Sunday, July 3, 2011

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  • snathan
    05-01 12:35 PM
    I would not support this at all. Though it would clear the back log for the primary immigrant. What about the spouse and children. When you get your GC, dont you want to get it for your spouse and kids. Do you want them to keep in limbo for five years. It can be counted against family quota but should be given along with the primary. Otherwise its crap.

    This might be antis work to divide the community. So be aware.




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  • ssingh92
    01-13 08:16 PM
    I am trying to switch employer. The job title and job description is similar what written in my I140. At least 75% job duties are included in new job duties. But none of new employers where I found employment ready to write job duties. What is the other way to show that I am doing similar job duties. Should I keep scree shot of JOB add? Any idea.

    Also my current EAD will expire in Aug,2011 I have to file extension in April. Employer asks if extension is denied... How to explain new employers.

    If job title is exactly same as written in I140/labour does it still require to show job duties written by employer to USICS.

    Thanks in advance.




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  • qasleuth
    02-12 03:52 PM
    So both you and the other guy "qasleuth" have decided not to present any real reasons or arguments to support why I should not advise people to be ethically and morally responsible, but instead go after me to prove that I am somehow also morally corrupt like you guys are.

    You want to bring in refugees from Siberia or where ever into this discussion just to dilute the real topic of the thread. You are no better than any politician for that matter.

    That "qasleuth" has also not answered my question as to where and when I claimed that I am trying to pretend I have better standards than the next person on this forum or anywhere.

    Since the two of you don't have answers to these questions of mine, I rest my case until that!

    You have reading comprehension issues as well...if you get over yourself then you can comprehend things (let me be clear, I am referring here to my own posts and none of the other ones). You made your point on page 2 about the moral/ethical/legal perils of what the OP has done/proposing to do. You were fine with me. Continuously pointing out at other people as to how morally bankrupt they are (including your latest post) or how bad there comm skills are (written or otherwise) will certainly expose you to shots from others (like me). When you continuously point out others' morals then the presumption here is that you are squeaky clean. I pointed out, you are not. That is all. It does not mean, OPs post is morally/ethically/legally on the right side or I hold that opinion (actually I do not).




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  • new_horizon
    03-05 03:59 PM
    I landed in Jan08 thru Windsor border in Michigan. I drove in my car to CA. You'll go to the immigration officer who'll check your landing docs, and then ask you to sign the landing document. Then show them the proof of funds. I had a cashier's check for the amount. Then you'll be asked for an address in CA. If asked tell them you are planning to settle at the address. If you say you are returning to US, they'll not give you the PR card saying when you come to live in CA they'll issue it. I made that mistake. They stamp your passport with the entry stamp. Without a PR card you can't enter CA at an airport. Your only option is driving to CA thru a land border. They'll let you in with just the stamp on the PP. Fortunately I live close to Windsor border.
    As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.



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  • sankap
    07-10 12:57 PM
    @desi3933:
    Permanent means job that is for for a term of indefinite or unlimited duration.
    http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
    This definition is only for researchers/academics in the document. Question is, why can't self-employment be called a "permanent" job? After all, that job is of indefinite or unlimited duration.

    AC-21 is not just for changing GC employer.
    Yes, AC-21 i not just for changing the GC employer. The Yates memo was published in 2001 with a few amendments later.
    Do not confuse existing H-1B job with future GC job.

    H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
    If all H-1B jobs are not permanent, then your definition that a "permanent job is for a term of indefinite or unlimited duration" fails. Please decide what you want to say.

    On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
    "Permanent Labor Certification" does not mean the job has to be "permanent" (you're again *assuming*, no?) It could also mean LC for "permanent" residency!




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  • intheyan
    08-12 02:01 PM
    What does ADIT processing means any idea is that we need to go to local USCIS office for the interview?

    Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I posted it in a new thread but it is not appearing in the home page links



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  • santb1975
    12-15 11:41 PM
    I have been in US since 1998 as well and I have a EB2 PD of Nov 2006. I keep myself healthy and happy. To me if there is no work here there will be work somewhere else and if there is no growth this country there will be growth somewhere else. Cheer up buddy :-)


    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?




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  • StarSun
    02-09 08:24 AM
    Pappu

    The link on your message to donate seems to be broken. can you check into it, or can I just donate to IV through Paypal.

    Yes, you can use paypal. All one time donations go towards DC advocacy efforts.
    Thanks.



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  • Zeb
    07-26 09:08 AM
    but if we take rental, dont they ask why u brought rental?


    Some people have entered on rental car with out any problem. Beside they dont care if you will be staying in canada or coming back to USA.




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  • desi3933
    07-10 12:24 AM
    @desi3933:

    1. From tax standpoint, W2 means the company (could be fully/partly owned by you) is paying tax-at-source. On 1099, *you* do the taxes and hence the hourly rate on 1099 is typically more than that on W2. Yes, you can be an owner of a corporation and file taxes as as a C-Corp or an S-Corp on W2, but not as a "Self-employed."

