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  • logiclife
    01-09 12:00 PM
    Hi,

    I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.

    So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?

    Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!

    Appreciate your answers.

    Firstly, COBRA has pretty much nothing to do with AC21.

    COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).

    I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.

    Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.

    Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.

    You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.


    Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.

    Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.

    So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.

    But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.

    On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.

    This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?

    Links on COBRA :

    DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm





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  • lotsofspace
    01-04 09:45 AM
    I wish....;)

    Don't wish it loud......it might just come true :)





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  • pappu
    08-09 12:52 PM
    Hope this helps.

    Pappu, there is nothing wrong in seeking exact clarification though from USCIS because things are not really clear on this regard and its better to get clear cut answer to the immigrant community..

    Let's see examples of real cases. Not 'opinions'.





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  • eb3retro
    01-13 11:10 AM
    just came back from india via frankfurt using AP. no h1b in passport. no questions asked, no one even verified AP. so, i can confirm that, i just came back 10 days ago. hope this helps. Took lufthansa.



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  • arunkotte
    07-19 10:00 AM
    This is not the case for me....but during a discussion with my attorney and other friends contacts they said if you do not attach the medicals now you may get RFE at a later stage...which you can resolve it.

    I bet any RFE can be articulated with reason by attorney if they are smart enough.

    This is something I heard...but do not hold me on that. Please check with your attorney too and make a decesion.


    May not be enitrely true. Medical report is part of the initial evidence now, so its better to send it with 485 application instead of relying on RFE. Also your wife is already in home country, she can get all the shots required there. best option is for her to prepone her travel if possible. yet another option is for you to go ahead and file yours first and add her later. Please check with your attorny about all these options.





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  • ragz4u
    04-01 12:49 PM
    Apologies to eb3retro and logiclife...I had to delete your posts to make this summary post

    We already have folks in the following firms willing to talk to their employers. If you are from one of these firms, why don't you join your fellow colleagues in approaching your decision makers. Send us an email and we will put you guys in touch with each other

    1) Siemens Power Generation
    2) Microsoft
    3) Barclays bank
    4) Oracle Corporation

    The following folks have already sent the fax, Count = 80

    Anai
    Ragz4u
    latina
    masala_dosa
    aparnak
    felix31
    radosav
    gc_bucs
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    logiclife
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  • Sheila Danzig
    04-19 11:13 AM
    There is an unpublished appeals office decision supporting the 3+2 equivalency to a US masters. It appears that some adjudicator do not necessarily follow the AAO decision however an attorney told me that if the case goes back to the AAO office then the AAO follows their own decisions. As far as I know the cases I am familiar with all were approved at some point (or are pending) when the AAO case was sited.

    As far as the 3 year bachelor degree equivalence to a US bachelor degree there are notes from an AILA liaison meeting where USCIS stating: "Credential evaluations that provide a details comparison of credit hours completed by the beneficiary for the 3 year bachelor's degree program with credit hour required by comparable U.S. bachelor's degree program." Exactly what is meant by this is not clear. However, one might say that this indicates that they are at least open to accepting the 3 year equivalency to a bachelors degree.

    Our experience is mixed. We have had many approvals when showing the 3 year degree equivalent to a US bachelor degree and we have had denials. In examining the differences it appears that when the attorney makes a strong case in addition to the evaluation the rate of approvals is higher. We don't have exact statistics since many clients do not report back.

    There are some cases where 10+2+3+2 got approved in EB2. But lately CIS has been interpreting the BS requirement to read single source degree. Combination of degrees to equate to the bachelors is not allowed for EB2 purpose.

    I agree, they had given approvals under EB2 with a 3 year degree. I have few friends who dont even have Indian masters (like MCA) after 3 year Indian degree (BSc , BCom) i.e 10+2+3+1 year diploma from computer institute, but got approved under EB2 and now citizens.





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  • mmj
    04-20 02:50 PM
    Thanks! Now we need 49,995 more :)

    Just wrote to whitehouse and to my senator.



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  • mailsunnydeol
    07-22 01:35 PM
    Here are my details on EAD renewal:
    Type: e-filed

    Self:
    RD: 06/19/08
    Docs Sent: 07/08/08
    FP: 07/16/08
    LUD: 07/21/08
    AD: 07/21/08

    Wife:
    RD: 06/19/08
    Docs Sent: 07/08/08
    FP: 07/16/08
    LUD: 07/16/08
    AD: ?





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  • dingudi
    11-19 01:51 PM
    I dont know what to do. I opened an SR on Oct 8,2007. My ND is Sept 10. And so far no FP appointment yet. My app is at TSC.

    Apahilaj/anyone with similar dates , did you guys get the FP yet.



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  • mhb
    07-06 03:20 PM
    Are you saying it will now be mentioned in tomorrow's (7/7/07) news telecast? That might be lucky for us then...
    Yup thats what he told me
    :D





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  • tabletpc
    09-24 12:13 PM
    u r PD is March 2006, when was it current...???

    In case u r GC got approved while u r PD was current then, sorry to say as for as my knwoledge goes, you may not have much option other than bringing u r spouse on F1/L1/H1.



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  • imm_pro
    10-11 07:43 PM
    Looks like you know a lot about non profit companies that sponsor cap exempt h1bs, can you please provide a list or a few jobs that are posted under this category...or atleast where to start looking for these jobs...?

    These kind of cap exempt visas are only sponsered by Universities and very few research organizations....there arent many comapnies out there for non profit reasons..please dont throw suggestions/advices just for the heck of it...





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  • snathan
    03-26 10:42 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



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  • GotGC??
    03-27 12:04 PM
    Anyone in the Bay Area planning to meet the local law makers? I'd like to join.





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  • pappu
    11-02 12:55 PM
    WOW...

    In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!

    People do not like gloomy predictions. :)

    Here is a positive prediction for a change. EB3 I may move a bit.;)



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  • aravindan_kv
    08-19 01:05 PM
    My case
    PD > DEC, 29, 2004
    I140 Approval: march 26, 2008,
    I485 Receive date : Aug 7 ,2007
    I485 Notice date : Sept 15 ,2007
    Status: Pending :
    Service Center: NSC

    Taken Infopass appointment August21 , Let see what updates i will be getting from them





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  • jonty_11
    05-15 11:21 AM
    like everything else CHC will block this too...they want to put illegals ahead of everyone else....

    It is not just they - but the industries who employ them and depend on them .As much as we may want to call them illegals - they are a part of economy and will continue to be as long as their employers continue to hire them at lower wages to boost their profits.





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  • sanz
    05-11 12:28 PM
    agree with black tongue... at least we are much better than their scenario





    shukla77
    05-29 09:08 PM
    Let us see if we can get at least 200 people who vote on this. Many the great souls are talking about complaining to USCIS about EB1s getting GCs using shortcuts. Some of them suggested LET US write to ombudsman office and USCIS & blah blah. Let us see how many folks come forward and vote for this.





    Munna Bhai
    05-15 04:14 PM
    This guy manhandled his wife and was in the jail for one day. Read his previous post in this forum. Why you are so compassanate for a women beater. ?. Now he want to marry another women. Who knows he will do same thing to her also?. Munna Bhai read his post and comment. IV is for good cause; not for people with criminal behaviour.

    Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...

    Looks like you already received GC and you have great & lot of time to get into other issue.



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