Wednesday, June 8, 2011

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  • pappu
    04-24 11:14 AM
    OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?

    We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.

    We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.

    IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.

    Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.





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  • supreet
    06-30 12:28 AM
    My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".

    The letter does not say if they are going to reschedule OR the reason for cancelling.

    I am a July 2007 applicant and this is the first FP appts we have got.

    Does anybody have this kind of experience before?
    Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.

    My case is in TSC.

    Any comment is appreciated.

    Thanks.
    Bipin :mad:
    I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".

    Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).

    Any ideas what's going on?

    - S





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  • reverendflash
    10-21 01:33 AM
    You are getting there, but I was thinking South and East (to the right).. :P

    here is a link to a great explaination of the "rule of 3rds"

    http://www.itecksu.org/courses/DesVisWeb/pages/rulethirds.htm

    Rev:elderly:





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  • tushbush
    05-28 09:14 PM
    Sounds true. I got RFE on employment verification last week. I am a July 2007 filer.



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  • sury
    10-29 06:20 AM
    I haven't applied yet. I don't know if I can apply for kid or not.





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  • WeShallOvercome
    07-23 04:51 PM
    well if u dont have receipt hance no EAD/AP, you are at their mercy forever.


    not forever !!!!!!

    What if I change employer after 180 days and sign a new G-28 either removing that lawyer or signing for a new lawyer?

    If they could keep us at their mercy FOREVER, what is AC21 for ?



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  • parablergh
    08-31 07:55 PM
    Cant i use the I 94 attached to my 797 document.Will it not solve my problem.

    Unfortunately the 'last action rule' takes precedence over your I-797 approval notice. You will need to either visit a CBP Deferred Inspection office to have this corrected, travel abroad and reenter using the new I-797, or file for another extension.

    Next time you travel, don't show BOTH I-797 approval notices. You should have just presented the new document along with your visa stamp and valid passport.





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  • yabadaba
    03-25 07:45 AM
    nonsenseNumbersUSA.com that provides accurate processes and descriptions refuting the moronic claims of numbersusa which feeds tancredo and his creed.

    i m very well versed with census data and can look at specific refutes to their claims. Also, would it help to show legal immigration levels in the developed countries.

    Canada allows 1/100th (1%)of the population to come in every year as landed immigrants (skilled migrants). 300,000+ out of a total population of 30 million with no country based limitation.

    here employment based migration which is the closest category as compared to Canada's legal migration process alllows 144,000 out of 300 million. (0.05%)

    Australia lets in 120,000 (0.6%) migrants out of which 80,000 (0.5%) are in the skilled worker category out of a population estimate of 20 million

    New Zealand lets in 34,000 (0.9%) migrants out of which 21,000 (0.5%) are in the skilled worker category out of a population estimate of 4 million



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  • casinoroyale
    09-05 10:11 PM
    Yeah, call customer service and ask them to send new copies with correct picture.

    Now the funny part is, who is going to get your picture on their AP. :D





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  • desiin_va
    01-14 10:17 PM
    To port PD from Eb3 to EB2, He does not require to qulify for EB2 before Nov 2001, He is eligible if he is qualified at time of filing EB2.

    Folks redhagd's statement is correct, i checked with Atorney Sheela Murhty on Friday. To port from EB3 to EB2, you must be eligible for EB2 at the time of filing Labor in Eb2.



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  • gc28262
    07-31 02:14 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

    Pls answer the above 3 questions.





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  • gcformeornot
    01-03 11:15 AM
    ^^^



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  • GCanyMinute
    08-23 08:28 AM
    :D That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!

    hahaha that was really funny!!
    ...but also sad for those folks that are waiting :(
    Good Luck guys!





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  • snathan
    02-11 11:45 AM
    applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
    Also if above is true and you are not working for H1 employer then you are probably out of status......

    Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.

    Otherwise is there any source for this claim



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  • ganesha
    02-20 06:15 PM
    Any enquiry on 140 can only be done by the company or the lawyer. You have no other option except being nice with them:mad:

    My husband's I-140 is pending at TSC receipt date Dec 07. The processing date is in Jan 2008. how can we enquire why his I-140 is still pending. no LUD what so ever.

    Contacted his HR. they say, they are waiting for reply from law firm.

    Other than form 7001 that needs employer signature, are there any ways to enquire into the delay?.
    Thanks.





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  • map_boiler
    06-27 02:57 PM
    My OPT EAD A# and I-140 A# are different.

    When filling the forms, use the A# number from your I-140, if available. If not, fill with "None". Do not leave it blank. When my attorney filed my I-140 papers, they filled "None" for A#. Later after I-140 approval when they filed for my H1B renewal, they used the A#.

    From what I know, in case you don't have an approved I-140 and hence an A#, you will be assigned one with the I-485 receipt. Therefore, in my opinion, you should NOT use your OPT EAD A# for the I-485 and related forms.

    --------------------------------
    PD: Feb 2006, EB2, India
    I-140 AD: June 2006
    Filing I-485, I-765, etc: July 2007



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  • Pagal
    09-19 11:21 AM
    Hello,

    Sorry to read your experience ... not to rationalize the conduct of the rude employee, but they are also just human beings who have family, financial worries/problems and not all of them like their jobs either ...

    Having said that, there is no reason for you to accept the rude behavior of anyone ... you are asking for a visa, not begging for it! Here are somethings that you can do ...

    1. Email to the Consul General to file a complaint (provide as many details as possible, e.g. time of interview, window number, sequence of interactions, specific parts that you found offending and unreasonable). Here are the contact details (http://mumbai.usconsulate.gov/contact-us.html).
    2. Write a letter to Consul General with copy to US ambassador, the Ombudsman of state department and Secretary of State. Here is the online form (http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=qk*MUpak&p_accessibility=0&p_redirect=&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD05NCw5NCZwX3Byb2RzPSZwX2NhdHM9JnBfcHY9JnB fY3Y9JnBfc2VhcmNoX3R5cGU9YW5zd2Vycy5zZWFyY2hfbmwmc F9wYWdlPTE!) (and on left side, there are phone numbers and addresses).

    Always remember that you are a free citizen of a free country who is working in US because there exists documented need for your skills in US.

    Good luck and I hope your visa is granted in due time ...





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  • kannan
    07-21 02:07 PM
    My 485 details

    PD Nov 2005 EB 2 India Ported from Previous employer
    Applied date July 2007
    ND aug 23
    Ist I 140 approved jan 2006 --( This got the below message)
    2nd I 140 approved Mar 2007



    Today I got a CRIS mail ,that my already approved I 140 got a status

    Current Status: Case Transfered to Another Office for Processing.
    On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.


    This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
    Do I have to worry because this is my previous company I-140.





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  • ssa
    11-14 01:51 AM
    There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
    Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.





    sw33t
    06-17 06:06 PM
    Let's say you setup a business entity (LLC, LLP, LP etc.). You would need to open a business bank account for the entity you incorporated. Use the business account to receive your proceeds from selling the app. You have not violated any laws as long as you don't pay yourself from running your company. Again, there are laws as to how many hours you can "volunteer" as a manager/director to run the company (bookkeeping, accounting etc.) before you end up as someone who SHOULD be paid for running the company. Keep a documentation trail if you decide to go down this path.

    You would have to wait until you get your green card to pay yourself out though.

    PS: I am not a lawyer.





    gc_maine2
    08-08 04:27 PM
    OK good another thread, now you have posted this info you can also close this thread.:)
    http://www.uscis.gov/files/pressrelease/FAQ3.pdf

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.



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