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  • snathan
    04-30 12:28 PM
    Not Yet...But murthy.com says they are considering to reinstate PP for I-140. Check murthy.com for more information on this





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  • mallickarjunreddy
    05-18 06:34 PM
    3 deportations at POE (EWR) till date this yr .
    only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky

    P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent

    thanks





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  • vempati
    09-12 05:53 PM
    Submitted on July 2 nd received by R. Mickels and case transfer to TSC.

    EB 2 PD Nov 2005
    I140 Approved May 2006
    EAD : Cards mailed on Sept 5th and Approved on Sept 10th
    FP Sept 24th





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  • met3259
    10-10 04:32 PM
    Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.

    For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -

    I also just got GC

    I think that in this case this person can "move on". HOWEVER - I would retain STRONG DOCUMENTATION that this is not your choice and that the consulting firm is letting you go!

    We need to understand this as a group and my attorney tells me that: I am being brought into this country to do this job - I can not simply leave the next day after getting GC on my own accord (unless in very similar job -- as in this case); BUT this is a grey area where we must spend "some" amount of time in the job we are being brought in for -- six months? 9 months? 1 yr?

    My attorney has indicated 6-9 months is reasonable to move on to something completly new (as I have been doing this job for 6.8 years and am tired of it).

    Help anyone???????



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  • SGP
    10-28 10:38 AM
    Hi Guys,
    I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

    Good news is another company has already applied for my H1 transfer.

    I will appreciate all suggestions and advices for which I thank you in advance.





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

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

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


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

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

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

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

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

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



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  • eb3_nepa
    08-13 09:39 PM
    Last week we all got the LUD of 08/05/2007 also a Sunday. My lawyer said maybe it was a mass update, but now I am beginning to wonder if that is the case.

    Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing

    You are not a concurrent filer.

    Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.





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  • Lasantha
    03-18 04:10 PM
    Welcome to IV. Wish I could help you but I don't have a clue about marriage based GC applications. Infact majority of the people here are on the Employment Based GC path but I hope someone can show you the path.

    In the meantime also try these forums.

    http://britishexpats.com/forum/forumdisplay.php?f=34

    http://groups.google.com/group/misc.immigration.usa/topics

    They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.

    Best of luck and congratulations !!!:cool:


    I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!

    We both will be in the US during this process.

    Me > :confused:
    My Wife > :(

    Here is our current situation:

    1. I've been back and forth to Thailand for better part of three years for tsunami relief.

    2. Met my wife doing relief work.

    3. She applied for visitor visa at US Embassy in Bangkok March 2007.

    4. Came first time to US May 2007

    5. Married in California in July 2007 (had not intended to, but we fell in love!)

    6. Returned to Thailand Sept 2007

    7. Returned to US (together) Dec 2007 and are here now (March 2008)

    8. Have filled out forms:


    I-130 Petition for Alien Relative
    I-485 Permanent Res/Adjust Status
    I-325A Bio for each of us
    I-134 Affidavit of Support
    I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?


    I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?

    Please get me going on this and then I can stop pulling my hair out.

    I discoverd this forum today and am so happy I've found it! :D



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  • bkarnik
    05-18 09:25 PM
    Welcome to our news member Selvaela..

    Good job Samcam...keep up the good work :)





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  • gc_mania_03
    06-24 10:00 AM
    Even I am going back to school full-time with my wife on EAD with AOS pending. As far as I know there are no issues. If there are any specifics in your case, just consult your attorney.

    I remember in one of the calls with attorney[organized by IV], I was told I don't have to worry about producing pay-stubs.

    -gc_mania_03



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  • rc0878
    10-25 08:40 AM
    Quizzer,

    This is a great idea. My EB3 pending for almost a year now at NSC and cases at TSC are being cleared well with in the 6 month timeframe.

    I really wish IV could take this as a top priority issue.

    Lets have other members support us in this.

    RC





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  • Roger Binny
    10-15 06:47 PM
    My case is also similar.

    Applied labor in 2002 under Eb3 category
    I-140 approved in 2006.


    Applied labor in 2007 under EB2 category( same Company)
    Applied I-140 Eb2 and requested to port EB3 Priority date.
    I-140 got approved but did not port EB3 priority date.

    Applied I-485 in 2007 using eb3 labor and I-140.


    As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
    My attroney sent SR last month to port priority date on EB2 I-140.
    I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
    Still waiting for response.
    I don't know how long USCIS will take to port PD.

    Ekkati

    Sounds like, they are considering your SR, but time gap is just a week, so atleast one or two weeks to go i guess.



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  • ekkatip
    11-06 05:59 PM
    My Friend has two I-140 one EB3 2002 PD and Other EB2 2008PD.
    Last week he got his GC. He never requested to port PD. USCIS ported his PD and approved his case.


    My I-140 EB3 PD 2002 approved in 2006
    I applied new labor in EB2 category and while applying I-140 my attorney requested to port EB3 PD. USCIS approved EB2 I-140 without porting PD.

    Recently My attorney sent another request to port PD , I saw LUD's on I-140 and 485 but no luck so far.

    Couple of my friends successfully ported PD and got GC.





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  • Raj Iyer
    09-13 12:13 PM
    Hi:
    IF your I-485 is not denied, then you don't have any unlawful presence. What was your non-immigrant status at the time of filing the EB-1 petition?



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  • krishnam70
    05-04 10:12 PM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.

    Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.

    Any suggestions on how to respond to this RFE.

    Thanks

    It happened to me too, though my attorney advised to correct this before filing our 485. I was forced to take a vacation by my employer to go out of country and enter getting us a new I-94. Do u have any inspection documents etc that were given at the POE you might be able to provide that as proof.

    - cheers
    kris





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  • wandmaker
    04-28 08:50 AM
    what if they are both used in the same sentence for the same case like they did for OP ? :)

    My best guess is :D

    pre-adjudicated under review = it is not over yet :)



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  • Desi4GC
    08-07 08:47 PM
    Hello members,

    I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
    How should I present this on form I-485 (question about citation/arrest)?





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  • prioritydate
    08-13 12:31 AM
    When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?





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  • raysaikat
    08-22 02:48 AM
    Thanks for your suggestions - minimalist,prem_goel,gconmymind.


    If she attends for the visa stamping in India,
    1) When can she go to consulate - before October 1 or after October 1.

    Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.

    2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).

    She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.

    3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)


    Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.


    4) Can they ask for more details like client letter,etc - chennai

    Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.

    If she plans to come back on H4
    1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.

    Thanks in advance.

    Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.





    stillhowlong
    01-17 02:57 PM
    Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

    If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

    Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

    Good luck
    Raj:)

    Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
    1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
    Thanks
    SHL





    ArkBird
    12-08 03:50 PM
    I wish! :)

    I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!

    Yes. We are foreigners no matter how much tax we pay or how law abiding we are...


    We are legal immigrants and most importantly - tax payers, shouldn't that be enough??



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