bluekayal
02-08 07:48 PM
Great going! And we are meeting Dianne Feinstein's staff next week as well. Send me a pvt message if you'd like to attend.
wallpaper face tattoo
lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
rsrikant
08-10 10:20 AM
instead of attacking some one who applied for LS, i suggest it is advisable to direct the anger towards DOL or USCIS.. whoever is responsible.
LC substitution is legal and probably that's why many ppl did it. why shud we blame them. we shud blame the law. and good that its been eliminated now..
i don't think we need to segregate those who applied using LS. May be most of us could have used it if we had not applied labour directly and knew that some LS is available for no price with old PD...
LC substitution is legal and probably that's why many ppl did it. why shud we blame them. we shud blame the law. and good that its been eliminated now..
i don't think we need to segregate those who applied using LS. May be most of us could have used it if we had not applied labour directly and knew that some LS is available for no price with old PD...
2011 Tags: nautical star tattoos,
singhsa3
01-03 09:42 PM
I wish....;)
Your friend == singhsa3 ??? - Just kidding
Your friend == singhsa3 ??? - Just kidding
more...
nag2007
10-11 04:43 PM
There used to be a time when the ability to apply for I485 even during retrogression. was of the highest priority for IV. Now majority of the IV members (hopefully) belong to post I485 filing group. Now the amount of green cards for employment category, exemptions from quota for family members, US degree holders etc, and country quota may be the higher priority issues if one goes by the numbers.
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
You mean to say that "Those who have EAD with PD 2006/2007" needs green Card and you dont bother about PD 2000-2005 from Backlog who never got a chance to apply i-485 ?
Moral: Allow the people to suffer who are suffering and let others make merry(PD 2006-2007).
Sakthisagar
10-28 08:38 AM
"This time you have a great opportunity to consolidate and by working in India, by becoming a good quality professional you will sustain the advantage we have created and will make growth in India a permanent rather than a temporary feature."
Guys, wakeup! He isn't telling anything wrong - just a different opinion, very valid for a great percentage of Indians - not everyone can/is going to land in US and wait eternally for GC? and nothing wrong in what he is saying - to go for a better long term India than a spurt of growth. Why ridicule the other guy for giving a genuine advice to youngsters - how many of us haven't almost given up on our careers just for the same of EB GC? Are we just afraid of losing out to our brothers in India in future, rather than them joining our batch in the eternal wait? If we want to make US our home, at least we should start respecting another person's right to his opinion, even if we disagree. Why would it be called a gimmick?! There is no other way - if its not India, it will be China, Philippines etc. Look at the way the general product industry went? The same will happen unless there are restrictive trade policy - which, not only would be against the "US" principals of free trade, but would also automatically be harmful for the US economy.
I personally don't see anything wrong in the article. He puts forth the right things that can be done to improve the life of Indian generations - now and for future. And if that happens, there would be a benefit for us in particular, and US economy and US jobs in general.
hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.
Guys, wakeup! He isn't telling anything wrong - just a different opinion, very valid for a great percentage of Indians - not everyone can/is going to land in US and wait eternally for GC? and nothing wrong in what he is saying - to go for a better long term India than a spurt of growth. Why ridicule the other guy for giving a genuine advice to youngsters - how many of us haven't almost given up on our careers just for the same of EB GC? Are we just afraid of losing out to our brothers in India in future, rather than them joining our batch in the eternal wait? If we want to make US our home, at least we should start respecting another person's right to his opinion, even if we disagree. Why would it be called a gimmick?! There is no other way - if its not India, it will be China, Philippines etc. Look at the way the general product industry went? The same will happen unless there are restrictive trade policy - which, not only would be against the "US" principals of free trade, but would also automatically be harmful for the US economy.
I personally don't see anything wrong in the article. He puts forth the right things that can be done to improve the life of Indian generations - now and for future. And if that happens, there would be a benefit for us in particular, and US economy and US jobs in general.
hahahaha.. good one.. what a support to Infy... height of slavery. I accept your veiw point as INFY's and YOURS view point. good keep it up.
more...
letstalklc
12-21 09:10 AM
I agree 100%, all these consulates are peace of crap, the way they behave is un believable, I have been to New York Office twice, both the times very bad, I don't think they change...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
May be external ministry has to look into it and fire all of them, If I am in one of the position to do, will do it next minute...
2010 56 Star Tattoos On Face. Girl
GC_Wait2002
05-14 11:11 AM
Hi Folks,
Here is my situation.
My current working company - EB2- August 2002 - 140 is under processing....
(receipt date for 140 is October 2007)
(thanks to labor backlog center :mad: got stuck in backlog center for 5 years)
With my friend's company - EB3 - April 2004 - 140 is under processing....
