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Posted

I shattered my knee a while back and have been out on workers comp. Today my Dr. has decided ( I agree) that I am at the max medical improvement and will not be able to return to that job. So in a weeks time or so I fully look to be terminated from my position. No job. However, I will still be receiving income from workers comp until such a time I am able to return to work fully (a similar position) or a new field of employment that pays me the same as what I currently make. So.....of course this has to happen right in the flipping middle of AOS with my SO. My question is....what the hell do I do if they stick em with a interview? If he doesn't have one then not worried about it. Dont I have to show proof of employment and such at that interview?

You can stand me at the gates of hell, but I wont back down.
AOS Filed 02/01 however used wrong forms
refiled 2/22
NOA 3/1
BIO 3/18
Transfer 3/14
Touched 3/18
AP Approved 4/14(WASN'T UPDATED ON SIGHT OR TEXED TILL 4/18)
EAD Approved 4/14(WASN'T UPDATED ON SIGHT OR TEXED TILL 4/18)
GREEN CARD APPROVED WITH NO
INTERVIEW AND NO HAVING
TO TRANSCRIBE HIS SHOT RECORDS! 4/18!(WASN'T NOTIFIED TILL 4/19)

Applied for lifting of conditions 02/27/2013
NOA1 March 4
BIO April 2

RFE received 07/25

Returned RFE recieved 08/19

NOW WAITING WITH BAITED BREATH

APPROVED 9/9/2013

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I shattered my knee a while back and have been out on workers comp. Today my Dr. has decided ( I agree) that I am at the max medical improvement and will not be able to return to that job. So in a weeks time or so I fully look to be terminated from my position. No job. However, I will still be receiving income from workers comp until such a time I am able to return to work fully (a similar position) or a new field of employment that pays me the same as what I currently make. So.....of course this has to happen right in the flipping middle of AOS with my SO. My question is....what the hell do I do if they stick em with a interview? If he doesn't have one then not worried about it. Dont I have to show proof of employment and such at that interview?

I was asked for a letter of employment at my wife's AOS interview. It's really up to the IO.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

I shattered my knee a while back and have been out on workers comp. Today my Dr. has decided ( I agree) that I am at the max medical improvement and will not be able to return to that job. So in a weeks time or so I fully look to be terminated from my position. No job. However, I will still be receiving income from workers comp until such a time I am able to return to work fully (a similar position) or a new field of employment that pays me the same as what I currently make. So.....of course this has to happen right in the flipping middle of AOS with my SO. My question is....what the hell do I do if they stick em with a interview? If he doesn't have one then not worried about it. Dont I have to show proof of employment and such at that interview?

Having been an employer in the construction industry for many years, I am fairly familiar with workman's comp. And while it varies by state, I have never heard of a law that continues paying workman's comp benefits AFTER it has been determined MMI has been reached. Are you sure it is not a scheduled payment of a settlement? Usually if you cannot return to that job and MMI has been reached, they offer a "permanancy" settlement based on some formula. They may also offer an additional amount for future medical expenses just to be done with you. SOME states require that this be paid in weekly amounts until you get another job, others allow it to be paid in a lump sum (Vermont allows a lump sum to be paid for certain conditions which are most often met)

If that is the case, then you are unemployed and have no "income". An insurance settlement would be considered an asset, not income. Workman;s Comp benefits, on the other hand, IF you are employed ARE considered income.

We were never asked for employment proof at the interview. In fact, we didn't have to show proof of anything and there were no questions asked regarding our relationship at all.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Posted

Having been an employer in the construction industry for many years, I am fairly familiar with workman's comp. And while it varies by state, I have never heard of a law that continues paying workman's comp benefits AFTER it has been determined MMI has been reached. Are you sure it is not a scheduled payment of a settlement? Usually if you cannot return to that job and MMI has been reached, they offer a "permanancy" settlement based on some formula. They may also offer an additional amount for future medical expenses just to be done with you. SOME states require that this be paid in weekly amounts until you get another job, others allow it to be paid in a lump sum (Vermont allows a lump sum to be paid for certain conditions which are most often met)

If that is the case, then you are unemployed and have no "income". An insurance settlement would be considered an asset, not income. Workman;s Comp benefits, on the other hand, IF you are employed ARE considered income.

We were never asked for employment proof at the interview. In fact, we didn't have to show proof of anything and there were no questions asked regarding our relationship at all.

With out question MMI....once all the paper work is filed....Employer will terminate my position. Yes they will have to settle with me. My issue is that I wont have employment at the point of the interview if my SO is given a interview.

You can stand me at the gates of hell, but I wont back down.
AOS Filed 02/01 however used wrong forms
refiled 2/22
NOA 3/1
BIO 3/18
Transfer 3/14
Touched 3/18
AP Approved 4/14(WASN'T UPDATED ON SIGHT OR TEXED TILL 4/18)
EAD Approved 4/14(WASN'T UPDATED ON SIGHT OR TEXED TILL 4/18)
GREEN CARD APPROVED WITH NO
INTERVIEW AND NO HAVING
TO TRANSCRIBE HIS SHOT RECORDS! 4/18!(WASN'T NOTIFIED TILL 4/19)

Applied for lifting of conditions 02/27/2013
NOA1 March 4
BIO April 2

RFE received 07/25

Returned RFE recieved 08/19

NOW WAITING WITH BAITED BREATH

APPROVED 9/9/2013

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

With out question MMI....once all the paper work is filed....Employer will terminate my position. Yes they will have to settle with me. My issue is that I wont have employment at the point of the interview if my SO is given a interview.

You should probably line up a joint sponsor just in case you're scheduled for an interview.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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