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  • Jimi_Hendrix
    12-29 12:56 AM
    INA 202 (a) (5) (A)
    EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Please read the above section carefully. The additional visas mentioned above refers to visas in excess of 140k visas set by the annual quota; i.e. it refers to recaptured visa numbers, IMHO.





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  • chakdepatte
    10-29 10:32 AM
    been 90+ days no news on AP. called USCIS for delay and now I get an email about RFE on me and my wifes AP.

    any ideas, what type of RFE's being issued for APs?

    response will be greatly appreciated.

    -Chakdepatte.





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  • gc28262
    06-10 05:21 PM
    We shouldn't give much significance to what USCIS and DOS officials say. Both of these departments don't have a grasp on what is happening in their respective organizations.

    They are just government officials doing some PR activity for the sake of it.

    I also don't give any significance to the description that DOS provides in visa bulletins ( Due to extreme demand, visa category X is oversubscribed.. blah blah blah ...):mad:





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  • logiclife
    01-09 12:16 PM
    What is the Federal Government's role in COBRA?
    COBRA continuation coverage laws are administered by several agencies. The Departments of Labor and Treasury have jurisdiction over private-sector health group health plans. The Department of Health and Human Services administers the continuation coverage law as it affects public-sector health plans.

    The Labor Department's interpretive and regulatory responsibility is limited to the disclosure and notification requirements of COBRA. If you need further information on your disclosure or notification rights under a private-sector plan, or about ERISA generally, telephone EBSA's Toll-Free number at: 1.866.444.3272, or write to:

    U.S. Department of Labor
    Employee Benefits Security Administration
    Division of Technical Assistance and Inquiries
    200 Constitution Avenue NW, Suite N-5619
    Washington, DC 20210

    The Internal Revenue Service, Department of the Treasury, has issued regulations on COBRA provisions relating to eligibility, coverage and premiums in 26 CFR Part 54, Continuation Coverage Requirements Applicable to Group Health Plans. Both the Departments of Labor and Treasury share jurisdiction for enforcement of these provisions.

    The Center for Medicare and Medicaid Services offers information about COBRA provisions for public-sector employees. You can write them at this address:

    Centers for Medicare and Medicaid Services
    7500 Security Boulevard
    Mail Stop C1-22-06
    Baltimore, MD 21244-1850
    Tel 1.877.267.2323 x61565

    I am a federal employee. Can I receive benefits under COBRA?
    Federal employees are covered by a law similar to COBRA. Those employees should contact the personnel office serving their agency for more information on temporary extensions of health benefits.

    Am I eligible for COBRA if my company closed or went bankrupt and there is no health plan?
    If there is no longer a health plan, there is no COBRA coverage available. If, however, there is another plan offered by the company, you may be covered under that plan. Union members who are covered by a collective bargaining agreement that provides for a medical plan also may be entitled to continued coverage.

    How do I find out about COBRA coverage and how do I elect to take it?
    Employers or health plan administrators must provide an initial general notice if you are entitled to COBRA benefits. You probably received the initial notice about COBRA coverage when you were hired.

    When you are no longer eligible for health coverage, your employer has to provide you with a specific notice regarding your rights to COBRA continuation benefits.

    Employers must notify their plan administrators within 30 days after an employee's termination or after a reduction in hours that causes and employee to lose health benefits.

    The plan administrator must provide notice to individual employees of their right to elect COBRA coverage within 14 days after the administrator has received notice from the employer.

    You must respond to this notice and elect COBRA coverage by the 60th day after the written notice is sent or the day health care coverage ceased, whichever is later. Otherwise, you will lose all rights to COBRA benefits.

    Spouses and dependent children covered under your health plan have an independent right to elect COBRA coverage upon your termination or reduction in hours. If, for instance, you have a family member with an illness at the time you are laid off, that person alone can elect coverage.



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  • GCneeded
    04-03 05:09 PM
    I have webfaxed both 10 & 11.





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  • Kushal
    11-21 02:48 PM
    That's very true. Shame on us for being lazy and waiting for the right moment.
    The 16th district teams needs to be more re-united. I will talk to digital2k and arrange to meet Zoe in few days.


    I don't know how many of you have actually visited DC offices and spoken to Congressional Office staff in person (not just sending E-mails or letters). I have been there, and done that. And I intend to continue to do that for myself, my family and the community..

    Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.

    The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!

    Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.

    We don't have any magic spells or potions in our pockets. We need your help to succeed.



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  • gaz
    05-11 05:00 PM
    Please don't open your mouth...it really really stinks :)

    the expression of empathy should be appreciated, not berated. Illegal or not, these are still people who are affected - and in this case children. And, its difficult to see any kids suffer for anything no matter what their background is.





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  • n2b
    12-28 10:29 AM
    Hello Guys,

    I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.

    The question I have is if my current employer can do anything, I mean anything at all, now?

    Thank you.



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  • plp039
    10-02 01:39 PM
    i am in your boat! :). july 2 filed.





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  • pappu
    05-08 08:01 AM
    As our members get greencards, we are happy for them and wish them good luck for future. Please continue to support Immigrationvoice and visit this site to help others waiting in line. If there are sufficient greencard holder members, we can even take up issues confronting greencard applicants in future.

    This thread is to start a discussion and hear experiences from members who have received their greencard. Please write �

    - How has greencard changed your life after receiving it?
    - What did you do on the day you received it?
    - How did the long wait upset your life?
    - How did immigrationvoice help you during this long wait?
    - Would you like to continue your support to immigration voice and help others waiting?
    - Any advice for everyone?

