Monday, June 13, 2011

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  • sri1309
    01-10 03:17 PM
    We need more attention. Economy and all., they are going to be there, but I am sure US doesnt want to loose by delaying it. These are our years where we can contribute. They dont want to send some of us back and invite us at 55-60 years as dependents on our citizen children.
    Lets please not wait till the bad thing happens.. Lets imagine to be in, and act to prevent it..
    BTW, when is the next bulletin coming out :).
    Yes, you're fired next week,... for some reason not in anyone's control.





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  • setpit_gc
    05-28 12:10 AM
    Tsc





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  • gsc999
    04-02 12:54 PM
    Hi,

    I am in the Peninsula, in Nor. Cal. My congress woman is Anna Eshoo. Please let me know how I can help. I have called her office and asked for support for the STRIVE bill. I will call her office again and set up a meeting. Need the collateral from IV. Anyone near around this area?





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  • GCFISH
    08-31 11:31 AM
    taking it back....don't want to debate, assuming you all know the fact.



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  • bandya
    05-24 11:58 PM
    Have said this before - during one of out earlier web fax campaign. Pls send emails to all the members about this fax!!!
    All the more important since we hardly have any time on our hand!!!





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  • dealsnet
    10-23 08:55 PM
    Your labor wants masters only or bachelors with 5 years is acceptable?


    Look bullet no. 2.

    The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:


    1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)

    2. A three year Bachelor’s degree from India is equivalent to a US Bachelor’s degree. (2008)

    EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)


    MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)


    YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.


    Hello,

    Please advice on this.

    Application is filed under EB2 category.
    In Labor certificate minimum education requirement is Master's

    My I-140 is denied because of 3 years Bachelors degree.
    I have 3 yrs bachelors + 2 years Masters + 4 yrs work exp.

    Received RFE on 15th June 2009.
    We submitted 2 education evaluations on Sept 3rd 2009, which says my Master’s degree is equivalent to US Masters Degree.

    Received denial notice on 28th Sept 2009.
    After denial, Lawyer is planning to file appeal with federal court.

    Does anyone have the same issue?

    I read about a company called Career Consulting International (CCI)on internet, it seems they can prove my 3 yrs bachelors degree is equivalent to 4 yrs US Bachelors degree.
    To proof this CCI is charging a huge amount.

    Does anyone have any info about CCI?

    Please advice.

    Thanks.



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  • dilbert_cal
    10-31 06:59 PM
    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.


    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.

    Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.





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  • stemcell
    02-11 11:38 AM
    Albertpinto

    Nice idea actually.

    There have been many articles about economic growth secondary to legal immigrants.
    In retrospect all of us come with couple of suitcases and end up in the top 10% of the socioeconomic strata given a time frame of 5 yrs or less.
    Washington know this but the lethargy to do anything for us is i think is political.

    Now that CHANGE has been elected lets see whats in store for all of us.



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  • pdakwala
    05-25 08:24 AM
    It is important that we make phone calls to our senators. Here is the list of senators with their phone numbers.




    Cheers





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  • indrajal
    11-02 04:46 AM
    I have the exact same problem. i have been working over at USA for past 5 years and i have renewd my visa without any problems. since last year i changed my company and went to delhi consulate for visa renewal. i assumed it would be a routine renewal but i got a green slip i.e. 221(g). a lot of people in my line seemed dejected as well.
    now they asked me to bring following documents:

    1. I-797, LCA and other documents
    2. letter from end client, itinerary of services and contract.
    3. petitioner's fed tax returns for last two years.
    4. in the others section they asked me to get employment contract, petitioner, vendor, client contracts.

    my question is the line 4. If anyone can help me regarding this then i will be forever grateful.

    please tell me what is Employment contract, Petitioner , vendor, client contract?
    i have return flight booked next week. Please help



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  • rockstart
    04-29 08:46 AM
    I have a straight case working on H1 for same employer since 5 years. My 2nd H1 was approved on Oct 1 2007 valid till 2010. I saw a soft LUD on my H1 for 4/26/2009. I am not too worried I think it is just system update thing.


    My previous attorney also mentioned the same thing. Looking at this thread it seems all soft/hard lud's were generated on Sunday, April 26th. Maybe a computer program flagged these cases.





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  • drirshad
    03-13 04:31 PM
    03/13/2009: Senate Bill, S. 577 to Punish Immigration Sharks Defrauding and Victimizing Immigrants and Related Parties

