gcganapati
05-29 09:46 PM
Guys ,
Please vote yes and leve some comments
Please vote yes and leve some comments
wallpaper La La Vasquez, Carmelo Anthony
485Mbe4001
01-31 12:49 PM
if any GC applicants are contracted to write new code for their system, please remember to insert some logic to 'take care' of the visa number distribution algorithms :D ...( just a joke)
The article doesnt use the word 'faster' :>
"The increases, which have been under consideration for months, would raise nearly $1 billion for U.S. Citizenship and Immigration Services. The troubled $2 billion-a-year agency has antiquated paper systems that have fed years-long delays for applicants and fears that terrorists might slip through the cracks."
USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.
- gs
The article doesnt use the word 'faster' :>
"The increases, which have been under consideration for months, would raise nearly $1 billion for U.S. Citizenship and Immigration Services. The troubled $2 billion-a-year agency has antiquated paper systems that have fed years-long delays for applicants and fears that terrorists might slip through the cracks."
USCIS filing fees are a fraction of my attorney's fees. If this means faster processing, I am all for it.
- gs
texanmom
08-28 05:40 PM
I know this is not the right place..but I didn't know where else to post this. Sorry about that.
Has the congresswoman been contacted for this rally? She would be a powerful voice to have on our side.
I am sure the IV core team has thought about this...but I didnt read about it anywhere on the forums. If there is something, please point me to it.
Has the congresswoman been contacted for this rally? She would be a powerful voice to have on our side.
I am sure the IV core team has thought about this...but I didnt read about it anywhere on the forums. If there is something, please point me to it.
2011 LaLa Vazquez and Carmelo
pooja_34
12-20 01:01 PM
Good to hear that NY consulate is responsive. Houston and SF never answer the phone !!!
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
I am very happy with the customer services of New York Indian Consulate. All our passport renewals (4 during last 3 years) happened in a timely fashion and that too thru post without any personal visit. Whenever I e-mailed them with a question, I received answers promptly. I called them to know about status and received precise replies.
more...
Ramba
02-20 10:16 AM
As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.
Michael chertoff
11-11 09:50 AM
The following is my prediction....
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01DEC06 22MAY06 C C
3rd 01APR05 01DEC03 01FEB02 01MAY01 22JAN05
Dear tselva,
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01DEC06 22MAY06 C C
3rd 01APR05 01DEC03 01FEB02 01MAY01 22JAN05
Dear tselva,
why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.
i dont have any hope in December bulletin, waiting for next year.
Anyways, I hope all of us should get out of this mess ASAP.
Thanks
MC
more...
gccube
09-09 02:27 PM
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"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"?
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"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"?
2010 carmelo anthony wife and son.
Bpositive
05-09 11:24 PM
Now that you have green cards, you may have considered/thought about reentry permits.
Can you get multiple reentry permits i.e one 2 permit followed by a second 1 or 2 year permit?
Can you get multiple reentry permits i.e one 2 permit followed by a second 1 or 2 year permit?
more...
vine93
01-05 11:11 AM
Dear friends:
As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.
Reasons why you should do PMP
1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.
I hope this should help some of you to make a decision to be a PMP or not.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
Wrong !!
I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ).
IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.
As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.
Reasons why you should do PMP
1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.
I hope this should help some of you to make a decision to be a PMP or not.
2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
Wrong !!
I work for IBM and IBM just recently outsourced almost all the PM's and SDM's job to India only ( Not to China because of English speaking ability ).
IBM got tonnes of skilled MBA's with english speaking. As of now hardly I see any PM's from US during calls. But I admire you for all the other points. well said.
hair Family Affair: LaLa Vazquez,
gk_2000
07-29 01:57 AM
Just listened to it from home.
God help us if such ignoramuses are at the helm of decisionmaking
God help us if such ignoramuses are at the helm of decisionmaking
more...
guyfromsg
09-07 11:56 PM
I am taking Jetblue from Oakland to Dulles Airport in DC reaching on Sunday (09/16)morning
I will be staying at http://hotel-harrington.com/aboutus.htm
A couple other folks from California will be staying at this Hotel. if you want we may be able to get a group discount.
It's sold out now..I'm flying from GA and have booked in Quality inn in Arlington. I would like to stay where you guys are staying..but it's not longer there :(
I will be staying at http://hotel-harrington.com/aboutus.htm
A couple other folks from California will be staying at this Hotel. if you want we may be able to get a group discount.
It's sold out now..I'm flying from GA and have booked in Quality inn in Arlington. I would like to stay where you guys are staying..but it's not longer there :(
hot Carmelo Anthony and son
keepon
07-15 09:05 PM
also I want to know, could I only apply for AP, or should I apply EAD AND AP together?
more...
house house Carmelo Anthony, his
nrk
11-03 12:08 PM
Hi Shirdibaba,
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
tattoo *Kiyan Carmelo Anthony turned
gc_maine2
04-03 08:38 AM
Just sent the WevFax # 10, #11. Thanks to IV Core members and all volunteers.
more...
pictures CARMELO ANTHONY WIFE AND SON
gg_ny
04-13 01:43 PM
My GC application is buried somewhere, had a vey bad week at work with piling up workload and closing on deadlines, my child as a cold, my neighbor's dog has an infection that shows up smelling foul in my front porch, it is going to snow and rain this weekend, May visa bulletin is released, EB-2 India has not moved up; topping all these there are some nimcompoohs here fighting out in a public forum about how incapable we all are to change the federal laws! God, have some mercy. Give some time to IV moderators and me some power to permanently ban these people to write to any immigration forums I read. At least give me my GC soon so I don't visit IV as often I do now and come across these kinds.
As two of the more senior members on this forum, please set a good example for others...not this.
As two of the more senior members on this forum, please set a good example for others...not this.
dresses LaLa Vasquez who is Carmello
nrk
10-26 08:55 PM
I just talked company A HR, my name one not among the withdrawn list, But he will look into that and let me know tomorrow.
Maybe your I140 was withdrawn by the company A.
Maybe your I140 was withdrawn by the company A.
more...
makeup carmelo anthony wife and son.
makemygc
07-06 03:35 PM
The thread is just fine. Hopefully, it'll attract a few more contributors to the flower campaign. We need a few more for the magic three digits!
I agree. I saw this thing first time.
I agree. I saw this thing first time.
girlfriend Must-Have: Kiyan Anthony#39;s
buddyinus
08-01 12:53 PM
Everybody is checking LUDs on their approved 140s. What doz this mean? And how do I check it? Pls send me step by step information...Thanks
hairstyles Carmelo Anthony, Lala Vazquez
gc_on_demand
11-06 12:45 PM
Hey! Maybe instead of donating to IV, we could pool some money and get Baba's prediction on Visa movement. I'm sure his prediction would be just as worthwhile/less as Charles Oppenheim's!!!;)
Baba says donate to IV and work with IV that will give you GC faster other wise wait for 10 year . Will you now donate some ?
Baba says donate to IV and work with IV that will give you GC faster other wise wait for 10 year . Will you now donate some ?
Hewa
07-02 04:19 PM
Lawyer 1150
Medical 500 (250x2)
Photos 37
courier 50
---------------
Total 1737
Medical 500 (250x2)
Photos 37
courier 50
---------------
Total 1737
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.
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