gc_maine2
12-28 03:32 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.
AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.
You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.
H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.
H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.
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genius
05-02 03:03 AM
Hi everyone,
Last week one of my friend(Mexican) from mexico was sent back from the airport and her visa was revoked (B1/B2).The officer claimed that since she lived in the US for almost 5-6 months (no overstays) for the last 2 years,she must have worked here.Is there any possibility that she could apply for another visa (either after waiting for a few months and what are the Odds?).Can the immigrant lawyer do anything to help her get her any other visa (student or something).
Please help!!
Thanks in advance!!!
Last week one of my friend(Mexican) from mexico was sent back from the airport and her visa was revoked (B1/B2).The officer claimed that since she lived in the US for almost 5-6 months (no overstays) for the last 2 years,she must have worked here.Is there any possibility that she could apply for another visa (either after waiting for a few months and what are the Odds?).Can the immigrant lawyer do anything to help her get her any other visa (student or something).
Please help!!
Thanks in advance!!!
diptam
11-06 12:57 PM
This "AP already approved" so no interimAP(even for emergency) audiotape started since Middle of OCT from NSC IO and local IO's. My AP got LUD on Oct 11th and they said that your AP approved so dont bug us for a duplicate. Wait ... Wait .. Wait ... But how long ??
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
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gdhiren
08-28 03:08 PM
Folks, really great. I am around DC and coordinating the Pickups/Dropoffs. Please PM me your flight details if you need to be picked up from the airport or dropped off to the airport, don't be shy, we will make every efforts to accomodate your needs. There is also a separate thread if you need accomodation (we have several hosts).
Thank you guys for flying all the way from west coast.
Dhiren
PS: Waiting_4_GC, I have your flight info.
Thank you guys for flying all the way from west coast.
Dhiren
PS: Waiting_4_GC, I have your flight info.
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desi485
01-04 03:46 PM
Poor Guy
;) what do you expect if one has to keep two wives happy? :D
;) what do you expect if one has to keep two wives happy? :D
skakodker
04-24 09:23 AM
All the best everyone and may all your PDs become current right away.
I am going back to the homeland.
Can't believe I put my life on hold for this long.
I feel free again to do as I choose.
Just imagining never having to track a visa date ever again makes me feel at peace.
A slave no more for a country that so willingly gives up so much in the name of false security.
Getting used to driving on the other side should be fun!
Take care!
I am going back to the homeland.
Can't believe I put my life on hold for this long.
I feel free again to do as I choose.
Just imagining never having to track a visa date ever again makes me feel at peace.
A slave no more for a country that so willingly gives up so much in the name of false security.
Getting used to driving on the other side should be fun!
Take care!
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glus
12-28 09:48 PM
Anyone invoking AC21 with unapproved I-140?
It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.
Hope it helps.
It is risky to change employers after 180 days before I140 is approved. If it comes to issues, when USCIS realizes one changed employment before I140 was approved, USCIS needs to verify that the underlying I140 was approvable at the time the change of employment occurred. By approvable it means that at that time there was no reason to issue a major type RFE for pending I140. If, for instance, the USCIS notices that at the time one invoked AC-21 and I140 was not yet approved and the I140 petition did not include (or included incomplete) educational documentation, it will say that the I140 was NOT approvable due to material evidence missing. And, at that time AC-21 can't work and may cause huge issues. One should be very wary of this and in general attorneys advise to wait until I 140 is approved before invoking I140.
Hope it helps.
2010 Justice League
India_USA
11-03 08:25 AM
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
I have nothing to say about the dems in particular...........however, you are being extremely short sighted if you want Obama to loose. He is driving this country in the right direction, and you go with any republican who just talks nonsense of tax cut and national security, you may have a green card or even citizenship - and your children will be wishing to go to another country as there are no opportunities here!
(When I say you and your children, I mean us and our children)
Illegals
Illegals
Illegals
I hope Obama looses soon and we have some sanity of law
I have nothing to say about the dems in particular...........however, you are being extremely short sighted if you want Obama to loose. He is driving this country in the right direction, and you go with any republican who just talks nonsense of tax cut and national security, you may have a green card or even citizenship - and your children will be wishing to go to another country as there are no opportunities here!
(When I say you and your children, I mean us and our children)
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makemygc
07-27 12:55 PM
Talked to an io at neb sc.within 5 sec of me starting to talk the ffice interuppted and she apologosed for doing that and said because of huge vol of appli there is a delay in the receipt notice.i SAID I AM july 2 nd filer and she said it might be in the first week of aug..(i had said the same thing in my earlier post too after i spoke toa diff officer)..She asked to keep checking the check clearnace.
Hope this helps
Thanks
Why do you keep calling them everyday? What is the urgency of getting receipts?
Hope this helps
Thanks
Why do you keep calling them everyday? What is the urgency of getting receipts?
hair 2010 the young justice league,
navyug
02-12 05:31 PM
Hi
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
Keep all email correspondences....You can infact make him pay dearly for harasement...
I left my previous employer more than 6 months back , he didnt paid me my final paycheck and i complained to DOL since 3 months...now wehn i asked for my W2 he said me to do whatever i feel and he is adamant at not giving it....moreover he said that his company has suffered losses worth 25K and his lawyer has sent a legal notice in this regard....and when i said how will we file taxes he says he wished for me to be out of status and go back.....
