Saturday, June 11, 2011

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  • GCKarma
    08-06 06:46 PM
    Gurus,

    I have LUD on my I-140 and its 07/13/2008.LUD of my I-485 is not changed at all.I have changed my employer and I have not applied AC-21.I'm in H1B.
    Should I worry about my previous employer revoking my I-140.Please help me out.Should I call USICS to know whether they have revoked my I-140?

    My I-140 was approved on July 2006 and I applied I-485 on July 2 2007 and I changed
    my employer after 180 days.
    LUD on I-485 is Aug 2007


    Thanks a lot





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  • nhfirefighter13
    December 31st, 2004, 05:11 PM
    Nice work. I definately like the second shot better with the red bulbs. You could try to rig up a "tent" over and around the sides of the shot with white sheets and put some lights shining thru that. That would give you a bit more consistency and cut down on the specular highlights a bit (although they are not bad by any means in either of these shots.


    Another option would be to go for a really slow shutter speed and use a flashlight to "paint" the glasses. This sort of thing takes a lot of practice but I've seen some excellent shots done by this method.





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  • sidbee
    04-17 06:41 AM
    This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:

    My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understan that we end up being personally liable and can even be sued if there is an injured party).

    Edit: This is in California

    I have myself driven a lot in many states on B1/B2, All the car rental agencies on mostly international airports cater to visitors on B1/B2.When i came to US for the first time on business, i drove around 3000 miles just on weekends :-)

    If the Locals DL of your FIL is not in english, you need a International Drivers Permit, from your country.IDP is just an english transalation of your local drivers licence,and is not valid without the original DL.

    The only problem i see, is that your insurance would not cover him(mine required the authorized driver to have a US licence).if he just wants to drive for fun, you better rent him a car with CDW and Liability insurance.Its expensive but its safe.

    And i personally don't agree that fines could be 3 times...all the silicon valley visitors would be screwed.

    Please contact your local DMV, for information. I have just told you my experience and i may be wrong.





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  • indyanguy
    07-16 03:50 PM
    Is the Senior App Dev position with a different company? If so, if you want to use AC21 to switch to this new company, you will need to have a job which is "same or similar". AFAIK, you will need to have a "Programmer Analyst" position in the new co.



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  • gcformeornot
    02-03 02:14 PM
    AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport

    Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"


    AILA CBP Liaison Committee Practice Alert
    H-1B Admissions � Newark, New Jersey Airport
    (2/2/2010)

    The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.


    After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.


    In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.


    During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).


    Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.


    In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.


    Note the new fraud related language added to I-797 approval notices �



    NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.


    Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).





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  • nozerd
    02-02 12:55 PM
    You have to apply at HRDC office in the city nearest to where you land. HRDC is Human Resources Development Canada and they issue SIN CARDS. Google it.
    Just make note that they are not open on Weekend. You can only apply for SIN on weekday.



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  • EndlessWait
    08-24 02:58 PM
    they never clean backlogs. they just move from one queue to other.
    cmon dont u know it by now!





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  • kaisersose
    06-04 10:30 AM
    Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

    You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

    Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.



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  • kanshul
    02-01 10:42 AM
    Your EB3 date (dec 2004) will not be current for the next 12 years, check the link - when will I get my GC on the front page for this site.





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  • GTGC
    03-16 10:36 PM
    I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.

    My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.

    I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!

    Goodluck!



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  • EB3_SEP04
    01-28 09:21 PM
    I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?

    485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:





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  • drirshad
    05-06 03:52 PM
    Use the letter to modify for our cause, May 14 is the start day for CIR discussion in Senate ......

    http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]

    U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION

    CONTACT YOUR SENATORS TODAY

    U.S. SENATE TO CONSIDER IMMIGRATION LEGISLATION

    Background. Democratic and Republican Senators, along with the Bush Administration, are currently negotiating compromise immigration reform legislation which could be considered on the floor of the U.S. Senate beginning the week of May 14. Should these negotiations falter, the Democratic leadership could choose to bring the STRIVE Act, or a similar bill, to the floor for immediate consideration. It is important that you contact your Senators in the next few days and ask for their support for a just and humane immigration reform bill.

    USCCB Position. The United States Conference of Catholic Bishops (USCCB) and other organizational members of the Justice for Immigrants (JFI) Campaign are working to ensure that any compromise immigration legislation includes the principles set forth by the U.S. bishops. Any legislation which would warrant USCCB support would include:
    1. a legalization program for the undocumented which includes family unity and a realistic path to citizenship;
    2. a new worker program with worker protections and a path to citizenship; and
    3. the preservation of family reunification as a cornerstone of our immigration system and the elimination of family backlogs and waiting times.

