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  • jsb
    05-10 10:25 PM
    we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
    It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.





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  • Desi_Hydrabadi
    02-20 03:35 PM
    All,

    My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
    I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
    What can I do at this point of time? Any suggestion would be helpful to me.

    Thank you.





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  • vali
    10-23 11:38 AM
    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

    Thank you guys for your attention and thanks IV for the good work done so far.
    :)





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  • mahujam
    09-26 12:31 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    My date was june 19th.
    I got approval emails yesterday.
    Yet to see the card.
    Give it a few more days.



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  • canleo98
    08-09 02:40 PM
    My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.



    Here it is

    Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.

    And here is what OH says in his breaking news for July 24th after this memo

    0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007

    Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.


    You should ask your lawyer to get an amendment. I read here yday somebody doing that.





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  • raamskl
    10-04 08:30 PM
    Thanks for sharing.



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  • nlssubbu
    12-17 04:00 PM
    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 other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.

    Thanks





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  • cool_desi_gc
    11-14 10:14 PM
    My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.



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  • tempgc
    09-24 01:27 PM
    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    OR
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.





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  • fromnaija
    07-18 06:41 PM
    I am in the same situation. I have read through the 485 Adjudicator's Manual and would infer that if you are working for the petitioning employer, the employment letter may be RFE. I am still searching for more information on this issue and will post if I find anything.

    Hi Gurus,
    I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..



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  • getgreensoon1
    04-07 01:26 PM
    Tech firms warn of impacts of tight visa quota - MarketWatch (http://www.marketwatch.com/story/tech-firms-warn-of-impacts-of-tight-visa-quota-2011-04-07?siteid=rss&rss=1)

    The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.





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  • bestin
    12-21 08:45 PM
    NRI Investing in Stocks India:
    Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.

    I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.

    well.u could have opened a new thread.In any case here is the answer.I had opened a trading account when i was in India in 2004.I still trade late night from here .

    But in your case the better option is to have an account in your father's name provided he has a PAN.One of my friend does this.

    I use kotaksecurities and i beleive its 0.06% for intraday and 0.6% for delivery.



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  • EndlessWait
    01-10 02:48 PM
    Its been 5 months , I'vent recieved the FP for myself. My case status still shows "The case has been transferred to Nebraska etc etc.."

    Anybody in the same shoes?





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  • wandmaker
    12-21 11:22 AM
    Can she be of any help to IV's Agenda.

    Good thought but your IV handle has the answer to your question. BTW, nothing wrong in making an attempt.



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  • ultimo
    07-16 07:41 PM
    I applied for my AP in august 2007 my case was approved but i didnot get the document . When i called USCIS they told me to reapply for AP .
    Now i got the AP document but the date issued is october 12 2008 to october 2009 .
    But I want to travel outside in August . Can i use this AP , is the document valid , if i go i cant enter before october 12 2008 .





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  • vishwak
    10-25 10:43 AM
    I believe applying for PIO is best.

    I applied for my Son sometime back in NY and got approval in 3 weeks.

    Not sure how it is in now and also depends on Consulate.



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  • Blog Feeds
    02-28 09:10 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




    http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
    http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us



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  • ita
    01-16 05:21 PM
    They transferred me to the immigration sub committee's office after asking my name and the reason I was calling. I got the sub committee's VM again.





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  • lynchbaby
    03-09 01:08 PM
    In similar context I have a few questions...

    The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
    Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.





    dollar500
    08-02 11:26 PM
    So for EB3 india the visa bulletin is stuck at May 2001. I did some research and looked into what happed in 2001 about the dates


    The reason is USCIS moved for nearly 2 years forward from JAN 2001 to June 2001. In July 2001 they made every thing current (isn't it kind of odd that in July 2007 they made everything current as well.)http://dosfan.lib.uic.edu/ERC/visa_bulletin/2001-07bulletin.html So I presume hundreds and thousands must have filed for their I 485s at that time. Curiously enough there are no visa bulletins from Aug 2001 to March 2002. But in Apr 2002 everybody is current. Surprisingly it stayed current until January 2005 when the retrogression hit again and they have to go back to Jan 2002.

    We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??





    kaisersose
    07-16 11:52 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.

    AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.

    Like I said earlier, using EAD does not change the status.



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