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  • diptam
    06-07 12:12 PM
    Hi ,
    I sent i140 papers and money in feb 2007 to my company. in april i went to india and came back in May. in May when i asked the recieved number of i 140 filing to my company then they told me to wait for 2 week and after 2 week when they gave me recpt number, i checked online i saw following message.

    "
    Current Status: Case received and pending.

    On May 16, 2007, we received this I140 IMMIGRANT PETITION FOR ALIEN WORKER, and mailed you a notice describing how we will process your case. ..................
    "

    looks like my company sent paper to USCIS in may not in march or april. is that currect? is the USCIS receipt date is the i140 filing date and gc cut off date if CIR bill passes? please throw some light on this.

    Thanks.

    I sent all papers in APRIL but the company lawyers filed LATE and USCIS gave the receive date as MAY 16th.... (They might have mailed May 13th or 14th and kept on bluffing ... )

    If May 15th is the cut off date - guys like you and me are the worst sufferers... But who knows if the MBS will turnout to be better than the Old system ??

    If this BILL becomes LAW we have to apply in MBS immediatly so that we do not get BACKLOGGED there too ....





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  • pcs
    06-18 08:31 PM
    Can we send official letter ( with all sad stories ) from IV and we can call these guys on behalf of IV

    http://moia.gov.in/showinfo1.asp?linkid=482

    Let us try to give these guys some job....





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  • pasupuleti
    02-08 01:55 PM
    we are meeting Mike Honda's staff on 02-10-2006 @ 1.00 PM. This meeting is to educate the lawmakers about our issues & IV goals.

    Mike Honda's office Address:

    1999 South Bascom Ave
    Suite 815
    Campbell CA - 95008.

    send me a private msg if you like to attend.





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  • smuggymba
    05-12 11:35 AM
    Hispanic community has unity. EB Community has factured groups, each intenet on their narrow goals and aspirations. There is no use commenting on and comparing Hispanic comunity with legal community. Every illegal fights for all the illegals where as every EB immigrant fights for himself and by extension his/her group be it preference category or country category

    .................and EB community doesn't even donate 50 dollars for the advocacy event. Did you contribute now that you're giving a lecture.



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  • abhishek101
    11-02 11:33 PM
    Thank God Dems are out otherwise Legals will never get anything till every illegal crossing the border is ahead of them. Democrats are only good for three kind of people:

    Illegals
    Illegals
    Illegals

    I hope Obama looses soon and we have some sanity of law





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  • niidawg3
    01-26 06:01 PM
    So my old company's lawyers got my Denial Notice today. USCIS is unbelievable in their incompetence. I got denied because apparently I filed when a visa date was not available. Why would i do such a stupid thing? Obviously the IO didnt take the time to do a little research to see why I filed when I did, nor did his Director who rubber-stamped the denial.

    My I-485 was filed on August 2nd, 2007. The August 2007 visa bulletin released on July 12th, 2007 did indicate UNAVAILABLE (http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html). However, USCIS, amended that a few days later with an update allowing a month (through August 17, 2007) for all individuals who were current as of the July 2007 bulletin (including me) to file. See the attached link: http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf, USCIS issues an update allowing

    It took me about 1.5 minutes on Google to locate the Update Memo. To think that an IO cannot locate this essential memo and would blatantly deny a valid application is beyond me. This is insane that an organization as important as the USCIS can be so inefficient.

    I called their customer service number to see if i could resolve it in a simple manner. The jerk of an IO I spoke to said "you are not going to like what I am going to say, but you are currently out of status (since I am on EAD and AP) and will need to file an MTR. People may tell you to not pay the fee for the MTR, but I recommend you do, since that is the only way your case will be reviewed"

    Thanks Jerk - i hope the Ombudsman's office gets to the bottom of these erroneous denials and fires all y'all.

    I know i would have lost my job if i made such a life-altering and blatant error!!

    I cant believe an Infopass can't resolve this, and I need to go down the MTR route.



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  • mdmd10
    07-25 11:36 AM
    I also have a PD in the same year as yours (May 2004), but my I-140 is still pending. God alone knows when it will be cleared. But I try not to think about it.

    Instead, imagine as if you already have your GC. If you suddenly get it one day, think about what your next steps are going to be. If you want to join a new company, think and plan about ways you will be able to market yourself. Plan for the future. You have plenty of time now to do research and analysis, because as soon as th GC comes, you will need to put your plan into action. Everything happens for the best. Assuming your whole life is ahead of you, what is a 4-5 year wait. This too shall pass.