    2. Yes, I-140 is for "permanent" (definition needed) and FT job, since the sponsoring company has always an "intent" to hire the petitioner in the future. *But* AC21 provision helps you to change employers after 180 days of filing I-485, if your I-140 is approved. The new job has to be "same or similar" to the occupation your I-140 petition was filed for. The "permanent" intent of the original employer disappears under AC21 because you changed employers (or your original employer withdrew I-140, even though he had genuine "intent" at the time of I-140 filing to hire you in the future). I agree that "any memo (including Yates memo) supplements the existing federal regulations," but the Yates memo gives you the AC21 provision, which was a law signed by Pres. Bush.

    3. It is wrong to *infer* that "AC-21 job must be of same type as I-140/labor job, hence must be permanent and full time." As I say in 2. above, the employer who filed your I-140 should have intent, *at I-140 filing time*, to hire you in the future. And that intent is not needed after 180 days of filing I-485 *and* approved I-140, regardless of whether your original employer continues or withdraws your I-140 petition.

    4. You're wrong in your example of "A job with 6 year contract is a temporary job." I've often seen the "6-month contracts" getting extended to 1, 2, 3 years or indefinitely. Similarly, a "permanent" job may last a few months (e.g., because of a recession).

    5. It is true that "all H-1B jobs are temporary in nature and called guest workers," but H-1B (compared with, say TN-1) is a dual intent visa. Once you file I-140, your intent (whether on H1 or EAD) becomes not that of a temporary visitor but as the one seeking a permanent stay in this country.

    6. Again, it's wrong to assume that "most of full time exempt jobs in this country are permanent in nature." And even if they were permanent, in what sense?

    I think we're running into into two issues here. The first one is related to semantics--i.e., what constitutes a "permanent" job? The second one is the *inference/assumption* that, because because I-140 requires you to be on a permanent, FT job (=sponsoring employer has "intent" to hire you in the future), your employment under AC21 provision should be "permanent".

    1. You can be self employed on c-corp as well. Please go to bank of your choice and you will get the answer. I do have business accounts and speaking from my own experience.

    2. Here is one RFE issued by USCIS. This should answer that AC-21 job must be permanent and match your labor/I-140

    If you will no longer be employed by the original Form I-140 petitioner, you may still be eligible to adjust your status under the visa portability provisions of section 106� of the American Competitiveness in the Twenty-First Century Act (AC21), Public Law 106-313. This legislation permits certain adjustment applications to change employers without filing a new immigrant visa petition, provided they are:

    The beneficiary of an immigrant petition approved under section 204(a)(1)(F) of the Act (previously 204(a)(1)(D)), AND The application for adjustment has been pending for more than 180 days, AND the new permanent position is in the same or similar occupational classification as the original employment.

    If you now claim such eligibility, submit a letter from your new employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter must be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter should also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.

    3. See point 2.

    4. Contract extension does not mean job is permanent. And, yes, 6 year contract job is temporary in nature. Permanent job can not have end date. Period.

    5. Dual intent visa means that it can be issued even if I-140 or I-130 has been filed on your behalf. Nothing more than that. GC job is independent of H-1B job.

    6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period. H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.

    7. Here is a case for I-140 that was denied, since offered I-140 job was not permanent full-time job. Read for yourself
    Link to case (http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jan022009_06B6203.pdf)


    ____________________
    Not a legal advice.



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  • abhisam
    07-15 12:42 AM
    I have finally received my FP notice today for my I-485. My case was NSC-CSC-NSC. Never made any service request.

    I have recently applied (paper based) for renewal of EAD and AP. Not sure if that triggered the FP notice.

    I wish good luck to those who are still waiting for FP notice.

    When did u apply for your ead? i am in the same boat and have filed for paper based EAD. hope to get my fp notice soon.




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  • coolmanasip
    07-02 08:52 AM
    Sent out on Friday with an overnight delivery. So hoping that it must reach there today! Lawyers office is busy!!! won't tell the tracking number, only will confirm that it has gone out!!!



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  • reddymjm
    02-17 12:29 PM
    you just completed your payment.

    Your transaction ID for this payment is: 5A429240D924xxxxxx.




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  • shreekarthik
    10-08 06:40 PM
    First I-485 is triggered by an act of the applicant (he has to apply). So USCIS is never going to know whether an earlier applicant is still out there trying to file his application or not. In fact I would blame the entire retrogression on USCIS' attempt at FIFO which is scientifically impossible. It only results in wastage of visa numbers. In 2004 USCIS wasted 47000 visa numbers, in 2006 it wasted 10000 visa numbers. What USCIS could think of doing is just approve whoever is approvable. So the visa bulletin has only 2 possible values "C" and "U". If an earlier I485 applicant is stuck in name check then he should take appropriate action (writing to senators, FL, GWB or file WoM) and get his case adjudicated.