    To contact your Senators, call 202-224-3121. The sample letter can be accessed via the JFI website at www.justiceforimmigrants.org or can be faxed to the Senators� offices. Use link below to Email the Senators.

    http://capwiz.com/justiceforimmigrants/issues/alert/?alertid=9714021&queueid=[capwiz:queue_id]



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  • brit_gc
    05-04 12:46 PM
    I had an RFE which they received on Feb 8th, still no response after 12 weeks.
    Is there anything to do here, or just wait and twiddle my thumbs?!




    Current Status: Response to request for evidence received, and case processing has resumed.

    On February 8, 2007, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.





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  • dionysus
    03-18 02:32 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?



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  • STAmisha
    05-21 05:48 PM
    I hope this bill DIES





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  • ravi98
    03-08 09:13 AM
    Thank you IV for this service. I have emailed my question to the address provided.



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  • simple1
    10-26 05:59 PM
    I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.

    I think.
    short term (arround 30 days) - may be ok.
    vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.

    I fully agree with mcq except for duration part.

    Here's how I see it.

    If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.

    Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).

    so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.

    one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.

    Hope that helps

    McQ





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  • dixie
    12-01 11:19 AM
    It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)

    That pretty much covers our current situation :( ... EB immigration is driven by corporate interest and obviously it is geared to benefit them to the maximum extent possible.





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  • bsbawa10
    09-06 08:57 AM
    I am starting this thread to collect examples of inefficiencies and inconstencies of USCIS . Also examples of hiding data by USCIS.

    Whenever you give example of your experience if possible add:
    1. Dates
    2. Details of what happened
    3. Action that you took and reaction by USCIS.

    Some of the examples that I have seen on this forum are 1. Wrong photograph on AP 2. Totally different answers from customer service 3. Internal memo in USCIS not made public about holding visas for EB2 India etc.





    gceb3holder
    02-27 06:32 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.





    pappu
    09-09 11:08 PM
    http://news.yahoo.com/s/prweb/20060908/bs_prweb/prweb435159_1

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  • valatharv
    07-16 10:54 AM
    Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
    Thanks for replying...

    I have already renewed my passport in April 2010 and corrected father name ...

    I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.





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  • GCProbs
    09-15 07:10 PM
    Hi All,

    I need an advise from IV folks..

    here is my situation..

    I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.


    Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...


    Please advise me...





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  • desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin





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  • anilsal
    12-19 10:19 PM
    What is "CPB defferred inspection site"?

    Details please....



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  • lordoftherings
    07-15 11:47 AM
    yes, but look at how many members they have. Close to half a million. How can IV with less than 1000 members be as strong? Looks like we have miles to go.....

    lotr





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  • hpandey
    12-26 01:31 PM
    Both are wrong answers .. no one is an alien .. we are all human beings :D

    Just kidding ..

    But on a serious note I think we fall under non-resident alien.



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  • BharatPremi
    03-28 10:59 AM
    same here. i have updated my information but it doesn't show up in stats

    My experience: Fill all the fields at least for 1st and lasst blocks. Then you will find your record in tracker. Then do trial and error for making fields blank for some fields what you do not want to appear. Some fields, making blank would make record disappear and some not.





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  • nousername
    02-24 07:23 PM
    It clearly says "evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience."

    The above person is called a professor.

    USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?

    I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.



    Hi NoUserName,

    here more details:

    Bachelors in Civil
    Masters in Civil
    And having 3+ years experience as computer systems analyst

    My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.

    I really confused how to answer this query, if you have any ideal please help me



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  • shivarajan
    04-04 03:06 PM
    Did a hasty click... thought the poll was for pd date (and missed the invoice part of it). Suspecting others also might have done the same.





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  • dagabaaj
    04-08 03:11 PM
    For EB3 India 7% of 85,030 = 5903. And still Dates are stuck in 2001. I don't know what it take to move it to beyond 2002-2003 ?
    I'm afraid if there are 100K EB3 in 2001-2004. Why doesn't USCIS come up with such statistics..


    Providing such statistics woul dmean accountability right. There si no value add for them other than getting a bunch of calls. I really wonder what the nuber is for the 2001-2003 period. 100K looks kind of large.



