raysaikat
01-19 04:23 PM
My wife's co. provides health insurance for both of us. We are both on H1-B.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.
If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
If my wife quits her job, can we still be eligible for COBRA because at that point she will be doing COS to H4.
If someone has any experience or knowledge about this please reply. It will help us deal things better as we are better prepared with what could be our options.
Does COBRA depend on H1-B status? Also recently Obama administration has worked a plan where the payments on COBRA are less than the usual amounts, COBRA subsidy? Can you provide details regarding that?
In COBRA, you would have to pay the *entire* insurance cost from your pocket. It may comes out $500-$1000 to be a month per person depending on the state and coverage. Unless you have a known condition that makes you very risky, it is usually too expensive to carry forth.
Note by the way, the catch of some individual insurances (not COBRA). Other than being costlier, many of them consider each period as a "new" enrollment (even if you are getting the same insurance from the same company), and therefore, they will declare anything that was found in the previous period as "pre-existing" in the new period and deny coverage.
Read fine prints very carefully.
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suratvoice
12-17 10:46 AM
I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
thirumalkn
07-23 06:26 PM
Hi all,
I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.
If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.
1. As soon as AOS (I-485) is filed.
2. After getting the I-485 receipt.
3. After the Finger Printing process (Biometric).
4. After getting the EAD.
5. After the 180 days mark (since the date of file) using AC21 portability.
6. After the I-485 is approved.
7. Only after getting the Green Card on hand.
Please provide references if there are any clear legal / procedural documents explaining this online.
I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.
If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.
1. As soon as AOS (I-485) is filed.
2. After getting the I-485 receipt.
3. After the Finger Printing process (Biometric).
4. After getting the EAD.
5. After the 180 days mark (since the date of file) using AC21 portability.
6. After the I-485 is approved.
7. Only after getting the Green Card on hand.
Please provide references if there are any clear legal / procedural documents explaining this online.
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jnraajan
01-18 10:54 AM
You cannot become a Canadian Citizen, just because you are on H1 in the US. The only advantage is you can apply for Permanent Residency from the US, which is much faster than applying from India. Once, you get your Green Card, you still should maintain residency in Canda, before you apply for Citizenship.
Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.
Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.
more...
nat23
03-14 07:51 PM
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
You need an unexpired visa (approval notices wont work)
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
You need an unexpired visa (approval notices wont work)
wandmaker
10-24 02:46 PM
Some one left me this comment with disapproval :)
http://immigrationvoice.org/forum/images/reputation/reputation_neg.gifone-way ticket (http://immigrationvoice.org/forum/showthread.php?p=298791#post298791)10-24-2008 10:56 AMYou donot know any thing
http://immigrationvoice.org/forum/images/reputation/reputation_neg.gifone-way ticket (http://immigrationvoice.org/forum/showthread.php?p=298797#post298797)10-24-2008 10:15 AM.
Whomsover it may be - I beleive, it is slow day (/ no work ) at work for you!
http://immigrationvoice.org/forum/images/reputation/reputation_neg.gifone-way ticket (http://immigrationvoice.org/forum/showthread.php?p=298791#post298791)10-24-2008 10:56 AMYou donot know any thing
http://immigrationvoice.org/forum/images/reputation/reputation_neg.gifone-way ticket (http://immigrationvoice.org/forum/showthread.php?p=298797#post298797)10-24-2008 10:15 AM.
Whomsover it may be - I beleive, it is slow day (/ no work ) at work for you!
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addsf345
07-17 07:19 PM
Please read this: Entering Canada � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)
Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.
The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.
while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?
Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.
The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.
while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?
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greencardfever5
08-23 07:56 PM
I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
more...
sonu
10-06 10:02 AM
Hi,
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
I am in the same situation as your, USCIS website shows that my wife's AP approved and mine is still pending at TSC. I called USCIS yesterday , they told me to wait for 90 days from notice date.
I am a July 2nd filer and I got my receipt notices, EADs and completed the FP too. I didnt get the AP yet but my wife's AP shows as approved. When I talked to an IO couple of days ago, she said my AP is approved but they didnt update the website. I called USCIS Customer Service today 3 to 4 (it seems they keep track of it) times and each gave me a different information. Sometimes they said they have Aug 17th as the receipt date but my receipt date is July 2nd(on the RN) and Aug 20th is the ND. So, I dont know what this Aug 17th date is and they say that is what they have in their systems as received date and I am still in the processing time. I am confused. According to my attorney, my wife's AP shudnt have been approved without my AP getting approved since I am the primary applicant.
Do I need to worry or just wait some more days? I am mainly worried that they have the wrong date as receipt date in their system and it might affect on future processing.
Thank you for any kind of input.
I am in the same situation as your, USCIS website shows that my wife's AP approved and mine is still pending at TSC. I called USCIS yesterday , they told me to wait for 90 days from notice date.
