtrack.us/congress/billtext.xpd?bill=s111-1085
Libra
01-11 08:24 PM
26000 members but only 33 voted so far, come on guys we can do better than this. spend 5 mins on weeked and send your letters to President and IV.
2011 Tessa James
gimme Green!!
06-20 03:42 PM
Isn't concurrent filing still available?
At one point, there was concurrent filing. Just get LC approved and file for I-140 and I-485. Even if dates are not current. Then these filings were seperated. Then retrogression kicked in.
Now these GCs are getting aproved. So, don't worry.
At one point, there was concurrent filing. Just get LC approved and file for I-140 and I-485. Even if dates are not current. Then these filings were seperated. Then retrogression kicked in.
Now these GCs are getting aproved. So, don't worry.
more...
bujjigadu123
03-03 03:32 PM
I hope he was not deported.
Hi All,
Sorry for the delayed response.
Result:
ICE officer did not visit me on the scheduled day. There is no communciation from him so far on reschedule also. I donno what happened. I also did not want to follow up with him.
Regards,
bujjigadu.
Hi All,
Sorry for the delayed response.
Result:
ICE officer did not visit me on the scheduled day. There is no communciation from him so far on reschedule also. I donno what happened. I also did not want to follow up with him.
Regards,
bujjigadu.
prabasiodia
08-09 05:24 PM
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
more...
Circus123
07-10 08:04 AM
In my opinion, we should not spend any resources on this guy and or to oppose who oppose our views.
We should stick to getting our goals achieved instead of fighting those who are fighting us.
Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...
We should stick to getting our goals achieved instead of fighting those who are fighting us.
Lou Dobb seems to discourage illegal immigration but is all for legal immigration ...
2010 Tessa James
JunRN
06-05 02:03 AM
http://www.uscis.gov/files/nativedocuments/AC21_30May08.pdf
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
I think USCIS now requires an APPROVED I-140 before allowing AC21 portability for I-485 applicants.
more...
vamsi_poondla
10-10 07:33 PM
also I read few months back that out of some 70K SWITCH ppl in usa, they filed GC for less than 100 employees. Do you think only 100 out of some 70K H1B wanted GC??? Another proof that they do not want their employees to move ahead.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
Where did you get this stat? It is BS. My company itself processed more than 1000 GCs last two years. To manage the perm load, we had to hire extra paralegal staff apart from distributing PERM applications to more than 3 law firms.
And do you know that many folks who got GC from our company did not resign within 2 years of getting GC. They are highly motivated and achievers.
Amongst SWITCH there are some companies which do not sponsor GC as a policy. I am not denying that. But that doesnt mean that they are wrong.
hair McNaught and Tessa James)
Googler
07-07 08:36 PM
i saw it on TV . there is 10 ot 15 sec clip of some one asking Condoleezza Rice about this fiasco . which program was that on nbc ? any one has any info on it ?
Transcript of relevant part here
http://immigrationvoice.org/forum/showthread.php?t=6206
Transcript of relevant part here
http://immigrationvoice.org/forum/showthread.php?t=6206
more...
whattodo21
04-22 11:10 AM
There is no "Prince William County" in Maryland. List of counties in Maryland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/List_of_counties_in_Maryland)
What we have is a "Prince George's County", which joined the 287 g program in December 2009. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml)
The article may be talking about "Prince William County" in Virginia, which is participating in 287 g program since 2/26/2008.
Partners (http://www.ice.gov/partners/287g/Section287_g.htm)
Right, Pick up the issue with immigration policy organization, and get the clarification, whether the county is in MD, VA or they mistook George to Williams.
PS: I used to be IV donor and also used to contribute my time on IV initiatives. But after seeing that IV is more of an Illegal-immigration Voice rather than Immigration voice, I have stopped my monetary contributions. Hope things will change.
Because IV works in a manner that will get the intended results - they are for illegals? Legal or Illegal - they are part of Immigration - that is how it works.......
You used to support IV through donations and time, but you stopped because IV was not working the way you wanted it to work.............However, you still check the forums, post in the forums .............. may be you are not all that disappointed with IV!!!!!!!!!!!!!!
What we have is a "Prince George's County", which joined the 287 g program in December 2009. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml)
The article may be talking about "Prince William County" in Virginia, which is participating in 287 g program since 2/26/2008.
Partners (http://www.ice.gov/partners/287g/Section287_g.htm)
Right, Pick up the issue with immigration policy organization, and get the clarification, whether the county is in MD, VA or they mistook George to Williams.