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  • GCVictim
    07-24 01:20 PM
    I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.

    Question:

    My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?

    Please seniors advice on this. because she is going to get contract-to-hire position.





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  • imneedy
    05-22 05:21 PM
    Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?

    Let's hope :o



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  • chillfakter
    02-11 04:15 PM
    I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
    However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
    Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.





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  • Imigrait
    08-30 06:45 PM
    Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.

    Is it Received date or Notice date?



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  • snathan
    05-19 06:57 PM
    I am also travelling with the family in June for a couple of months !

    the murthy link and this thread over all is helpful !

    Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.


    I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.

    On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!

    Then whats the purpose of AP....?





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  • rkat
    08-17 07:23 AM
    Thanks everybody for ur help...! One last Q that i guess i have is - Now that i have a RECEIPT # for the new H1....does that mean that my case for H1b will surely be approved..? Are there folks out there whose 129 has been rejected or basically who did not get approved for H1 INSPITE of having a RECEIPT #..?

    I ask this because in the few weeks what happens if my case is rejected ...that way USCIS will REFUND back all the fees to the petitioner....The contracting company will get back the fees from USCIS....Is there a possibility that USCIS may not approve my case NOW...?? I see the contracting company getting thier money from USCIS and from us...basically prifiting from both side if case is rejected.!!!

    Thanks!



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  • cbpds
    08-06 02:09 PM
    Its a massive hit even to some staffing comps here





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  • baldev.thakur
    12-13 11:55 AM
    Well in case you are TOO NAIVE let me tell you...
    If you divorce in US , you can get an ex-partite judgment in your favor probably because your wife cannot challenge the divorce but When you re marry , you can re marry ONLY in US. The minute you land in India that re-marriage is considered illegal and your relationship with your 2nd spouse in US considered - bigamous. Bi gam y is not allowed in Hinduism .
    If you prev wife finds out she can sue you and do many more things in India to make life the hell for you .
    Can you post some more specific details abt ur case ?





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  • fromnaija
    04-05 04:27 PM
    I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
    Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
    I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.


    Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.

    As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.





    trueguy
    08-04 06:12 PM
    Nopes. No refund.

    After a month or so when they pick your EAD/AP applications, they will send you a denial notice for EAD/AP bcoz you don't have a pending I-485 at that time.





    kubmilegaGC
    09-11 06:05 PM
    bump..



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  • jumanji4u
    01-27 02:02 PM
    Congrats!!!. Let your shining success prevail on us. :D





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  • common1
    01-25 06:10 PM
    Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)





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  • insbaby
    07-23 05:26 PM
    *** 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. ***





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  • desi3933
    02-14 08:29 AM
    Hello all,

    Is there a law that grant green card for a person who's been in the States legally for more than 10 years?

    Thanks

    No, not that for 10 years.

    Howeve, the I-485 can be filed based on residency, if the applicant has been US resident since before Jan 1st, 1972.

    The applicant need to
    1. secure a signed SSA-795 from the individual indicating the beginning and ending dates of all periods of residence in the U.S. The statement does not have to include the complete street address. The town and/or State is sufficient.
    2. a statement which shows no absence of longer than 6 months is sufficient to determine continuous residence in the U.S. since before January 1, 1972.



    __________________
    Not a legal advice.



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  • ONEMOREGCSEEKER
    07-15 07:07 PM
    rpat1968,

    I am also seems to be in same situation. Can you please share if you were able to resolve this issue and how?

    Thanks in advance.





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  • piyu7444
    07-22 05:28 PM
    Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

    Hope this helps!

    I probably know this works the way you have stated but do we have any references to legal document? rule? etc......

    Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.

    Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.



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  • gcwait2007
    07-07 01:25 PM
    My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.

    The status of this service request is:

    Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.

    What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.

    please advise guys ..
    thanks,
    narendra

    As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.





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  • gc_lover
    06-24 11:26 AM
    __________________________________________________ ______

    Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.

    __________________________________________________ ______

    I found this article on
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

    So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!



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  • raysaikat
    07-17 01:07 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.
    Does not matter.





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  • jonty_11
    07-05 04:34 PM
    I guess this is the worst time for Lc subs guys to be seeking advice....



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  • whoever
    07-25 03:48 PM
    now what you want to protest for? i guess it should not be misused.





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  • Mahatma
    07-28 09:16 AM
    This is a sort of repeat post for me BUT for the sake of forward movement, I am supporting this motion forward.

