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  • hpandey
    03-02 11:36 AM
    Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.

    Filing six months in advance seems to be a better idea.




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  • rajeshalex
    12-10 02:18 PM
    Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
    Designation and pay doesnt matter.

    What matters is a permanenet job offer letter and duties should match the
    labor.

    Rajesh Alex




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  • pscdk
    08-21 10:29 AM
    Congratulations.




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  • meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.



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  • seahawks
    09-07 01:40 PM
    emailed my details for lobby day.




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  • roseball
    10-07 06:30 PM
    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."

    The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.



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  • natrajs
    09-03 12:06 PM
    Hardly an hour passed by when I got email from CRIS saying " welcome ..." reminding me of Eagles song "welcome to hotel california ...", this was the very song, I heard for first time while waiting for TOFEL exam in summer of 1999 in Delhi. Oh... such a wonderful place.

    Guys ... kismet changes!

    Congrats and Best Wishes, I wish I get my GC too




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  • vinay.shah73
    01-17 03:12 AM
    Both I and my wife had LUD update on Jan 9th. We got an RFE for her (but not me), asking for evidence regarding the bona fides of marriage. It will be great if you can share your experiences on RFE with us.

    Here is what USCIS specifically requested:
    1. Birth certificates of children
    2. Documents of joint ownership of property such as car title, house (grant deed or rental agreement), etc.
    3. Joint income tax returns
    4. Joint financial accounts such as bank statements
    5. Spousal insurance coverage such as health insurance and life insurance

    In my original application, I had submitted the marriage certificate (in English) from India. I can resubmit that.

    Things that I plan to submit:
    a) Marriage certificate from India.
    b) Joint US income tax returns for 2006.
    c) Joint bank statement.
    d) Kaiser health insurance for spouse.
    e) Joint credit card statements.

    We do not have kids. No car title or house on joint name. No rental agreement or utility bills on joint name. We do not have life insurance.

    Please let me know if these documents sound reasonable enough to convince USCIS. If there is anything else that I can provide, please do let me know.

    Thanks a lot!
    vinay.shah73@gmail.com

    PS: I filed I-485 in Jan 2007 under EB-1 in Nebraska Service Center. My I-140 was also approved in Jan 2007. This was not a concurrent filing. I filed I-485 after getting I-140 approved. Got finger-print, EAD, AP in April.



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  • Saralayar
    01-13 10:44 PM
    Received I140 Approved Documents using FOI Act.

    I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
    Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.

    Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.
    How long it took for you to get a copy of your I-140?. Did you get the copies of your Labor certifcation details too?. Was your case filed in PERM?. I appreciate your reply in advance.




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  • Can45
    03-03 09:46 PM
    I just receive the best Christmas gift I could ever ask for?? My name check and background check is clear after 2 years.....Now I'm receive my GC so I can start traveling......All my interview was approve so now they are (order card)....Enjoy ur Holiday.......



    I am trying to understand how much time i have left to wait for GC ????:confused:

    How do you know you have been stuck in name check ?:eek:

    I am current with my dates:

    The March Visa Bulletin Priority date indicates 01 Jan 2005 (my PD date is Jan 04)
    And
    Nebraska Service Center Processing Dates -posted Feb 15 08- indicates a I-485 EB �processing time frame� of July 30th 07 (my Notice date is mid July 07


    can it be long now ? :confused:



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  • lord_labaku
    04-14 12:43 AM
    Your friend is capable of a lot; but incapable of asking his own questions !!! Not being cynical or rubbing salt on a wound....but whats the harm in claiming that its your own problem instead of a 3rd persons.?

    Given 'your friends' patents & papers in the technical field, self employment as consultant could be possible.

    Also ask opinion of attorney on actually incorporating LLC....timing of incorporating such LLC after receiving RFE can be suspect.

    Good luck - to your friend.




