jgh_res
08-11 09:14 AM
U have such a big signature but nothing abt contribution to IV. Have u contributed anything to IV? If not, how do u thinkIV can fight for whatever it is fighting?
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
I had a friend who came here after me, say I think in 2001, he got laid off and had gaps in his employment, he married this girl who joined a company head quartered in IOWA, the payroll stubs used to be in excel sheets. He was probably in the point where if we went to India, they would not have let him come back on H1. They paid 10K to get LS (adjusted through employment for 1 year) and when I-140 and 485 were being allowed for consecutive filing I believe Dec2004, filed it. He called me a month back saying they got their physical card. His PD date somewhere 2004 EB3. My PD March 21 2003, am I frustrated of course, but I am frustrated with the system that has loop holes, as pointed out there are hundred of people who have legitimately used LS.. there is no point losing sleep over it.
The need of the hour is this, to be together and fight together, not among each other. IV does not differentiate between LS and non LS, or degrees or anyone's individual cases or scenarios. IV's goal is very simple, GC process should not take more that 2 years and anything that reduces the total time frame, that is what IV stands for. Time is key, lost time cannot be regained, what is in for is now and the future, lets stick together and think about how we can help IV meet this goal, that none of us should be waiting many many more years to come. Can we all agree on this and go forward please?
Thanks and appreciate everyone's understanding.
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Libra
09-08 09:50 PM
please attend rally in DC
Dear members,
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
Dear members,
As we enter the final week of our rally preparation we would like to thank our members that have indicated that they would be coming for the rally. We also want to thank all state chapter and action item leaders for helping us out in this massive effort. This planning, coordination and implementation cannot happen without the help of each and every member. Help has ranged from phone call campaigns, publicity campaigns, media campaigns, lawmaker meetings, banner preparations, Merchandise set up, state chapter activities, Bus initiatives, Transportation and accommodation initiatives, sponsorships, reaching out to law offices and like minded organizations etc to tasks as important as deciding the Dinner menu for the Sept 17 event.
We still have a long way to go in our planning and implementation. IV membership is working hard to make this rally a success. The Sept 17th lobby day work is being implemented at this time and lawmaker office appointments are being sought. Everyone that has indicated their presence for this event will be contacted this week. We are planning a big reception event on September 17, from 6PM to 9PM at the Cannon Building in DC. IV members, lawmakers, staffers, industry leaders and other like minded organizations are expected to attend this event. It will be a great opportunity for IV members to meet these important representatives. There is also going to be a big Press event on Sept 18th that we are planning. There are several initiatives being taken to have a big media push for the rally. The rally is in itself a huge task that requires planning from getting all police permits (which we already have) to transporting rally material, providing registration opportunity for members, getting lawmakers to address the rally to details like stage and sound system.
All this has required IV to invest heavily. We already invest almost all in our lobbying efforts and remaining little in Website maintenance till now and somehow manage to run this organization on shoestring budgets. We need about 30 thousand dollars in the next 8 days to make sure we can meet our needs and also make a big impact via this rally. This rally will most certainly bring our issues to the national center stage and help us get much needed immigration relief.
This post urges everyone to come forward and help us in this short term funding drive. If you have not contributed till now, please consider contributing. If you have got your Receipt notice/FP notice/EAD etc. then do show your admiration for our combined effort via lobbying, San Jose rally and Flower campaign that enabled everyone to file their I485s. If you have recently received your green cards, then please consider contributing as a way of celebrating and endorsing our effort.
We need help from each and every member reading this post. We will continue to post updates. Please visit IV site regularly.
Thanks
IV team
Sheila Danzig
02-25 09:07 PM
Thank you - that is good to hear.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
We did a few this way based on the AIU (Assoc of Indian Universities) documenting that the CA = PGD. The professor showed that the PGD = MA. So far it has worked every time but we still feel the evidence is stronger pointing to CA=BA. Those have all been approved. However, we have done many more as equivalent to BA than MA.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
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vishwak
11-12 09:36 AM
That means Eb-2 I screwed....for several months.
God bless all our Eb2-I guys.
God bless all our Eb2-I guys.
more...
sats123
06-19 06:03 PM
I don't know if he is gonna mess it up if I file on my own. But Senthil has valid point that he should support if there is an RFE.
Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal
Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal
Jaime
05-26 10:35 AM
Thanks!
more...
madnak
07-02 04:19 PM
Medical Expenses: $400
Photographs + courier fees: $80
Misc. (gas, photocopy etc.): $50
Total: $530
Attorney Fees: employer
Photographs + courier fees: $80
Misc. (gas, photocopy etc.): $50
Total: $530
Attorney Fees: employer
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shamu
01-13 08:15 PM
We are not sure of the chronology of events such as your wife's pregnancy, Your job change, your insurance start date. If you guys had individual insurance before your wife's conceiving, insurance cannot deny coverage as pre existing condition. Make sure you put these events in a time line and rule out the possibility of coverage. if you have done so, you have to explore other options.
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
Thank you nixtor.