    There are a lot of misconceptions about AoS. Let me write it here.

    1. A visa number is not needed to get AoS adjudicated. A visa number is only required to file the application. But USCIS' stand is that visa number is required both while filing and adjudicating. This according to the statutes and regulations is not true and valid. If USCIS screwed up and delayed adjudicating your application that is their problem. According to statutes and regulations a visa number is only required at the time the application is filed.

    2. Neither Statutes nor regulations call for any fbi name check. Remember FBI name check is different from criminal back ground check or finger print check. The name check is an arbitrary decision by FBI and USCIS and will not stand in any court of law.

    3. An FBI name check was never called for by USCIS on AoS applicants. It was only required for naturalization applicants. FBI screwed up by sending every one's name through this dreaded name check and now claims that it has too many names to check.

    4. If your AoS application is pending for more than a year file a law suit against USCIS because USCIS violated regulations 103.2(b)(18). According to this regulation if an investigation is pending for 6 months district director should review it. At the end of 1 year he should again review it. After that it has to be escalated to higher authorities. Trust me this never happens. Violation of regulations is a serious offense.

    So FIFO will never happen because USCIS cannot control who will apply when. Second FIFO is really bad because USCIS then has to keep shuffling its visa numbers around. Instead if it just approves anyone who is approvable atleast visa numbers would get used.



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  • akhilmahajan
    02-13 02:18 PM
    Bump...............




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  • atmercyofdol
    10-08 02:47 PM
    Are you in the IT field?

    There's no way it can be made 100% FIFO without installing cameras to monitor every IO adjudicating the case.



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  • a_tyagi26
    01-30 03:19 PM
    I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.

    Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.

    or if you are not getting paid you can complain to labor department. Your employer is that body shopper and he should pay you for the period of your h1. He has proved that he has capacity to pay you by filing for LCA and h1b. you having a project was never a condition for you getting paid from your employer. complain to labor department or USCIS if you are not getting paid.




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  • anzerraja
    07-20 04:55 PM
    Dear Members

    For those of you joining us late, here is some info about this thread.

    1. This is to do our least part to the core IV Team for their selfless sacrifice, for all of us getting the benefits of legal immigration. Note that , Aman Kapoor , the co-founder of IV has done his part by sacrificing $64,000/- from his own personal funds towards the administrative costs of IV. Yes you read it right , it is $64,000/- We come to know from his co-worker that he has sold his house towards running this show for us.

    2. We have not yet figured out a way to reimburse these costs as IV does not yet have administrative costs part of the expenditure allocation, as we understand it. So instead of a wait and watch, we decided to go ahead with collecting the pledge from the members on the amount they are putting forth for reimbursing the amount. Once we come up with a strategy(members we look for your suggestions on how to get this done, please add your comments) we will instruct the members pledged to pay out.

    So do not pay it directly to the IV core funds, yet.

    Please help us spread the message about this thread in other threads by copy and pasting the following in other threads too.


    There is a funding drive in this other thread towards reimbursing Aman and other core IV member's expenses towards the administrative costs of IV.

    http://immigrationvoice.org/forum/sh...ad.php?t=10708

    Could you please pledge an amount ?


    Thanks
    Anzer




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  • glus
    05-23 12:01 PM
    This is awesome, glus. Thanks again for putting these fax numbers together.

    No problem...I think fax can be a strong messages since it is a hard copy and it has greater chances to get read quicker than e-mails.. Please take some time and fax them. Fax takes a minute to send if the line is not busy. Keep trying and fax them.




    TheOmbudsman
    10-25 04:32 PM
    I never believed the polls either. Go ahead and research how many pro CIR candidates have experienced decrease in popularity so far, how many cities have initiated ordinances against illegal immigration, how many $ was invested in lobbying senators without much success, how many anti CIR/amnesty calls outnumbered the pro CIR calls. If you do that, you may be shocked.


    Guys,
    I never beleive in polls. The questions are always framed in such a way so that max people go and answer the way the poll wants....example below

    Q1 ... Do you as an American support CIR for resolving immigration issues this country faces ?

    Q2 ... Do you as an American support CIR so that illegal immigrants be a Citizen of this country ?

    Looks at the above two questions, I think for Q1 lot of people would say "Yes" and "No" for the Q2, so I never beleive on the polls , the questions are always framed to get the answer the poll wants.




    GC08
    07-08 05:19 PM
    Do you really believe there are 700K "unique" cases pending.
    I think elimination of Labor Substitution would take out atleast half of 700 K pending labors..

    Making the total new cases definitely managable - "damn again I m thinking logically." :rolleyes:

    Can anyone clarify what's included in the 700k? Those who filed 485? Those who filed or with approved 140? Those with all approved labor? :confused:



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