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  • carbon
    09-25 04:19 PM
    I agree that 1/2 million people can't impact housing market significantly.
    but look at the numbers, 1/2 million people means $100 billion untapped
    market. Personaly I can't imagine any business community who wouldn't consider
    this huge potential market seriously.(We are not poor
    immigrants that they can ignore, we are professinals with good credit)

    Who knows they might help a little to push our issues in DC or reach our goal of
    raising 60K !

    All IV has to do is send a simple letter to them. Whats harm in doing that !!!



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  • Rakson
    03-03 06:58 PM
    You have added important point for consideration. Thanks!


    I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...

    A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?

    Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).

    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?

    Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.

    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?

    Rajeev >> Yes, its possible if revoke is not due to fraud filing..

    1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?

    Rajeev >> No, this is not true. USCIS is still approving as before.

    2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.

    Rajeev >> Yes, this could happen as every filing is new and handled from starting.

    3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?

    Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.

    4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).

    Rajeev >> No, L2+EAD period is not counted like H1 & L1.




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  • neoneo
    07-17 12:49 AM
    Hi,
    My attorney is requesting that I need to submit Tax return for filing AOS.
    I had sent W2 forms
    Is tax return separate from W2 , I am confused..:confused:

    Pls help


    W-2 is the form you would have received from your employer. Against which you field your tax returns. relax and send both. W2- says what you've earned. Tax returns explains what IRS has earned on you. Everyone's happy.

    there are cases where people earned W2 but did not pay tax differences ie did not file returns.

    Well, some of this maybe extra information. Basically the attorney is trying to play safe.



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  • indianindian2006
    09-16 04:29 PM
    Called again and made a few friends call.




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  • snathan
    04-13 07:45 AM
    US needs EB1 and Ph.Ds

    Others not contribute as much

    But defintely not fake EB1C...they can take your GC and give it to other deserving people:D



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  • mheggade
    08-01 01:07 PM
    Here is my prediction.
    With July Fiasco INS has learnt their lessons.
    They have potential to process and approve 40K cases in one month.

    Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
    I think they might even issue again 40K cases in october ?
    Why not ?
    So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
    So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
    I would say dont be surprised if it takes just one month to approve ?????

    Is it just your imagination or did you base this on any source.




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  • immi_enthu
    09-27 04:04 PM
    His Response:
    Yes, it happens. However, they two will be combined eventually.

    ----- Original Message -----
    Sent: Monday, September 17, 2007 12:40 PM
    Subject: Different Alien Registration Numbers on approved I 140 and 485
    receipt notice

    My question:
    >
    > I have two different Alien Registration Numbers in my I 140 and 485
    > receipt notice. Do I need to worry about it ?
    >
    > Thanks-


    Very vague response. When I asked if there will be any delay due to this, no response so far.




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  • kprgroup
    08-03 05:21 AM
    My EAD details

    Mailed Date : 5/24/10
    Received Date : 5/26/10
    Notice Date: 06/03/10
    Checks Cashed: Yes
    File Type: Paper/E-filed/Lawyer - Lawyer
    Service Center/Lockbox : TSC
    RFE DATE: N/A
    RFE Description: N/A
    SR Opened: Yes ( 07/26/2010)
    InfoPass: NO
    Current EAD Expiry: 9/03/10
    Approval Date:
    Approval Desc:
    EAD Validity:


    I have opened SR @( 07/26/2010) and got the reply back by mail below
    ----------------------------------------------------------------------------------------------------
    The status of the Service Request is
    Case type:-- I765

    The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.

    Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file

    -----------------------------------------------------------------------------------------------------

    Is this denial of service request or denial of EAD Renewal?
    I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.

    What should I do now? Please let me know.

    Thx
    KPR




    Jeff Wheeler
    11-30 01:11 AM
    why would flash people move on to flex ? That makes no sense at all.

    Either you have no idea what you're talking about, or you think you do, but you really don't.

    Is this directed at me?




    chanduv23
    07-06 09:49 PM
    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris

    Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.

    Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.

    Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.



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