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  • snathan
    11-05 11:44 AM
    you can help himm

    AKSHAYA U.S.A.� | �Krishnan Narayanan� | �2010 Top 10 CNN Hero (http://akshayausa.org/)





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  • GC_Applicant
    07-31 01:54 PM
    Is your approved PERM (I-140/I-485 applied based on that PERM) and your earlier LC (in BEC) are from the same employer??





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  • kshitijnt
    05-14 07:44 PM
    Dont worry they would not retaliate. I had written highly critical emails back in 2004. Not a problem.





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  • HawaldarNaik
    09-28 09:48 AM
    No checks cashed, no reciepts in sight.

    I grew up hearing that most of the things in America are right and extremely efficient.

    However the 485 application processing has left me baffled...astounded...

    Not that i am sad that my collegues who filed way way after i did got their reciepts, EAD etc....but the fact that i always thought that there was a proper process in place or atleast a mechanism where applications were processed based on date filed

    Today when i call up the 1-800 no they either say 90 days not up...or if i lie and say 90 days up...they say not in the system and will take time...

    I thought America was about accountability...responsiblity and ensuring that in case there are errors....prompt action is taken to address the same....i dont see that...at least in my case....

    ur thoughts...



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  • fromnaija
    01-23 10:39 AM
    I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..

    Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:

    No, you are not required to be on the payroll for employer to file PERM since GC is for future employment.





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  • smuggymba
    10-18 03:13 PM
    My wife's on EAP (OPT), which is valid till next year and will be going to texas DMV tomorrow.

    any exp with texas DMV about giving DL to EAD OPT holders?



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  • gapala
    09-05 10:01 PM
    I guess, your picture was taken at local ASC. Call customer care asap and inform them about this mistake. If needed setup infopass and visit local office. Hope you will soon get it corrected from CIS





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  • GCapplicant
    02-01 07:57 PM
    We had a similar problem during Dec 06 - Our bill came around 400 ...We reside in NJ...

    We were surprised because we spent almost 20 days in Florida.

    when we called our provider there wasn't much help ,they never accepted that it was a fault.

    I immediately took a picture of my reading from the meter ,and gave copies to them and old bills of the last two years winter.

    Then thet agreed not to charge for three months.

    So check your meter...and previous bills usage ...for comparison...

    But where were you at a stretch all those months??



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  • amitjoey
    11-21 04:54 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.





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  • chanduv23
    08-15 08:46 AM
    One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.

    If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up



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  • wandmaker
    12-18 11:27 PM
    Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.

    One must apply for 140 with in 180 days the labor approval. Labor substitution has been discontinued.





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  • HV000
    11-17 11:26 AM
    This shows how ignorant U.S. Senate is!! Only now they will recognize the most important festival of the 3rd Largest religion in the world!!!

    U.S. wasted NO time in recognizing Jewish festivals!!



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  • Waitingnvain
    02-08 10:01 AM
    I will be in transit through Amsterdam, do I need a transit visa and are there any problems with travelling on Advance Parole.

    Thanks





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  • lostinbeta
    10-04 12:18 AM
    I use the rectangle marquee tool. I guess it all depends on personal preference. If you use the rectangle shape tool you will have to right click on the layer and hit "Rasterize Layer" to be able to edit the object.

    If you use the marquee tool you just have to fill it with paint and everything is set.

    Not to mention, if you use the shape tool, it automatically creates the shape on a new layer, but if you use the marquee tool, your fill color will end up on the layer you currently have selected.

    Let me know how everything goes :)



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  • factoryman
    06-19 01:31 PM
    Don't know what the officer will do. Don't tell me I didn't tell you.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.




    any members planning consular processing in delhi ???
    please respond





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  • desi3933
    08-13 11:55 AM
    If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.

    Incorrect.

    Please refer to this link -- Renunciation of U.S. Citizenship (http://travel.state.gov/law/citizenship/citizenship_776.html)

    another link Loss of nationality by native-born or naturalized citizen (http://www.law.cornell.edu/uscode/8/1481.html)



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  • paddy.
    03-06 06:29 PM
    I expect you all to vote for me. :evil:






    I voted for mlkedave. :)





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  • chandra_mb
    07-23 04:56 PM
    Hi,

    The EAD instrucions are as following ....EAD Applicants Who Have Filed For Adjustment of Status.

    Adjustment Applicant--(c)(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending. You may file Form I-765 together with your Form I-485.


    "or other evidence" ... So I think Case status printout + FP notice should be good enough.





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  • crystal
    08-02 01:06 PM
    if you want to get something from India. I think DHL is ok so far for me. But make sure that you are shipping it from the DHL main center .Never ever do it from normal (shop)braches as they would take their own sweet time to deliver them to main center.

    I was wanted to know what is the best way to get something from India, please share if you had any experience.

    thanks





    sobers
    02-08 02:58 PM
    Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
    http://msnbc.msn.com/id/11221265/

    Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.

    Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".

    The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.

    Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.

    "These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.

    "Instead of arbitrary caps, a market-based approach that responds to demand is needed."

    The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.

    Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.

    "We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.

    Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.

    "Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."

    Craig Barrett: America should open its doors wide to foreign talent


    --------
    IV Moderators- please use this information in your presentations.





    sankar_203
    04-01 05:54 PM
    Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???

    If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.

    Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..



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