Mike Tyson Tattoos

"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?

This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.

A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.

Hi JunRN. After reading your post I googled if labor certification does have an expiration. According to: http://www.hooyou.com/lc/faq.html , it doesn't. Did you have to re-apply for yours? Thanks!

Make thing worse....your labor expires after six months, so you have to re-apply again..and again...and again...and again...and again....

im waiting for the groans and moans

You don't have to wait you could do some work at your office.

FBI background check delay is the only reason why visa numbers are wasted every year.

I am not sure either way, however I have heard the FBI comment that they only flag a small fraction of cases. IF that is true, then the USCIS may just be using the FBI as an excuse.

jasquil

Guys, Thank you all for the support. I have responded with the same kindness. (Just the greens)

And for those who gave reds, I always thought in spite of the gloominess, we still want to ponder at what the new bulletin has is in store. Anyways, thanks to you all too. Have now learnt that discussing future VBs has become a Taboo.

I saw lud chnage on my 485 on 2/5/09. How long the finger prints are valid?
Is any one's LUD changed recently?

Would you mind sharing the process of getting the PPF from your old employer in India? i.e. what kind of forms do I need to request? What kind of documentation is needed etc?

I closed my PPF account twice and never paid a single paisa. The second one I closed when I was in US and got the forms here through my old employer and Signed and send those form back to that employer , they filed it, Don'y know if they attached "NOC" but I got all of my money (close to INR80K) in 2 or 3 weeks at my home address in India.

I guess no one needs to pay money for to PPF in any state all you need tyo do is follow the proper instructions, It's as good as in any bank.

Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.

From from the article. "On wooing back Indian talent, Murthy said there was no need to increase their salaries by 50 times to ensure this. But their lives could be made easier by providing schools, making sure that power condition and commuting is reasonably all right " Looks like he wants to still have the "less expensive" advantage over non-Indian companies / competition and he just wants more and easy H1B's and does not like the path to permanent residency and eventually citizenship and integrating with the American society - which is what American immigration is for. Just need the $$$. Though there are many good to learn from this company and this man, I do disagree with his views when it comes to immigration to USA.

Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

Well, what is the point in saying it now, he should have said it in the 90s and early 2000 when industry was booming and people found a career path in coming to the US.
Right now, so much work is outsourced and it is continuing. Very difficult to get a IT job in US on h1b and IT consulting on h1b also facing so many hurdles. For any new immigrant on a software job who wants to get a h1b visa and green card - it is not an easy task.

guys please vote for encouragement

dang....sandy_77... is this for real ? hearing your story i don't even wanna take a chance. Contact IV i'm sure they can help you. This totally doesn't make sense. I wish you luck... sooon! Please keep us posted on what's going on.

Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.

Thanks for your advice. But no thanks for your so called community service. I am just wondering how come a eight months old thread showed in your PC suddenly and automatically. Basically you are ruining your reputation by your cheap tricks. In fact I had a good respect for you before you started posting here and recommended some of friends to you. But no longer. I will write to admins to ban you...you also proved not interested to pay for ad here and want a free meal. The reason everyone thinks you are looking for business here...you never give any elobrative answer. All the time you are asking people to contact you privately. But no thanks.

Taking up the DREAM Act issue will strengthen the IV cause...by showing how legals are getting short-changed from every angle on the entire immigration issue.

It requires a very small change in the DREAM Act as contained in CIR. Just remove the clause that says it will apply to Z visa holders. In any case, Z visa no longer exists since CIR failed. But I am afraid the will replace it by some condition requiring undocumented presence. Remaining conditions apply to legals as well:

(from the failed CIR)

� Have maintained continuous physical presence in the U.S. since 1/1/07
� Was under 30 years of age on date of enactment
� Was under age 16 at time of initial entry into U.S.
� Have obtained U.S. high school diploma or GED
� Have not been absent from the U.S. for more than 365 total days during period of conditional residence (except those absent due to U.S. military service)
� Have acquired a degree from a U.S. higher ed institution; or completed 2 years in Bachelor�s degree program or higher at such an institution; or have served at least 2 years in the U.S. military
� Has provided a list of all of the secondary educational institutions he or she has attended in the U.S

If the push is for amendment to include legal kids , I would be more than happy to support any effort. I can only offer tepid support if it is exclusively for kids of undocumented people. Both kind of kids are here because of their parents' actions.

Agree with you on the point that any request for amendments to include documented kids should increase the visibility for IV ..

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.

Guys, I have no travel plans for now. But as an FYI, If my AP or for that matter my EAD expires before renewal, can you apply for a new EAD/AP? :confused: Assuming you cannot renew them anymore, of course I doubt you can.

I concur.

Thanks.
Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application

Not only that, USCIS or any other govt. agency can make rules and make them effective retroactively. In other words, they can come up with a final rule in July 2008 and can say that this rule is effective July 2005.

That is why, I call GC a game where if your opponent feels that he is losing, he can change the rule of the game on the fly.

It looks like USCIS can make any new laws or change rules of game anytime. They live by their will.

a couple of my older broz friends make like $220 / hr:rolleyes:

Venky..
That was funny...no offense, but i think you meant "dessert"....
After reading all this, my story is even funnirer. I went to India to get engaged (arranged) when the dates became current...and not they rolled back to 1000BC.... Now I am engaged, and hearing all these wife stores feel quite screwed...lol..


reminds me of a popular hindi maxim:
"Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"

loosely translated in english it means

Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...

(thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)

And I'll never forget it. ;)

That accounts for two of my votes, and a few others have said they voted for me, but I think there's one or two mystery votes. Same for everyone, really. :)

Shana,
Nice to know that you started the process. Did you send the job transfer letter to USCIS along with H1B transfer or you just did H1b transfer (with plan to send the letter later).

In a way it�s nice that USCIS is tracking all applications together (H1B transfer, I140, I485 for a candidate). It atleast gives the confidence that they are tracking all together and may not get any RFE�s to give them copy of I140 or such.

Please share any updates.
- kishdam

H1B transfer was regular transfer but my new employer used the same job code as specified in labor.

My attorney, then send the AC21 with new employer offer letter to uscis.

hope this helps