    Once anyone received his greencard, please update the IV tracker too. We like to see how many members in IV are greencard holders and what is the current trend of approvals in our membership

    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63



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  • qualified_trash
    12-12 01:51 PM
    QT:

    You mean Feb of 07, right?
    I meant the bulletin released in Jan of 2007 which would be for the following month which would mean Feb of 07.

    nitpicking are we ?? :-))





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  • transpass
    02-23 02:16 PM
    I got the scanned copy of the RFE of my wife's case from my attorney this morning, here are the details - "Need secondary evidence to demonstrate the claimed relationship..."

    I had submitted the marriage certificate, but now they want more. Gurus, has anyone received something like this before, please suggest how this can be taken care of. Can someone point me to a sample affidavit, please?

    Thank you!!

    Sometimes, Indian passport has spouse's name entered...May be that should help also..



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  • naveenarjun
    07-17 10:58 AM
    Yes you are right, there is bound to have EAD flood in market, with spouses of hi-tech worker will come to market to search hi-tech job with spouse phone support. I have seen such cases countless times in past few years and yes they will be in future without exception. However, matter of fact, these fresh EAD (previous H4) don't get the dream job in first attempt, it takes good 2 year to find a similar job that H1b hitech worker does.
    But thats the realty of market, every year new jobs are added and every year new job seekers join the crowd.
    On the otherside, a hitech worker is suppose to always learning something new and getting his/her position more stronger everyday, its a knowledge market, whoever knows more gets better $$. With my 7yr US exp and total 10 yrs CS exp I have no scare that any single fresh EAD will come close to me. A senior is always a senior no matter which field you talk.

    Not all H4 are going to be in the hig-tech industry





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  • seahawks
    09-10 12:08 AM
    AC 21 is complicated, the whole GC process is complicated. Lot of us are thinking 180 days ahead for changing employers.. please think about September 18th. We need to make a difference. Please attend the rally, please contribute, every effort taken by each of you makes a difference. Even if you don't believe you cannot make a change, WE DO! Wake up and lets all go to D.C!

    If you are already coming, awesome.. kudos!



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  • Libra
    07-10 09:21 AM
    I never saw him talking +ve about legal immgration, he is an anti-immigrant.

    Attacking Lou Dobbs will help those who purposefully blur the distinction between legal and illegal immigrants. While Dobbs sometimes talks about H1Bs, his main focus is on illegal immigration and he's mostly sympathetic to legal immigration, in my opinion.





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  • munnu77
    04-02 05:09 PM
    sent both



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  • gc_chahiye
    08-31 04:41 PM
    Nah, I don't think so. Not a good article.

    1. His salary CAN be raised.
    2. His wife CAN work, as article mentions that he applied for GC in 2004
    3. I never heard about 1 million - I guess we were talking about 140000 unused visas right? Where this 1 million came from?
    4. If the company is bought - one doesn't generally reapply for GC.

    Even little lies don't serve a good cause as this article can be easily discredited.

    you are assuming he has applied for 485. If he has not, (ie. started labor in 2004) then until atleast July he would be in the same boat. If his LC is still in BEC (remember 30K are still stuck there); then all of this applies to him even after July VB fiasco!





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  • ash0210
    12-04 05:37 PM
    Wow!!! if its so then its good!!!

    As per new SSN statement, I have around 80K in SSN and around same equal amount of Medicare money and wondering if we can take back home SSN money, what will happen to our Medicare money?

    Any News regarding Medicare money? can we take advantage of Medicare money in our country?


    If you move back to India permanently, you can take you social security money with you.





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  • tinku01
    02-12 11:22 AM
    Initially these facilities not provided to CP filers because it used be fast in comparison of 485 filers but now due to this retrogression CP filers are also waiting in queue with 485 filers and not even getting any reliefe I would say they are in very bad situation compare to 485 filers.





    spindoctor
    07-19 11:21 PM
    I would urge you to change the title as most of your problems are due to your own decisions and not due to agency.

    back to your post



    That is correct. Every visa has an intent and purpose that is why there are several types of visas. If the intention is to immigrate, absalutely they will not issue B1 no matter what the applicant say during the interview.

    Consular processing is a long shot, best bet is as someone else said in the post
    Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).

    IF the dates retrogress, you may have to talk to prospective employers who will sponsor H1B and then bring her back to US on H4.

    I will pray and hope that you will get GC soon and your spouse be able to join you.

    And last, Be little considerate in the forum and little deplomacy to express the ideas will help communion with fellow IV members smooth. I do get a feel of "arrogance" reading your posts and does not fit the status co and not very useful to get ideas to solve your problems.


    Thanks friend. I do hope your prayers work for me. But I still find it strange that if someone has a pending I-485 through consular processing route, then he/she can't get a visitor visa no matter what? What if it is a medical crisis? Family reunion issues? This sure sucks. I will check with some lawyer on this.

    And lastly what you detect as arrogance is my plain talking style. Did I make personal attack on anyone? no, right? Life is like a game of chess. Make the move which makes the best sense at any stage. What is the point in thinking about past moves?

    Follow to join looks like a good move as of now. But I can use this move only if my GC is approved first. But I doubt my GC will be approved in a month or so. So if my GC is still pending and dates retrogress again, we are stuck. On the other hand if my wife applies I-485 in india she can't get a visitor visa. If she comes to US first on B1, then she can't file I-485 because of violation of intent. I need one damn grandmaster of a lawyer to fix this game man.





    makemygc
    10-09 07:50 PM
    My employer is not giving copy of my I140. With out I140 how to port it to an other job/employer etc ?

    Can some on advise me !

    My company, which is a big one with more than 9000 employees tried to do the same with me. I've to do some sweet talking with my paralegal to get a copy of I-140, which was sufficient. Although, later I realized it was a notice of action but I think that should work too. Since, my company filed my 485 I did not have to worry much about that.



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