PS: I used to be IV donor and also used to contribute my time on IV initiatives. But after seeing that IV is more of an Illegal-immigration Voice rather than Immigration voice, I have stopped my monetary contributions. Hope things will change.
Because IV works in a manner that will get the intended results - they are for illegals? Legal or Illegal - they are part of Immigration - that is how it works.......
You used to support IV through donations and time, but you stopped because IV was not working the way you wanted it to work.............However, you still check the forums, post in the forums .............. may be you are not all that disappointed with IV!!!!!!!!!!!!!!
hot Tessa James Celebrities
jjjun
12-12 12:39 PM
Bad news again.
more...
house Tessa James (typical
cal97
08-06 07:00 PM
My infopass appointment was this afternoon. NC cleared. All the IO said was I should wait as there were many applications filed on 7/2/2007.
I mentioned once that 2006 cases are getting approved and with my PD being in 2004 when should I expect to get my 485 approved. All I heard back was WAIT :mad:.
Not sure how long though. Been seven years since I filed, first in 2001 and then again in 2004. Looks like a never ending wait.
Hoping for the best :)
I mentioned once that 2006 cases are getting approved and with my PD being in 2004 when should I expect to get my 485 approved. All I heard back was WAIT :mad:.
Not sure how long though. Been seven years since I filed, first in 2001 and then again in 2004. Looks like a never ending wait.
Hoping for the best :)
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mariusp
05-22 03:41 PM
When the one of the IV leaders is seriously considering going out of status in order to benefit from the great amnesty, you know that something is seriously messed up. Even so, I didn't expect you guys to be the first ones to give up...
more...
pictures Tessa James
immi2006
08-17 11:13 AM
Folks,
Let us focus on the rally and recapture of visa numbers. This more important to all than fighting out the LS issues and finding fault it is not our issue. If the LS guys gets rejects, they deserve it for not using their own Labor, and they a price for the same. Let us not beat them with a stick and focus on what can be done now.
Let us not build hatred against anyone, this can only undermine our efforts. You never know, heard FBI Checks are strict on LS folks, hope that is true, atleast genuine filers get it based on their PD, so be 2001 or 2002 as long as they are the original beneficiary.
Where is it mentioned that LC sub has been rejected ? I looked at the link and
I couldnt find any thing.
Rajesh
Let us focus on the rally and recapture of visa numbers. This more important to all than fighting out the LS issues and finding fault it is not our issue. If the LS guys gets rejects, they deserve it for not using their own Labor, and they a price for the same. Let us not beat them with a stick and focus on what can be done now.
Let us not build hatred against anyone, this can only undermine our efforts. You never know, heard FBI Checks are strict on LS folks, hope that is true, atleast genuine filers get it based on their PD, so be 2001 or 2002 as long as they are the original beneficiary.
Where is it mentioned that LC sub has been rejected ? I looked at the link and
I couldnt find any thing.
Rajesh
dresses Tessa James middot; « Back
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.
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.
more...
makeup Breeds amp; Tessa James
flipflop
11-18 12:31 PM
hmmm, housing markets runs into sales of millions and millions of units, if people here are thinking of buying 100 homes each, yes! it will help increase the sales by .00002%
For Honda/ Toyota : They never lost their appeal , and don't tell me that you are driving a 2008 Corvett.
Chief, read the post first. Its not a satire on desis driving Honda/Toyota!!! In fact I am all for it. Its about people who like to think that they can solve major problems if only they had GCs.
For Honda/ Toyota : They never lost their appeal , and don't tell me that you are driving a 2008 Corvett.
Chief, read the post first. Its not a satire on desis driving Honda/Toyota!!! In fact I am all for it. Its about people who like to think that they can solve major problems if only they had GCs.
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mirage
06-05 08:38 AM
I tried to understand the 'Change jobs after 180 days' of filing I-485, but didn't understand if they are planning to do anything different..
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vin13
11-02 01:17 PM
People do not like gloomy predictions. :)
Here is a positive prediction for a change. EB3 I may move a bit.;)
Pappu,
Did you or any one in IV get any chance to discuss with USCIS regarding quarterly spillover?
Here is a positive prediction for a change. EB3 I may move a bit.;)
Pappu,
Did you or any one in IV get any chance to discuss with USCIS regarding quarterly spillover?
crystal
07-02 03:18 PM
Roughly 2500 $ , not inlcuding filing fee and lawyer fee
belmontboy
02-27 06:47 PM
this thread is useless. Please delete!
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