(receipt date for 140 is July 2007) 485, EAD, AP filed and got them also.
What all the options I have now? Which one will be better assuming both 140 gets approved.
Thanks
Here is my situation.
My current working company - EB2- August 2002 - 140 is under processing....
(receipt date for 140 is October 2007)
(thanks to labor backlog center :mad: got stuck in backlog center for 5 years)
With my friend's company - EB3 - April 2004 - 140 is under processing....
(receipt date for 140 is July 2007) 485, EAD, AP filed and got them also.
What all the options I have now? Which one will be better assuming both 140 gets approved.
Thanks
more...
x1050us
07-19 09:51 AM
My spouse is landing here on Aug 15. That leaves only one day to get medicals done. Any suggestions on how to handle this ? Can she skip skin test and take X-rays directly ?
hair tattoo new face body and pants
wikipedia_fan
04-09 03:11 PM
Does this mean that an MTR filed without the filing fee is automatically considered an appeal?
I don't think so. For an appeal - those boxes must be checked. Once again - I might be wrong.
Sometimes they return the forms back saying - please file it with a fee - sometimes they keep it - WE DONT KNOW
I don't think so. For an appeal - those boxes must be checked. Once again - I might be wrong.
Sometimes they return the forms back saying - please file it with a fee - sometimes they keep it - WE DONT KNOW
more...
willwin
06-05 09:59 AM
I am not sure. Here is what my opinion is :
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
I am sorry but I don't agree with you.
He never said he was running a charity for immigrants or an active supporter of IV.
Despite, he has been helping several immigrants with very apt and prompt replies to several questions (most of them very basic and repetitive) and if that is a way to attract new clients, I don't see anything wrong in that approach. After all, it is his business and he is using his own website to promote his business!
Above all, his views on USCIS is very logic to me especially his way of reasoning retrogression. He says VISA cut off date movement is inversely proportional to USCIS efficiency. The higher their efficiency, lower the movement and vice versa.
I think he posts spicy messages on his forum to market himself. He uses strong language against USCIS to gain support from his prospective clients.
Has he ever stood up for immigrants other than writing strong worded posts? Give me examples as I do not know any? I may be wrong in my assumption.
I am sorry but I don't agree with you.
He never said he was running a charity for immigrants or an active supporter of IV.
Despite, he has been helping several immigrants with very apt and prompt replies to several questions (most of them very basic and repetitive) and if that is a way to attract new clients, I don't see anything wrong in that approach. After all, it is his business and he is using his own website to promote his business!
Above all, his views on USCIS is very logic to me especially his way of reasoning retrogression. He says VISA cut off date movement is inversely proportional to USCIS efficiency. The higher their efficiency, lower the movement and vice versa.
hot Face tattoos bring an
krishnam70
06-17 05:15 PM
Originally Posted by pappu View Post
- How has green card changed your life after receiving it?
It created some anxiety instead of joy. Of course you will understand why in a bit. Please see explanation below. Brought a home as the uncertainty was gone. I still do have to worry about some documentation for our son but that is fine.. More opportunities opened up with direct placements instead of subcontracting etc. Feel good factor has been great
- What did you do on the day you received it?
As I said we were anxious for a bit but there was a definite relief that the ordeal of 8 yrs was over. Called up few friends and informed. Called parents in India and informed them. They were happy though they do not know of the advantages.. Thanked GOD ! Uncorked some champagne and had a good time
- How did the long wait upset your life?
Really painful with Dhobi ka kutta na ghar ka na ghat ka types.. Major decisions in life were pending and a feeling of uncertainty haunting all the time.
- How did immigrationvoice help you during this long wait?
IV has been a fabulous place to get all the information. I used to go to other sites before this but after I joined IV this has been my home for Immi related issues. It helped me stay focussed some times and also better informed due to the various initiatives that were being taken up and discussed. Sometimes there were some flaming but it happens. I still have a RED dot against me from Ms Hemione with whom I had an argument about illegals.. not that I care much about it. Its been a definite learning experience for me
- Would you like to continue your support to immigration voice and help others waiting?
I visit the forum and read the issues and make calls to the senators and congressmen. Sent letter for the administrative fixes and active in my own way. I am not participating in the local chapter which is something I would like to address this coming few months.
- Any advice for everyone?
Easier said than done ! This process is extremely frustrating for most of the people who are in the queue. We are still in the queue for our son. We should do what ever is possible from our side to espouse our case and make us heard. IV has been a leader in this and we should support the cause in whatever way we can. Not everybody can contribute in the same way but at the end of the day each drop adds to the pool.