    I have observed that on an average an EB2 ought to get their GC in 5-6 years from when they applied for labor, whereas for EB3 it is around 6-7 years. Now folks may get it sooner and it depends on individual case, but my observation tells me the above. So plan accordingly.

    Don't let anyone take your happiness from you. Only you determine how you feel and you can choose to be all depressed about it or not not worry about it and focus on something else. It is just a state of mind.

    Perhaps a couple of years after you get your GC, you will look back and think how resilient you have become because of this long wait. If nothing you have gained a virtue - patience.





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  • anilsal
    02-10 10:17 PM
    a FP appointment notice.

    Since I am a July 07 filer like many others, it may indicate that they are dusting the apps to generate FP notices?



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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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  • rayoflight
    05-31 10:27 PM
    Voted Yes - Done...



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  • reddysn
    05-30 09:46 AM
    Please do not spam the threads with the same message .. News articles should go into news article threads please ...

    Britain ruled out the law change 40,000 Indians to comeback home
    http://www.timesnow.tv/Reversal_for_UK_Indians/articleshow/2085257.cms


    US Visa Fee raise by around 66% for all and Green card process
    http://www.latimes.com/news/nationworld/nation/la-na-immig30may30,1,6138808.story?coll=la-headlines-nation
    :eek:





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  • devamanohar
    08-14 06:10 AM
    I filed for my self, wife and two daughters I-485 and EAD with all documents but without I-140 recipt notice instead I enclosed evidences of the cashed check, INS online status print out and cover letter with reciept number.

    My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
    I have my reciept notice for I-140 now.
    At this point shall I wait or apply one more today with the reciept notice.



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  • hopefulgc
    07-26 12:06 AM
    I think he would want to see a locksmith to get the damaged "lever" rectified before he sees a doctor lest someone should compromise the lock and break in while he is away to see the doctor.

    sorry i couldn't resist... all in the name of humor!:D



    While a pray for your "lever"....i will suggest u see a doctor asap!!!

    And I will also prescribe you channel all the pain into some positive energy by helping IV via contributions, volunteer work...and participatingin action items...all that is very rewarding!!! and will help you from going nuts, bananas and what have you!!





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  • milind70
    08-23 02:54 PM
    Just Thought

    There is 200k application without 140 approval, this is including july filers.

    there is lot of chnace for those who got their I-140 approved, even their PD '2006.

    you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.

    I think EB2-jan2007 and EB3-Aprl2005 in October VB

    - satish

    This is not correct . Approval is only when your PD is current. People who got approval for PD 2005 EB2 cases were actually approved in July .Thier approval date is July 2007 when then the VB was current. VB is not just for filing,earlier in 2004 some people were approved when thier PD dates were not current, their approvals were cancelled. Part of the reason why July VB was made current so approvals made during that time who be as per as the VB. I had a friend who recieved notification that his GC was approved but his approval date is in July on the notice but he recieved it in Aug when his PD was not current.



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  • helloh1
    01-26 04:34 PM
    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."





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  • wellwishergc
    04-10 09:15 PM
    I understand!!! I was just kidding..:); I will call it a night.. It was a pleasure talking to you..

    Bye for now..

    Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.



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  • ramaonline
    08-07 11:14 PM
    Congrats suresh..it's good to see Dec 05 getting approved..best option would be to get your wife here on F1..Some of the schools required only TOEFL ..after coming to US get married again in US and apply for 485..

    485 derivative status is only available if you were married before the 485 approval not after

    If someone marries after 485 approval then you need to file I130 under family category for spouse

    Of course it is always possible to come on h1 and get a new new gc application filed thru employer - but it is not possible to add as derivative application with a lawful permanent resident





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  • Brightsider
    11-25 04:55 PM
    Commendable Job!!!
    Please accept my compliments, Pappu and the team.

    My suggestions for your meeting with USCIS:-
    1. In the interest of transparency, let them also publish data about monthly filings in each of the EB categories. It will reduce uncertainty further.
    2. Provide separate numbers for family-based and employment-based cases in their monthly progress reports. To a large extent, this can be obviated by regularly updating the pendency figures published in Sept 09.
    3. Include the CP data in the same report along with I-485 data. Becomes easier to compile the big picture and analyze it.

    Now, since we dont have any academic interest in the subject,
    4. Press the case for recapture of lost visas
    5. Have quarterly spillover. Implementation of suggestion (1) will be an enabling factor.
    :):):)





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  • Bpositive
    08-06 04:58 PM
    I-485 applied aug 2007
    I-140 approved dec 2007





    nozerd
    01-04 10:30 AM
    The kids from the second marriage can definitely come. He can call the first wife get her the green card, then divorce her and go and marry the second wife and bring her here.





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