As far as changing job is concerned, make sure your job requirement matches the same and similar concept. If you have used AC21, why not use it one more time? Of course, your PD and other personal issues might be stopping you from doing so. But if you are just thinking about using AC21 again, dont worry. Talk to a good attorney and drink the kool aid again.
The easiest way to get through this is to get under group coverage. I will let you know if there is any way you can sneak into group coverage. but the one I can think right on top of my head is joining an employer with health insurance
Thank you nixtor.
more...
Guig0
02-10 09:55 AM
all 3 of you :P :(
Thank you very much! ;)
Thank you very much! ;)
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MerciesOfInjustices
02-21 07:44 AM
Mercies,
We appreciate ur apprehension, but please do not sow unnecessary seeds of doubt. As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
If you feel that these efforts are being wasted, then you are free to watch from the sidelines. Pls do not take this as a personal attack on u, but you are one of many many such immigrants who are sitting on this fence.
Regarding the professionalism shown by people here, i would really ask you not to attack without fully understanding the efforts taken by people who have formed this group. People have been travelling back and forth to DC to try and establish a lobbyist firm. Instead of criticizing please do your part by helping and doing something.
People have been approaching their communities for help, researching pro-immigrant organizations and working with them to get support. Even arranging for news sites to do something for us.
Please, we urge you not to sow seeds of doubt.
Go read the posts on the other website, and you will see how important it was to counter this guy's posts that were raising basic doubts about IV.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
We appreciate ur apprehension, but please do not sow unnecessary seeds of doubt. As it is, making most legal immigrants take part in this struggle, is like milking a male buffalo.
If you feel that these efforts are being wasted, then you are free to watch from the sidelines. Pls do not take this as a personal attack on u, but you are one of many many such immigrants who are sitting on this fence.
Regarding the professionalism shown by people here, i would really ask you not to attack without fully understanding the efforts taken by people who have formed this group. People have been travelling back and forth to DC to try and establish a lobbyist firm. Instead of criticizing please do your part by helping and doing something.
People have been approaching their communities for help, researching pro-immigrant organizations and working with them to get support. Even arranging for news sites to do something for us.
Please, we urge you not to sow seeds of doubt.
Go read the posts on the other website, and you will see how important it was to counter this guy's posts that were raising basic doubts about IV.
To have prompt responses is extremely important! If you brush aside negative comments from 'male buffalos' and not counter them - we will never be able to get them into action!
Anyway, however clumsy my efforts, I could not just sit and watch & not try to get doubts addressed.
more...
pd_recapturing
08-11 06:00 PM
How much does technology come into picture? I changed jobs using AC21 and am on EAD, my new job utilizes only 50% of the skills from previous job and am getting trained in new technologies in the new job. I am not sure if the new employer will list all technologies mentioned in the labor, but will definitely list all those that are being used. Any comments?
Chandu, did you ask your employer if they are willing to show all the technologies mentioned in your labor. My labor has some technologies that I no longer work and my new job (that I am thinking to take up on AC21) has none of them. I am confused ? How about job duties ? In my labor , the job duties are very generic, I doubt my new evl will have same job dutes but eventually, both are S/W development. I am not sure how much it impacts ?
Chandu, did you ask your employer if they are willing to show all the technologies mentioned in your labor. My labor has some technologies that I no longer work and my new job (that I am thinking to take up on AC21) has none of them. I am confused ? How about job duties ? In my labor , the job duties are very generic, I doubt my new evl will have same job dutes but eventually, both are S/W development. I am not sure how much it impacts ?
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roseball
08-23 10:00 AM
I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
more...
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jonty_11
08-22 01:43 PM
It would help if Masters is only counted from the Acredited Univs...
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GCaspirations
10-03 10:36 PM
This trend of cases filed at NSC and transferred to CSC and then back to NSC have not received FP notices yet.
Intrestingly, the cases being transferred from NSC to CSC and then going to TSC are getting the FP notices. Sparky_jones got it. I just read above that one other persons went to there too. Please update us when you receive the FP notice and I am sure you will receive it soon.
I am trying to track FP notices. Please visit this thread.
http://immigrationvoice.org/forum/showthread.php?t=13640
Sorry the link is not working anymore. Looks like the administrators do not want us to track this.
Intrestingly, the cases being transferred from NSC to CSC and then going to TSC are getting the FP notices. Sparky_jones got it. I just read above that one other persons went to there too. Please update us when you receive the FP notice and I am sure you will receive it soon.
I am trying to track FP notices. Please visit this thread.
http://immigrationvoice.org/forum/showthread.php?t=13640
Sorry the link is not working anymore. Looks like the administrators do not want us to track this.
more...
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desi3933
02-25 03:29 PM
I did post about this. We have seen professor's expert opinion letters showing the equivalency to the MA being approved. However, the evidence does point to an equivalency to a BA.
Thanks for your reply, Sheila.
Now, since the evidence does point to equivalent to a BA, can this affect already approved petitions that have been submitted with evidence equating it to MS in past.
You also mentioned in one of the post that you have had 100% success rate equating CA to MS. Now, evidence is pointing to the contrary, I am not sure about the effect on these approved I-140 petitions.
Once again, thanks for your reply.
