суббота, 25 июня 2011 г.

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  • mhtanim
    01-30 01:52 AM
    Just today, I spoke to one of my freind, he is also from Bangladesh and his PD is sometime in 2006. He got his GC. So it could very well be true. If you want PM me and I can give you his phone number, you are his compatriot after all.

    If your friend is under EB2 category, then yes, his GC is no surpise. However, if PD is not current, I am not sure how someone's GC can be approved without calling it a USCIS' mistake.

    Comments from anybody with more knowledge on this will be highly appreciated.




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  • ramnadhan
    12-13 04:49 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram




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  • jsb
    03-25 03:53 PM
    Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).

    My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.

    "contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.




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  • ujjvalkoul
    06-25 06:35 PM
    It Has To Be A Desi Man!!



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  • rameshvaid
    05-27 04:57 PM
    I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).

    If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.

    Pls. reply to my PM, I sent you earlier.

    Thanks..

    RV




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  • mantagon
    07-15 01:01 PM
    If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.



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  • rsdang
    08-15 03:54 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).


    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.


    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.



    And thank you for staying to help the rest...




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  • GCwaitforever
    02-13 01:44 PM
    Stuck in Immigration backlog? Join IV for a furlong.



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  • suratvoice
    12-17 11:06 AM
    Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.

    Where can I find these job codes, I can lookup the old job code because I have the 750, but for the new one, where can i find that, I just have the company's job posting...




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  • Ramba
    10-05 03:57 PM
    Hello all,

    I haven't got my question answered by any other posts, so creating a new thread.

    I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.

    If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.

    Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?

    Thank you all in advance for your expert comments and immense help.

    Sincerely,
    Sujit


    Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.



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  • crystal
    04-11 02:56 PM
    When I look at any member public profile , I dont see Labor prority date and Category (Eb2/eb3). This is I guess because Labor priority date and category fields are not in addition information part of the profile. We need to move those fields into additional information part .




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  • lacrossegc
    09-06 05:34 PM
    bkarnik , I agree ...but ABC USA and ABC Canada are two totally seperate companies for immigration/H1/GC purposes.

    When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
    When working in Canada -- ABC USA pays nothing, ABC Canada pays

    Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.

    !!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal

    I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.



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  • logiclife
    02-08 11:48 AM
    You want to keep your 140 intact for 2 reasons:

    1. To port the priority date for future use in a subsequent Greencard petition.
    2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.

    First, about 1:

    There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.

    In a nutshell:
    Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.

    About 2:

    If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
    Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.

    About preventing 140 from being revoked:

    I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.




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  • eilsoe
    10-03 07:58 AM
    Actually lost, that's not a basic form, i do it all the time!! :P

    It's the easiest way really. The gradient tool sometimes gives you weird colors when fading to tranparent..

    Nice one lost! :P



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  • sandy_77
    09-16 06:06 AM
    They may ask you whether you are going to work at the employers location or whether you are going to work at some third party's location. In the latter case you you may be asked to submit a copy of the contract between the end client and your company for your job specifically. Your previous denial may have an impact but your new case should not be rejected if you have sufficient documentation. Only if the previous denial was because of a "fraud" should it become a difficult issue for you to get a visa because i think such cases have a limitation of a few years before you can re-apply.


    Hi Suresh,

    thanks for your time and effort to thoroughly answer my questions.

    I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.

    So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?

    Thanks.




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  • anandrajesh
    08-15 11:55 AM
    USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.

    Welcome to the Weird World of USCIS where there are no rules to be followed.



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  • rajuram
    05-06 11:17 PM
    I am a jul 2007 filer, EB3 India, Priority Date 4/2002.

    Around 10 days ago, I got a soft lud for the first time on my 485!!! Since my PD is not current, why would LUD change? Does it mean that they are looking at it?




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  • wikipedia_fan
    04-09 03:04 PM
    Guys and Gals,
    I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

    Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.

    Questions:

    Is this legal?
    Is it a common practice?

    Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Thanks for your time.

    If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
    It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

    a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

    The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

    It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

    Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

    Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

    Please talk to an experienced immigration Attorney and they can explain all this stuff.




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  • tinuverma
    03-18 11:45 AM
    I am on H1 (8th year - not using EAD which I have) right now and a citizen friend of mine wants me to be involved with his website company. Business would involve subscription based access to website. He has hinted that one thing he is willing to consider is awarding me some percentage share in the company in return for my services as his website is not yet profitable.
    If I would like to take that, what is the way to go?
    1. Specifically, can someone tell me what I should do - LLC, something else...?
    2. How would I pay myself from this without breaking H1-B laws?
    3. If tomorrow I wanna close this company as I dont want to keep it for any reason, is there anything I need to be concerned with? Or it's as easy to close as a simple status update, call, etc?

    Thanks
    T




    GCard_Dream
    07-09 02:07 AM
    Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

    Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?




    gcgonewild
    02-14 12:25 PM
    Since you have GC, don't bother about joining the client right now.

    Take a break or vacation. Join some other vendor for sometime.

    Change your home address. Don't ever take up any mail package.

    NJ is not like California. You are indeed answerable, not because the non-compete is valid, but since you have signed some thing that says non-compete.
    Rarely these BSs stand all the way to trial, yet they want to intimidate you, take your money and happiness.

    These suckers need to be shown where they belong.

    Make sure you have documents of everything. Paystubs from the day one you joined. New LCAs for all your work location and you've been paid all prevailing wages etc.

    It is advisible you contact a lawyer asap. Do not waste any time.

    PM me.



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