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copsmart
06-16 07:23 PM
Thanks for the update! Congrats!
By receipt date do you mean "received date" or "notice date"?
Was there any SLUDs prior to the CPO?
Receipt date 5/13 WAC receipt
Card production ordered : 6/16
By receipt date do you mean "received date" or "notice date"?
Was there any SLUDs prior to the CPO?
Receipt date 5/13 WAC receipt
Card production ordered : 6/16
more...
scorpsdude
07-15 04:33 PM
Don't get scared if you forget to hand over I-94 . this one point given on US Custom & Border Protection website will give you some relief:
-------------
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your re-entry next time you come back to the United States.
-------
Here is the link to the full article. Hope this helps.
https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=9VyH5fGh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NDcmcF9wcm9kcz0yMywzMiZwX2NhdHM9MCZwX3B 2PTIuMzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlY XJjaF9ubCZwX3BhZ2U9MQ**&p_li=&p_topview=1
-------------
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your re-entry next time you come back to the United States.
-------
Here is the link to the full article. Hope this helps.
https://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=9VyH5fGh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9NDcmcF9wcm9kcz0yMywzMiZwX2NhdHM9MCZwX3B 2PTIuMzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlY XJjaF9ubCZwX3BhZ2U9MQ**&p_li=&p_topview=1
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johny120
08-24 08:52 AM
So just to be clear:
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
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nk2006
10-16 03:56 PM
Hi
Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
Kambi,
First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.
I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.
IV core/pappu,
You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.
Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
Kambi,
First of all let me congratulate you for planning ahead and preparing for getting green card. It�s always better to know the details ahead. The whole process as it stands now can take several years even for people from Rest-Of-World (for people born in India, China and Mexico its much, much, much worse). In general LC/PERM and I140 can be done in about six months time (give or take a few months which should not bother you much as you will be in early days of H1b). I485 is the step that takes longest and the processing times depend on the job classification. With current laws it can take several years before even you can submit application. But if SKIL bill or something similar is passed in US congress; your whole application process time can come down drastically (well there might still some issues because of load, but at least you can change jobs and still continue the process). Now the question is will that SKIL bill will be passed or not? � it�s beyond anyone�s guess but it is possible if we as a group try harder and do everything that we can. This is once in a long while chance to change our plight. Many analysts/experts feel that contentious issues like immigration will not be taken up near presidential elections which are in �08 so our best chance is next few months. Please spread the word about IV among your friends/peers.
I am directly appealing to you because I have talked to many young friends like you who are in school. Their general attitude is it�s not their problem and that they are far too away from the point to worry about GC. Guess what, I used to think same a few years back and am here stuck in this retrogession. One good thing is now we have an organized effort (thanks to IV core team) and IV team showed us that they know what they are doing and are putting serious effort. Please spread the word about IV and make them members.
IV core/pappu,
You might have already done this but still thought of suggesting: most of universities in US have lots of foreign students in masters and bachelors programs and they have associations like Chinese students association, Indian students association. Can we send them info about IV; specifically explaining them how Greencard/H1B delays can cause issues with their career and explaining how IV is trying to get the SKIL bill passed. That bill is a lot advantageous for people getting degrees in USA and they should be excited to become members. Since these guys/gals are young and energetic their involvement would be really good for us. A group of people can volunteer and collect email addresses of these associations and we can send a general format letter to them. I volunteer to do some work in this effort. Let us know. Thanks.
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walking_dude
11-06 10:20 AM
Members from MI, please join your state chapter.
Thank You.
Thank You.
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Edison99
09-30 12:15 PM
Thanks for the link!
Central Board of Excise and Customs (http://www.cbec.gov.in/)
Personally we never had problem carrying personal Jewelery.
Central Board of Excise and Customs (http://www.cbec.gov.in/)
Personally we never had problem carrying personal Jewelery.
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pappu
11-14 02:27 PM
Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.
What does this mean? Kiss my LC good bye? Please explian
ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.
What does this mean? Kiss my LC good bye? Please explian
ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.
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dhesha
08-30 01:33 PM
did you ask them if the processing date on the website includes applications received on July 2 also? I know it is not clear... but maybe if you had asked them...?
Mine is July 2 and he said my file is with in processing dates and they should be working on it so I wd assume it is <=
Mine is July 2 and he said my file is with in processing dates and they should be working on it so I wd assume it is <=
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NikNikon
June 16th, 2005, 03:54 PM
Hey Anders, I gave a go at lightening your shot. Would be interested in how yours came out as well.
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champu
03-12 09:46 PM
Thank you all. I hope this year all of you would also sail through this tough journey.
ss777
12-01 07:35 PM
It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.
meridiani.planum
04-07 01:05 AM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
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