Thanks for your reply, Sheila.
Now, since the evidence does point to equivalent to a BA, can this affect already approved petitions that have been submitted with evidence equating it to MS in past.
You also mentioned in one of the post that you have had 100% success rate equating CA to MS. Now, evidence is pointing to the contrary, I am not sure about the effect on these approved I-140 petitions.
Once again, thanks for your reply.
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meridiani.planum
06-05 04:01 AM
EB2 India will move very fast till 01 JAN 06 as because based on June 2007 bulletin, just before the july fiasco,( http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html ) the PD for China is 01 JAN 06. That means in EB2 Category except India and China every other country is current. So till India reaches 01 JAN 06 PD in EB2, all the spill overs will be moved to EB2 India. By the time India EB2 reaches 01 JAN 06, China PD in EB2 will move further from 01 JAN 06 by using its 7% quota. So Inidia PD for EB2 again moves fast till that changed China PD using the spill overs. After that India and China will share the spill overs based on the PD priority. All this happens if and only if the USCIS works effectively and uses all the available visa numbers for the present fiscal year. My prediction for EB2 India PD is it touch 2005 /even cross few months in 2005 by the end of this year if USCIS works effectively.
July 07 was a very special case. Throughout the year the USCIS had not issues many visa's, and per the ombudsmans report in May they were going so slow that they would relaly have to scramble if they dont waste tons of visas.
They year by all reports they are using up visa numbers at a quick pace. WHy do you think they will jump all the way to 2006?
Just getting spillover is not enough, if the total demand for visa's is high. Case in point is EB3-ROW which technically has almost no limits, yet languishes in a retrogressed state because the total number of visa's (140k) is too low and however you divvy them up people are going to end up waiting...
July 07 was a very special case. Throughout the year the USCIS had not issues many visa's, and per the ombudsmans report in May they were going so slow that they would relaly have to scramble if they dont waste tons of visas.
They year by all reports they are using up visa numbers at a quick pace. WHy do you think they will jump all the way to 2006?
Just getting spillover is not enough, if the total demand for visa's is high. Case in point is EB3-ROW which technically has almost no limits, yet languishes in a retrogressed state because the total number of visa's (140k) is too low and however you divvy them up people are going to end up waiting...
more...
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Gravitation
07-06 03:59 PM
of being a WHITE KISS ARCE
STUPIDITY
LOVE BEING A SUBMISSIVE SLAVE
so much for a free modern world...bbbrrrrrrrrrrrr
off to India ..no more pepsi, coke jeans for me ...the real GANDHIGIRI is wear home made khadi clothes....hit them where it hurts and that is MONEY
HELP LOCAL INDIAN ENTERPRENEURS ..SENDING FLOWERS is really cheesy and idiotic ..who came up with this stupid idea???
For someone who's trying to teach wisdom, economy and philosophy, you really display one hack of a retarded thought process.
Jeans or whatever clothing is not maufactured here. Whatever you wear, dhoti or lungi, is not going to hurt them. And you know what? I don't want to hurt, I love this country.
So please, go and live in your hut, wear dhoti and eat goat-curd and leave us alone.
STUPIDITY
LOVE BEING A SUBMISSIVE SLAVE
so much for a free modern world...bbbrrrrrrrrrrrr
off to India ..no more pepsi, coke jeans for me ...the real GANDHIGIRI is wear home made khadi clothes....hit them where it hurts and that is MONEY
HELP LOCAL INDIAN ENTERPRENEURS ..SENDING FLOWERS is really cheesy and idiotic ..who came up with this stupid idea???
For someone who's trying to teach wisdom, economy and philosophy, you really display one hack of a retarded thought process.
Jeans or whatever clothing is not maufactured here. Whatever you wear, dhoti or lungi, is not going to hurt them. And you know what? I don't want to hurt, I love this country.
So please, go and live in your hut, wear dhoti and eat goat-curd and leave us alone.
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nk2006
02-13 03:27 PM
I almost missed this drive. Thanks for the reminder.
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GCAmigo
12-21 09:31 AM
Atleast someone is hearing our voices.
Does H4 to H1 conversion counts H1B numbers right?
:confused:
-Madhu
YES it falls under the dreaded cap!
Does H4 to H1 conversion counts H1B numbers right?
:confused:
-Madhu
YES it falls under the dreaded cap!
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.
undertaker
05-15 11:46 AM
While I do not condone all practices of these big companies: coz of them many ppl sitting in India will have a H-1 and may never come here but me and some of my friends who have been working hard as students here (doing B.S. from a very reputed school, that still doesn't help be cap exempt) shall likely be left out.
But, I do see racism in all this H-1B talk, lets face it: these are means to control (mostly) Asian immigration, I'm sure this wouldn't be an issue at all if H-1B was not the 'brown man's' visa to America.
PS: Just my 2 cents, no offense intended to anyone of any color.
But, I do see racism in all this H-1B talk, lets face it: these are means to control (mostly) Asian immigration, I'm sure this wouldn't be an issue at all if H-1B was not the 'brown man's' visa to America.
PS: Just my 2 cents, no offense intended to anyone of any color.
