Thursday, June 9, 2011

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  • manjunathpv
    09-20 08:21 PM
    Raj

    what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?




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  • number30
    04-10 10:40 AM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.

    Once you start working for any employment othen the H1 sponsored company you will loose your H1 status.




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  • cox
    October 2nd, 2005, 07:04 PM
    What a difference a fraction of a second can make... In this case the goose subject has decided to ruin the photo for me by relieving himself in-flight... Fortunately he did not pass overhead...


    http://www.dphoto.us/forumphotos/data/887/medium/goose_canada_in-flight_poo_shoreline_C_sm100205_JP8X5431.jpg (http://javascript:;)


    Ah, that's more like it. Taken with a 600mm f/4, 1.4x extender, and 12mm extension tube. A little more magnification, and less light... You can focus closer, but you can't focus at infinity anymore.


    http://www.dphoto.us/forumphotos/data/887/medium/goose_canada_in-flight_shoreline_C_sm_100205_JP8X5436.jpg (http://javascript:;)

    Anyone have any experience with extension tubes they'd like to share? This is literally my first shoot with them & I had no idea what I was doing...

    Canada Geese at Shoreline Park, Mountainview, CA.




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  • Spider-Man (Tobey Maguire)


  • speddi
    09-16 10:31 AM
    I found the address where we need to send the AP Renewal application if using non-usps carriers.

    USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)



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  • karthiknv143
    07-31 06:09 PM
    More information???????????




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  • gc28262
    07-16 07:30 AM
    Murthy Bulletin
    VOL. XVI, no. 29; Jul 2010, week 3
    Posted : 16.Jul.2010

    MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)

    Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.

    Background of Denial of Entry to the U.S. in January 2010

    The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.

    Travel Outside of the United States

    The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.

    CBP Checks on Returning H1B Workers

    When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.

    The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.

    Removed H1B Worker Contacts Murthy to Take Action

    The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.

    New H1B Petition Approval

    While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.

    Murthy Takes Action to Reverse Earlier CBP Decision

    The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.

    Determined Follow-up Leads to Relief

    The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.

    Conclusion

    We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.



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  • ronhira
    01-09 03:18 PM
    this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....




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  • morchu
    04-28 03:39 PM
    :) if an RFE was issued, that means some of the evidences submitted are not enough to prove that the I-140 is "approvable". I dont want to argue, but "approvable" is the exact term used by USCIS.
    what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.



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  • stones
    06-30 10:14 PM
    RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


    Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?

    Here are the details for my case

    * � I graduated in Dec. 2007.
    * � My OPT has started on December, 2007 (expires on December, 2008).
    * � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
    * � I received Notice of H1B approval. (I797A Notice Date June, 2008).
    * � H1B is valid from 10/01/2008 to 10/01/2011.
    * � I lost my job with Company A on September 18th, 2008.
    * � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
    * � I requested Company B to transfer my H1B.
    * � USCIS received my petition for a transfer on October 28th, 2008.
    * � My Transfer petition was pending with company B

    Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.

    Thank You, Please let me know if you have any questions.




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  • LC2002
    10-26 10:51 AM
    Guys,

    Please see my signature. Your AP should have been received by now or on the way. Please note that altough I received AP but USCIS status has not been updated yet.

    Good luck!!



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  • ragz4u
    03-28 09:23 AM
    Fellow IV members,

    How come the "Hard Limit" is not talked about / mentioned in any of the big websites? Shusterman.com / Aila.org et all. Is it possible to get an immigration attorney to explain this crucial issue of "Hard Limit" to IV core team ?

    The research for this was conducted by the content team of IV. And as regards the big websites, Rajeev Khanna, Bender's online Matthew Oh all have provided references to IV's doc. So no need for any attorney to explain to the IV core team about this, since most of them have agreed and appreciated our efforts!




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  • hopelessGC
    01-21 04:38 PM
    The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.

    You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.

    There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.

    If anyone has doubts about what I said then please correct me.



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  • insbaby
    12-05 05:26 PM
    I bet they won't let a VB programmer in!!!




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  • tdasara
    02-08 08:58 AM
    L1A - Multinational managers
    L1b - specialized foreign worker on intracompany transfer.

    You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.

    Most of us work for US companies who do not have branches overseas!



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  • pamith
    05-13 08:42 PM
    3-4 months may be, but you can apply for AP and EAD.




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  • pitha
    02-15 01:47 PM
    I am not sure if that is true anymore. Recently US has announced that even US citizens returning from CANADA need to have there passport with them for entering into US. Earlier all they needed was a drivers license. When the US is tightening entry requirements for US citizens I am not sure automatic visa revalidation is still possible. Better follow up on it before going to Canada.


    What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.

    G



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  • vedicman
    10-28 12:53 PM
    Skilled immigration: Green-card blues | The Economist (http://www.economist.com/node/17366155)

    America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.

    what visa are these legal immigrants coming on?


    Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.

    The real question would be, after winning the elections, will there be a need for the republicans to find common ground with the president? Will they not be emboldened to be stubborn and just say "NO" to everything......... Why not? they (will) got rewarded by taking over the House!




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  • GCBy3000
    07-06 12:00 PM
    asked both the two questions posed by fellow members.




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  • satyasaich
    06-23 02:17 PM
    In case of filing for a spouse (wife or husband) and dependent children, form I-764 clearly ask to provide evidence. Atleast most recent year Tax Returns are REQUIRED as per the form. My attorney updated me to present additional 2 years of federal tax returns (not the state) as well, which are optional. Remember these are REQUIRED alongwith W2s or 1099s.




    sandy_anand
    10-22 12:17 PM
    Not unless there is visa recapture of some kind or increased quota through CIR...sad but true! :mad:




    sk2009
    07-28 03:38 PM
    mine is EB3-I PD Dec 2004 , there was hard LUD on 27th july 2008 on my approved 140 and even recieved email from uscis



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