Since i have complained to DOL and also it is more than 6 moths since i left his organisation giving proper notice and have email confirmations, can he issue me legeal notice.....?please advice...
He is also saying that he has written to USCIS that I am fraud,....though I have been working in fortune 100 companies and now also working in reputed company and never lied for anything and was on project from day 1 since I came to States....? can USCIS cause problems for me in future...
Also, he seems to have closed his company..
Folks please advice....
Keep all email correspondences....You can infact make him pay dearly for harasement...
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diptam
08-16 02:46 PM
I know you didn't advise me/anyone - I too expressed my view.
I still do NOT understand how a USCIS error can prevent me from re-applying !! There was a Post yesterday at IV by a gentleman from IOWA who called Up USCIS and they confirmed that it will be accepted. I PM'ed him because i was not sure if IOWA allows you to Voice-record "evidence" - He told me that USCIS recorded the call as a general Practice.
I doubt they will release their own recording to be used against them and also they says we "may" record for "Training and Quality" purpose.The best Option would be if we take Permission from the CSR and record that conversation at our end - I can't do that because the STATE i live dont allow that.
I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.
Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.
If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.
Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.
I still do NOT understand how a USCIS error can prevent me from re-applying !! There was a Post yesterday at IV by a gentleman from IOWA who called Up USCIS and they confirmed that it will be accepted. I PM'ed him because i was not sure if IOWA allows you to Voice-record "evidence" - He told me that USCIS recorded the call as a general Practice.
I doubt they will release their own recording to be used against them and also they says we "may" record for "Training and Quality" purpose.The best Option would be if we take Permission from the CSR and record that conversation at our end - I can't do that because the STATE i live dont allow that.
I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.
Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.
If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.
Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.
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paskal
06-24 03:58 PM
I was wondering if update is only available through state chapter? If so we are in blackhole,,, as many of us are not members of state chapter..
Or if we have more action items to act on apart from calling reps..chc and lamar smith ?
Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
Or if we have more action items to act on apart from calling reps..chc and lamar smith ?
Neways.. i have asked for NC state chapter enrollment ..so hopefully i'll get the updates from then on...:)
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
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vghc
07-25 11:08 AM
Do this: Be happy with what you already have and expect (don�t worry) more good things in life. Just compare with somebody who doesn't even have food, clothes, shelter, health care, etc... in their lives.
You are VERY fortunate to make it to US and living a decent life than most of the Indians.
Cheer up....
Yup, i went back to my homecountry in February after 10 years away from home and trust me, our lives here are good. People back there will trade your place in a heartbeat. Just be glad that you are in the pipeline for a PR.
You are VERY fortunate to make it to US and living a decent life than most of the Indians.
Cheer up....
Yup, i went back to my homecountry in February after 10 years away from home and trust me, our lives here are good. People back there will trade your place in a heartbeat. Just be glad that you are in the pipeline for a PR.
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rweworld1
08-12 09:31 AM
In my case my GC sponsoring employer had consent signed from me before filing my GC that- I need to work for them for 1 yr at least after getting my GC. Otherwise I need to pay them all legal expenses they have spent on my GC process if I leave them before 1 yr.
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
Is this legal? my employer is top 5 IT firm. (Big pockets to fight anything like this)
Thanks,
R
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himu73
10-01 08:04 PM
Hello,
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance
dresses Justice League
karanp25
08-05 01:11 PM
Is this supposed to be cribbing, just for the heck of it? In what way can getting a 2 yr EAD be bad news?
For EB ROW, if they issue 1 yr EAD...does tht mean their 485s are not approved for at least 1 yr?
Received 2 year EAD card in email. Card is valid from jul 30th 2008 to jul 29th 2010. My PD is current.(May 06). Dont know if this is good news or bad news.
AR
For EB ROW, if they issue 1 yr EAD...does tht mean their 485s are not approved for at least 1 yr?
Received 2 year EAD card in email. Card is valid from jul 30th 2008 to jul 29th 2010. My PD is current.(May 06). Dont know if this is good news or bad news.
AR
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lazycis
12-18 07:49 PM
I filed my I-485 on 2nd July 2007, My 180 days completes on 29th Dec 2007
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
My advice is to take a new job, leave the current employer on good terms and forget about AC21.
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
My advice is to take a new job, leave the current employer on good terms and forget about AC21.
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hebbar77
05-18 07:06 PM
It seems like you believe in all or nothing.
With such an attitude we will end up with nothing.
Did you vote against Masters quota for H1B??
I ONLY believe in MERITT based system.
I never voted against anything so far!!:D
With such an attitude we will end up with nothing.
Did you vote against Masters quota for H1B??
I ONLY believe in MERITT based system.
I never voted against anything so far!!:D
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gsc999
07-06 04:15 PM
GRAVITATION DID ANYONE EVER TELL YOU THAT YOU ARE AN IDIOT
Curious, why do you say that?
Curious, why do you say that?
espoir
07-10 08:36 AM
Media is a double edge sword. Lets not jump or resort into these activities and hurt IV agenda. Media can spin things around and you will be aghast at what is reported and what the truth is. We are not completely done with flower campaign. In my opinion it has now gained momentum and we have to make sure media presents our cause in a right way. And that we get a positive coverage.
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.
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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