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
- I think I did, will check once again
IV you rock
- How has green card changed your life after receiving it?
It created some anxiety instead of joy. Of course you will understand why in a bit. Please see explanation below. Brought a home as the uncertainty was gone. I still do have to worry about some documentation for our son but that is fine.. More opportunities opened up with direct placements instead of subcontracting etc. Feel good factor has been great
- What did you do on the day you received it?
As I said we were anxious for a bit but there was a definite relief that the ordeal of 8 yrs was over. Called up few friends and informed. Called parents in India and informed them. They were happy though they do not know of the advantages.. Thanked GOD ! Uncorked some champagne and had a good time
- How did the long wait upset your life?
Really painful with Dhobi ka kutta na ghar ka na ghat ka types.. Major decisions in life were pending and a feeling of uncertainty haunting all the time.
- How did immigrationvoice help you during this long wait?
IV has been a fabulous place to get all the information. I used to go to other sites before this but after I joined IV this has been my home for Immi related issues. It helped me stay focussed some times and also better informed due to the various initiatives that were being taken up and discussed. Sometimes there were some flaming but it happens. I still have a RED dot against me from Ms Hemione with whom I had an argument about illegals.. not that I care much about it. Its been a definite learning experience for me
- Would you like to continue your support to immigration voice and help others waiting?
I visit the forum and read the issues and make calls to the senators and congressmen. Sent letter for the administrative fixes and active in my own way. I am not participating in the local chapter which is something I would like to address this coming few months.
- Any advice for everyone?
Easier said than done ! This process is extremely frustrating for most of the people who are in the queue. We are still in the queue for our son. We should do what ever is possible from our side to espouse our case and make us heard. IV has been a leader in this and we should support the cause in whatever way we can. Not everybody can contribute in the same way but at the end of the day each drop adds to the pool.
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
- I think I did, will check once again
IV you rock
more...
house girl with star tattoos on face lied
for_gc
07-23 11:27 AM
Hi Sanbaj,
Congratulations for getting your GC !!
What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?
Congratulations for getting your GC !!
What were the PD's on your two I140's ? Were you able to port the PD of EB3 to EB2 ?
tattoo Townquot; had star tattoos on
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.
more...
pictures with star tattoos on face
pd_recapturing
08-12 06:40 AM
^^^^bump^^^^
dresses Stars Face Tattoo *AD
brahmam
06-26 02:57 PM
I went to Kinko's .. $45 for 12 photos. Looks good, with no marks et al. one never knows ofcourse until one gets an RFE :D
more...
makeup face star tattoo girl.
vivid_bharti
04-24 02:42 PM
People are thinking they give $100-$200 or $1000 to IV and their duty is done, they have no clue what we are up against...
girlfriend Face Layer (Star Tattoos). B0bd7ac5c8cf4e70cab53fe67e0d255e
Karthikthiru
11-25 01:14 PM
Great Job by IV
hairstyles face tattoo. tattoo their
gc_nebraska
03-26 11:44 AM
Hi Guys,
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
My younger brother just entred US last OCT , If you live in Dallas you can go to any DMV rules are different in different counties my bro went to Denton county and no questions asked matter of fact he got a 6yrs valid DL (technically he should be getting it until his H1B is valid ) . I would say either go to Carrollton or Denton county DMV.
I am not sure if this is the trend everywhere only in TX. The DPS - Department of public Safety which is issuing Driving License started asking for the Employment Verification or latest Pay Slip. I asked the officer if its the new requirement and she replied Yes, its started recently. If you are in H1 or H4 visa, you need to prove that you are still in job and getting paid. One more nail in the coffin.
Thanks
My younger brother just entred US last OCT , If you live in Dallas you can go to any DMV rules are different in different counties my bro went to Denton county and no questions asked matter of fact he got a 6yrs valid DL (technically he should be getting it until his H1B is valid ) . I would say either go to Carrollton or Denton county DMV.
logiclife
01-09 12:15 PM
Is a divorced spouse entitled to COBRA coverage from their former spouses� group health plan?
Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee�s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.
Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA.
If I waive COBRA coverage during the election period, can I still get coverage at a later date?
If a qualified beneficiary waives COBRA coverage during the election period, he or she may revoke the waiver of coverage before the end of the election period. A beneficiary may then elect COBRA coverage. Then, the plan need only provide continuation coverage beginning on the date the waiver is revoked.
Under COBRA, what benefits must be covered?
Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). A change in the benefits under the plan for the active employees will also apply to qualified beneficiaries. Qualified beneficiaries must be allowed to make the same choices given to non-COBRA beneficiaries under the plan, such as during periods of open enrollment by the plan.