    Senate Dianne Feinstine from California, cosponsored by Senator Ted Kennedy, introduced this bill in the Senate yesterday. The full text of the bill is as follows:
    SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Immigration Fraud Prevention Act of 2009''.
    SEC. 2. SCHEMES TO DEFRAUD ALIENS.
    (a) Amendments to Title 18.--
    (1) IN GENERAL.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section:``�1041. Schemes to defraud aliens
    ``(a) In General.--Any person who willfully and knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender willfully and knowingly claims or represents is authorized by or arises under Federal immigration laws, to--
    ``(1) defraud any person; or
    ``(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, promises, shall be fined under this title, imprisoned not more than 5 years, or both.
    Here is the background for this bill: The Immigration Fraud Prevention Act would prevent and punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud aliens in connection with Federal immigration laws. Specifically, the act would make it a Federal crime to wilfully and knowingly defraud or obtain or receive money or anything else of value from any person by false or fraudulent pretences, representations, or promises; and to wilfully, knowingly, and falsely represent that an individual is an attorney or accredited representative in any matter arising under Federal immigration law. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also authorize the Attorney General and the Secretary of Homeland Security to use task forces currently in existence to detect and investigate individuals who are in violation of the immigration fraud crimes as created by the bill. The act would also work to prevent immigration fraud by requiring that Immigration Judges issue warnings about unauthorized practice of immigration law to immigrants in removal proceedings, similar to the current law that requires notification of pro bono legal services to these immigrants; requiring the Attorney General to provide outreach to the immigrant community to help prevent fraud; providing that any materials used to carry out notification on immigration law fraud is done in the appropriate language for that community; and requiring the distribution of the disciplinary list of individuals not authorized to appear before the immigration courts and the Board of Immigration Appeals, BIA, currently maintained by the Executive Office of Immigration Review, EOIR. Unfortunately, the need for Federal action to prevent and prosecute immigration fraud has escalated in recent years as citizens and non-citizens attempt to navigate the immigration legal system. Thus far, only States have sought to regulate the unauthorized practice of immigration law. Since immigration law is a federal matter, I believe the solution to such misrepresentation and fraud should be addressed by Congress. By enacting this bill, Congress would help prevent more victims like Vincent Smith, a Mexican national who has resided in California since 1975. His wife is an American citizen, and they live with their 6 U.S. citizen children in Palmdale, CA. Mr. Smith would likely have received a green card at least two different times during his stay in California. However, in attempting to get legal counsel, Mr. Smith hired someone whom he thought was an attorney, but was not. As a result, Mr. Smith was charged more than $10,000 for processing his immigration paperwork, which was never filed. Mr. Smith now has no legal status and faces removal proceedings. Another victim of immigration fraud is Raul, a Mexican national, who came to the United States in 2000. He also married a U.S. citizen, Loraina, making him eligible to apply for a green card. Raul and his wife went to Jose for legal help. Jose's business card said he had a ``law office'' and that he was an ``immigration specialist.'' But Jose was not a specialist and charged Raul $4,000 to file a frivolous asylum petition. While Raul thought he was going to receive a green card, he was instead placed into removal proceedings. From California to New York, there are hundreds of stories like these. Many immigrants are preyed on because of their fears--others on their hope of realizing the American dream. They are charged exorbitant fees for the filing of frivolous paperwork that clog our immigration courts and keep families and businesses waiting in limbo for years. Law enforcement officials say that many fraudulent ``immigration specialists'' close their businesses or move on to another part of the state or country before they can be held accountable. They can make $100,000 to $200,000 a year and the few who have been caught rarely serve more than a few months in jail. Often victims of such crimes are deported, sending them back to their home countries without accountability for the perpetrator of the fraud. Most recently, hundreds of immigrants were exploited by Victor M. Espinal, who was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients attended the New York City Bar Association's free clinic to address their legal and immigration options. According to prosecutors, Mr. Espinal falsely claimed on his business cards that he was licensed and admitted to the California bar as well as the bar in the Dominican Republic. Organizations such as the Los Angeles Country Bar Association, National Immigration Forum, American Immigration Lawyers Association, and American Bar Association have been documenting this exploitation for many years.



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  • actaccord
    02-11 06:25 AM
    you don't break any law when recording conversations. Check the law on both states (if you are currently in different state than the other party you are calling) as most state don't allow recording of phone conversation without other party permission.

    key note....Document and have everything in writing/email/recording...





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  • franklin
    07-17 06:10 PM
    I don't want to sound like a broken record, but please contribute!

    Talk is cheap guys, put your money where your mouth is so we can continue fighting for us all! The battle is won, the war is far from over.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute

    :D



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  • gc28262
    04-28 09:12 PM
    I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.

    I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.

    My guess.





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  • bimboywade
    11-13 10:04 AM
    No more "status changes" e.g. f1->h1, L1->h1,even h4->h1 is allowed. Only Extensions are allowed in Mexico..

    The USCIS site clearly states :

    Who Can Apply in Mexico

    * Applicants seeking to renew their visa in any category except B1/2 (tourist/business), if the initial visa was issued in the applicant's home country.

    Also Note(in blue font):

    Notice: Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant's return to the United States.

    I'd rather prefer Canada for stamping(if these rules dont apply there) .



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  • yabadaba
    06-30 04:09 PM
    the other thing about ombudsman replying to emails..i wouldd have written to him.. but neither do i have a "technical issue" problem...nor do i have an established line of communication open with thee ombudsman's office...so i m just trying to get some info from gautam who seemed to have that.





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  • desi485
    11-02 03:45 PM
    You are very welcome...

    Consular processing is way faster is what I was told.

    I heard one case in my company (person worked for my employer prior to I joined) who successfully did consular processing. He got his GC almost 2 to 3 years ahead of his co-worker who both filed labor at the same time. The only difference is: one person chose to do consular processing and other one (who was delayed by 2 - 3 years) opted for adjustment of status.

    I was told this by my other co-workers after I joined this company however I too never thought of consular processing as it is something not familer to me. I do not know much details how this whole process works. If anyone knows, please share with rest of us.:confused:





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  • nixstor
    06-24 05:14 PM
    may be this will help you

    485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.

    485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.

    How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?





    eb3retro
    04-13 04:09 PM
    Thanks a lot for the reply.
    I have talked with lawyer regarding this.
    She has the following to Say:

    a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
    b) CBP officers know about this and there is nothing to worry.
    c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
    d) she assures me that there is nothing to worry and I can go and come back hassle free.

    Do you people think all of these statements are correct?

    Thanks a lot.

    pls tell me how much different it is from what I have response for your original query..





    ragunath
    10-22 10:51 PM
    Please save yourself money and time. I used CCI. I paid $925. Sheila will talk like its a piece of cake to get the approval. Its a BIG LIE. Actually CCI is flagged by USCIS. She will also give you a pdf document of 50 mb or so for you to take a print out and if in case you send it, you application is doomed. After submitting her evaluation, mine got denied. Talk to a good attorney like murthy and take a chance with them instead of spending a grand with this women.



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