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  • pasupuleti
    08-28 01:45 PM
    I got same response. Should i be concerned?

    Thank you for answering.

    Below is the response I got today in email. For the "additional review" part should I be concerned

    The status of this service request is:

    Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.

    If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.





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  • velan
    06-22 01:56 PM
    Well said. Be positive and work with IV core team to get something done.


    Just an assessment on where we are collectively as a group:

    312 new members in June 2006
    1100 new members in May 2006
    1400 new members in April 2006
    1000 new members in March 2006
    400 new members in February 2006
    600 new members in January 2006

    4812 in total membership.

    Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.

    Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.

    I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.

    On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.

    Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.

    Peace out!





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  • jsb
    09-13 12:57 PM
    No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.

    Thanx!

    Yes, delivery at 10:25 and received by J BARRET at NSC. I-140 at TSC, so I assume case was transferred to TSC. Nothing heard yet. Called yesterday, was told to wait for another 30 days.

    EB2-India
    PD May 2004
    I-140 June 2006 at TSC
    Canadian Citizen for 25 years





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  • immgirl
    06-03 12:20 AM
    Don't be ridiculous. If your I-140 and I-485 are approved, this will not affect it. They are auditing PERM that is in process. FYI- Your employer needs to show that there are no qualified US workers for the position that they are recruiting for on PERM. This audit is about employers using FDBL to try to disqualify qualified US workers. This audit will delay PERM applications, but will not affect I-140 s or I-485's that are approved.



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  • gcformeornot
    10-13 07:28 AM
    She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.

    you luck.





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  • sk.aggarwal
    02-08 07:58 PM
    Good. Just make sure the lawyers are eligible to practice employment law in the state you have been sued in. Stay cool and just make sure this gets resolved ASAP. Attorney and law suits are very expensive and can run into several thousand dollars if you drag it longer. Save the trouble, hire an attorney with clear mandate to negotiate with your employer's attorney. Courts also provide an arbitration process. Tell your attorney that you don't have money and what will be the cheapest and fastest way to resolve this. See where it goes.



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  • rkm
    08-16 10:00 AM
    Why dont you put a counter in the excel sheet based on the pending cases, will know how many people are in line to get approval.
    I observed this repeatedly, a gmail user "prakashnetmkt" has been deleting all data repeatedly and I believe intentionally. I have reverted back to the old revision again.

    I have modified some permissions, so now you do have to login to be able to edit. Still it is easy to mess up the data if you want t

    Link below:

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest





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  • ganguteli
    02-03 01:54 PM
    Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.

    Go back...

    Dude 'Fairlyangel' may be 'Tunnel rat' now posing as an angel . He is trying real hard to show H1Bs as fraud but he himself is faking his identity on IV and doing fraud.

    Common, post your real name and real resume if you have any guts. Stop being annonymous if you really want to change the system.
    :D:D:D:D



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  • sunny1000
    06-19 07:12 PM
    The below thread has a lot of info.

    http://immigrationvoice.org/forum/showthread.php?t=16145&highlight=PIMS





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  • ksrk
    02-13 04:36 AM
    Dilip,
    In all your comments, you said nothing of your PD or EB category or your country of birth for that matter. It is difficult for anyone to quell your anxiety without that information. Check with your (or any) immigration attorney for a more substantial answer.

    The bottom line is that a visa number should be available when it comes time to adjudicate your case, meaning that your PD should be current at the time the officer picks up your case AND a visa number available for him/her to assign to you (and your dependents, if you have any).

    Else, the I-485 processing date means nothing, as has been stated by other members earlier. Yes, retrogression sucks!



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  • willigetgc?
    12-03 09:29 AM
    Is there anything that can be done to fix this? write or talk to someone in uscis or ombudsman's office?





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  • dilipb
    02-13 09:24 AM
    I am EB3, Indian, PD Aug 2004.
    This is stupid.
    "PD should be current to apply for 485
    and PD should also be current for them to approve my 485"

    Yup, retrogression sucketh.



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  • yagw
    07-27 12:28 AM
    I need your input.
    My PD was Feb 2006-EB2.
    I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.

    I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.

    1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
    I am thinking since the job change is very recent they might not know about this job change.


    Its not mandatory to file AC21. If at all any RFE for EVL, you can respond at that time with your new job info.


    2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?



    My understanding is, till your MTR is approved, you cannot work. Ofcourse, this applies only if you're using EAD based on that i-485. If you're still on H1/other visa or using EAD based on some other I-485, this wont apply to you.


    Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.


    I agree.. at this time just let it take the course...



    Thank you very much for your advice and help in this matter.

    BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...

    DISCLAIMER: I am not an Attorney and this is not a legal advice.





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  • immigrant-in-law
    04-24 08:50 AM
    The same happened in my case. Got informed by the lawyer yesterday that my wife's 485 has an RFE and that USCIS has asked for a copy of marriage cert and some pictures of the ceremony/celebrations etc. I do remember sending them this stuff when we initially filed 485.

    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.



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  • varshadas
    11-08 12:25 PM
    I am not sure how you are seeing 14000 EB3 visa in totals. If you look at the table that says India, there are approx 8000 visas or so around Dec 02 for India alone. In addition, I believe the country quota is 7% and not 10% but I could be mistaken on that.

    Since you would get approx 3000 EB3 visa's every year, that is why the PD is not moving.





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  • nagio
    10-05 04:38 PM
    Thanks Pappu!. Go IV.



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  • smuggymba
    08-19 12:56 PM
    Put ur head together and tell me is it too difficult to tell where he is from?

    Put ur head together and don't speculate. He can be a US citizen, or a UK citizen or a Sri Lankan or a Senegalese.....stop speculating and defending your ridiculous post.





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  • webm
    02-28 10:42 AM
    Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"


    Is your friend didn't get FP notice last year or no FP done so far??





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  • axp817
    03-28 01:46 PM
    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

    Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.

    An easy way to figure this out is as follows

    1. You have to file state tax returns in the state of your residence.

    2. You have to file state tax returns in state of employment (where your employer is) IF
    the employer withheld taxes (for that state) from your paycheck. Technically, they
    shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
    returns is if they amend the W-2 and give you a new one without the tax withheld.

    3. You have to file state tax returns in the state where you perform work on your
    employer's behalf (this applies mostly to consulting scenarios where an employee is
    deployed on assignments across the country and the only time you don't have to file
    taxes in the third situation is when the work performed was for a short period of time
    (less than a certain number of months, I am not sure exactly how many, but I think it is
    9 or 10 months).


    In many cases the state of residence, employment, etc. are all the same, in some cases they are not.

    One of the exceptions is states which don't have state income tax, e.g. Texas.

    Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.

    e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.

    That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.

    OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.

    Good luck,





    joydiptac
    04-14 02:58 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.

    I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
    There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
    �Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
    -Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
    But the Attorneys believe that this alone will not cause you to get in trouble.
    My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
    But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.

    This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.





    dsneyog
    11-29 07:51 PM
    I would still like to know if I can e-file? This is the first time I am filing for AP. I didn't do it along with my EAD application.

    Thanks



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