    Those who received Green should contribute as much as possible. Sometimes, splitting contribution to recurring (instalment) payments works wonder. This is called small is beautiful in India and Kaizen in Japan. According to this philosophy, if you make 5 phone calls everyday with consistency, you could make numerous calls over a period of time. However, if you try to make 100 calls a day, it does not go much farther.

    Material contribution (money) is important to sustain IV (keeping website up and running, maintenance and other overheads) in this corporate country.

    However, intellectual contribution is very important as well. For some reason if monetary contribution could not be made, one could contribute by knowledge-sharing. Rational and analytical thoughts, balanced ideas and responsible opinions are a huge asset and let us make IV knowlede-driven, smart and sharp organization.

    Bottomline: Contribute by thoughts, donations and best still, both.

    Remember: We are knowledge workers and we can do things smartly and practically.

    Go Ivians!!



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  • renzhee
    03-01 11:25 PM
    I want to konow it too.:)





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  • rdehar
    09-16 11:21 AM
    My AP was los in mail too (see signature). In my case I had gone to India to get 8th year H1 stamping, when the UPS guy left it at my door and I never got it. Yep, UPS, not USPS, this package was sent by my lawyer who knew I was in not at home :)

    I called USCIS when I got back and they said I should re-apply if I need to go outside of US and re-enter on AP in next year, else don't worry.



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  • gimme_GC2006
    07-31 10:42 AM
    Hi,

    I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

    So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

    This is my second trip on AP.

    Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

    Adding to this, my PD will be current from Aug-1st :(

    Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)





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  • Winner
    10-09 11:03 AM
    I see people cursing, hoping, praying etc. But very few understand how bad the situation is.

    Wake up and get active! Least you can do is sign-up for monthly contributions; at least we will have the money to fight this uphill battle



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  • ganguteli
    07-16 09:35 AM
    Hi,
    I need some URGENT HELP here. My I-485 was denied and so has been MTR filed by my attorney. To give you a quick background of my case:

    I-140 approved in 2007
    I-1485 in August 2007
    Received RFE in May 2009. The RFE had two parts to it that are as follows:
    Part 1: Request for Evidence for Birth
    Part 2: When I filed the application, the following question was left unanswered by mistake:Have you ever, in or outside United States been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations

    When i sent the response, i included birth certificates for wife and I but somehow both my attorney and I did not notice that we failed to answer the question - the second part of the RFE. Because of which my I-485 case got denied.

    Within 3 days of receving the denial notice, I , through my attorney filed a MTR that included a signed declaration that I have never been arrested. Today I received an email update from USCIS that my MTR has been denied. I will know more once I get the reasons for denial.

    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.

    Thank you in advance to those who respond.

    How can you and your attorney be so careless?

    If you are no longer on H1B, you have become illegal and will need to go back. This is very sad.

    But my question to attorneys on this forum is this:

    How can people file a complaint against attorney who makes such a mistake. I have heard you can do it in state Bar.

    But please explain the process, pros and cons. And if this really works. A detailed response will be appreciated to help people like one above who paid money to a lawyer thinking he will work professionaly and diligently on the case. However increasingly I find careless attorney cases on the forum.

    I want to also know what you think about this and how one should complain.

    Thank you.





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  • velu07
    06-26 10:05 AM
    If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485





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  • vikki76
    09-18 03:12 PM
    Take infopass, go with your welcome notice, get 551 stamp - it will allow you to travel until you get the physical card. Usually, 551 stamp is valid 1 year from the date of stamping.

    I know some people who have traveled using 551 stamp in the past. They had to go through secondary inspection, carried all their docs with them, but everything went fine.





    girishvar
    08-15 12:09 PM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.





    ampudhukode
    03-24 03:51 PM
    Mr. HarryOm,

    I was really hoping to get my question answered thru this thread. Can you please open another thread for yours ?

    Thanks,
    ampudhukode


    I just got me H1B approval Notice and copy of I-129 petition. There is nothing wrong with approval but I notice few things and have few concerns/questions to the group if some one had similar experience in the past:
    1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
    2. My Alien number does not show up in 797A approval notice as I have pending 485.
    3. The I-94# on passport card does not match with the one on new approval notice.

    Now My questions is :

    Do I need to get this passport#(1) typo fixed now or its ok?

    Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
    Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?

    All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.

    Any suggestions/experience are apreciated.

    Thanks

    PD Sept 2004
    I-485 pending
    I-140 pending
    EAD pending
    AP approved