When does COBRA coverage begin?
COBRA coverage begins on the date that health care coverage would otherwise have been lost by reason of a qualifying event.
How long does COBRA coverage last?
COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage.
Coverage begins on the date that coverage would otherwise have been lost by reason of a qualifying event and will end at the end of the maximum period. It may end earlier if:
Premiums are not paid on a timely basis
The employer ceases to maintain any group health plan
After the COBRA election, coverage is obtained with another employer group health plan that does not contain any exclusion or limitation with respect to any pre-existing condition of such beneficiary. However, if other group health coverage is obtained prior to the COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.
After the COBRA election, a beneficiary becomes entitled to Medicare benefits. However, if Medicare is obtained prior to COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.
Although COBRA specifies certain periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods.
Some plans allow participants and beneficiaries to convert group health coverage to an individual policy. If this option is generally available from the plan, a qualified beneficiary who pays for COBRA coverage must be given the option of converting to an individual policy at the end of the COBRA continuation coverage period. The option must be given to enroll in a conversion health plan within 180 days before COBRA coverage ends. The premium for a conversion policy may be more expensive than the premium of a group plan, and the conversion policy may provide a lower level of coverage. The conversion option, however, is not available if the beneficiary ends COBRA coverage before reaching the end of the maximum period of COBRA coverage.
Who pays for COBRA coverage?
Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus 2 percent for administrative costs.
For qualified beneficiaries receiving the 11 month disability extension of coverage, the premium for those additional months may be increased to 150 percent of the plan's total cost of coverage.
COBRA premiums may be increased if the costs to the plan increase but generally must be fixed in advance of each 12-month premium cycle. The plan must allow you to pay premiums on a monthly basis if you ask to do so, and the plan may allow you to make payments at other intervals (weekly or quarterly).
The initial premium payment must be made within 45 days after the date of the COBRA election by the qualified beneficiary. Payment generally must cover the period of coverage from the date of COBRA election retroactive to the date of the loss of coverage due to the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30-day grace period for payments. Payment is considered to be made on the date it is sent to the plan.
If premiums are not paid by the first day of the period of coverage, the plan has the option to cancel coverage until payment is received and then reinstate coverage retroactively to the beginning of the period of coverage.
If the amount of the payment made to the plan is made in error but is not significantly less than the amount due, the plan is required to notify you of the deficiency and grant a reasonable period (for this purpose, 30 days is considered reasonable) to pay the difference. The plan is not obligated to send monthly premium notices.
COBRA beneficiaries remain subject to the rules of the plan and therefore must satisfy all costs related to co-payments and deductibles, and are subject to catastrophic and other benefit limits.
If I elect COBRA, how much do I pay?
When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount, that is, the portion of the premium that you paid as an active employee and the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee.
While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.
Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively-from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer.
You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement.
Although they are not required to do so, some employers may subsidize COBRA coverage.
Can I receive COBRA benefits while on FMLA leave?
The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.
Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, U.S. Department of Labor, Employment Standards Administration.
Under COBRA, participants, covered spouses and dependent children may continue their plan coverage for a limited time when they would otherwise lose coverage due to a particular event, such as divorce (or legal separation). A covered employee�s spouse who would lose coverage due to a divorce may elect continuation coverage under the plan for a maximum of 36 months. A qualified beneficiary must notify the plan administrator of a qualifying event within 60 days after divorce or legal separation. After being notified of a divorce, the plan administrator must give notice, generally within 14 days, to the qualified beneficiary of the right to elect COBRA continuation coverage.
Divorced spouses may call their plan administrator or the EBSA Toll-Free number, 1.866.444.EBSA (3272) if they have questions about COBRA continuation coverage or their rights under ERISA.
If I waive COBRA coverage during the election period, can I still get coverage at a later date?
If a qualified beneficiary waives COBRA coverage during the election period, he or she may revoke the waiver of coverage before the end of the election period. A beneficiary may then elect COBRA coverage. Then, the plan need only provide continuation coverage beginning on the date the waiver is revoked.
Under COBRA, what benefits must be covered?
Qualified beneficiaries must be offered coverage identical to that available to similarly situated beneficiaries who are not receiving COBRA coverage under the plan (generally, the same coverage that the qualified beneficiary had immediately before qualifying for continuation coverage). A change in the benefits under the plan for the active employees will also apply to qualified beneficiaries. Qualified beneficiaries must be allowed to make the same choices given to non-COBRA beneficiaries under the plan, such as during periods of open enrollment by the plan.
When does COBRA coverage begin?
COBRA coverage begins on the date that health care coverage would otherwise have been lost by reason of a qualifying event.
How long does COBRA coverage last?
COBRA establishes required periods of coverage for continuation health benefits. A plan, however, may provide longer periods of coverage beyond those required by COBRA. COBRA beneficiaries generally are eligible for group coverage during a maximum of 18 months for qualifying events due to employment termination or reduction of hours of work. Certain qualifying events, or a second qualifying event during the initial period of coverage, may permit a beneficiary to receive a maximum of 36 months of coverage.
Coverage begins on the date that coverage would otherwise have been lost by reason of a qualifying event and will end at the end of the maximum period. It may end earlier if:
Premiums are not paid on a timely basis
The employer ceases to maintain any group health plan
After the COBRA election, coverage is obtained with another employer group health plan that does not contain any exclusion or limitation with respect to any pre-existing condition of such beneficiary. However, if other group health coverage is obtained prior to the COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.
After the COBRA election, a beneficiary becomes entitled to Medicare benefits. However, if Medicare is obtained prior to COBRA election, COBRA coverage may not be discontinued, even if the other coverage continues after the COBRA election.
Although COBRA specifies certain periods of time that continued health coverage must be offered to qualified beneficiaries, COBRA does not prohibit plans from offering continuation health coverage that goes beyond the COBRA periods.
Some plans allow participants and beneficiaries to convert group health coverage to an individual policy. If this option is generally available from the plan, a qualified beneficiary who pays for COBRA coverage must be given the option of converting to an individual policy at the end of the COBRA continuation coverage period. The option must be given to enroll in a conversion health plan within 180 days before COBRA coverage ends. The premium for a conversion policy may be more expensive than the premium of a group plan, and the conversion policy may provide a lower level of coverage. The conversion option, however, is not available if the beneficiary ends COBRA coverage before reaching the end of the maximum period of COBRA coverage.
Who pays for COBRA coverage?
Beneficiaries may be required to pay for COBRA coverage. The premium cannot exceed 102 percent of the cost to the plan for similarly situated individuals who have not incurred a qualifying event, including both the portion paid by employees and any portion paid by the employer before the qualifying event, plus 2 percent for administrative costs.
For qualified beneficiaries receiving the 11 month disability extension of coverage, the premium for those additional months may be increased to 150 percent of the plan's total cost of coverage.
COBRA premiums may be increased if the costs to the plan increase but generally must be fixed in advance of each 12-month premium cycle. The plan must allow you to pay premiums on a monthly basis if you ask to do so, and the plan may allow you to make payments at other intervals (weekly or quarterly).
The initial premium payment must be made within 45 days after the date of the COBRA election by the qualified beneficiary. Payment generally must cover the period of coverage from the date of COBRA election retroactive to the date of the loss of coverage due to the qualifying event. Premiums for successive periods of coverage are due on the date stated in the plan with a minimum 30-day grace period for payments. Payment is considered to be made on the date it is sent to the plan.
If premiums are not paid by the first day of the period of coverage, the plan has the option to cancel coverage until payment is received and then reinstate coverage retroactively to the beginning of the period of coverage.
If the amount of the payment made to the plan is made in error but is not significantly less than the amount due, the plan is required to notify you of the deficiency and grant a reasonable period (for this purpose, 30 days is considered reasonable) to pay the difference. The plan is not obligated to send monthly premium notices.
COBRA beneficiaries remain subject to the rules of the plan and therefore must satisfy all costs related to co-payments and deductibles, and are subject to catastrophic and other benefit limits.
If I elect COBRA, how much do I pay?
When you were an active employee, your employer may have paid all or part of your group health premiums. Under COBRA, as a former employee no longer receiving benefits, you will usually pay the entire premium amount, that is, the portion of the premium that you paid as an active employee and the amount of the contribution made by your employer. In addition, there may be a 2 percent administrative fee.
While COBRA rates may seem high, you will be paying group premium rates, which are usually lower than individual rates.
Since it is likely that there will be a lapse of a month or more between the date of layoff and the time you make the COBRA election decision, you may have to pay health premiums retroactively-from the time of separation from the company. The first premium, for instance, will cover the entire time since your last day of employment with your former employer.
You should also be aware that it is your responsibility to pay for COBRA coverage even if you do not receive a monthly statement.
Although they are not required to do so, some employers may subsidize COBRA coverage.
Can I receive COBRA benefits while on FMLA leave?
The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.
Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, U.S. Department of Labor, Employment Standards Administration.
lfadgyas
04-16 11:19 AM
EB3:
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
it was moved with 1 (one) year from AUG-01-2002 to AUG-01 2003 - was it? Or they just entered wrongly???
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