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  • snddlth
    08-18 08:46 PM
    You can open a PO Box in your name and update the address with USCIS. I've done that.





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  • desi3933
    02-18 07:06 AM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You status is H1 and you are accumulating out-of-status days.

    If your spouse is maintaining H1 status, you can go for H4 visa stamping. You may also use AP to travel.

    If you re-enter US on H4, your status will be H4. However, if you have valid EAD, you can use that for work.

    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • conchshell
    08-22 08:10 PM
    Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)





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  • desitechie
    10-06 03:13 PM
    hello ,

    I filed a address change on line , 10 days back no LUD on any of my forms

    EAD, 131 and I 485 , i know that USCIS should send a mail conforming the

    same How long will it take to get this mail


    thanks

    Did you get the snail mail from USCIS for the AR11 address change?

    Thanks



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  • LOL123
    07-30 01:29 PM
    Please advise..............





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  • ashkam
    03-25 08:17 AM
    How come they cannot consider my EAD, Official transcripts, Graduate status letter?
    Regarding Status letter, I have seen students applying like this and getting query later. What do you say about the students graduating in May (who files like me with OPT card and status letter) and applying for H1 in April?

    You can postpone your graduation but you need to have completed all your credit hours and thesis work if any before you can apply on the master's degree quota. That is what people use their status letters for, to tell the USCIS that they have completed all degree requirements but will graduate later. In your case, since you haven't finished your degree requirements and will not do so by the time you apply for your H1B, the status letter is of no use.



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  • kondur_007
    10-20 09:53 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    There are two issues you must consider (at minimum):

    1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.

    2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.

    Good Luck.





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  • diptam
    08-20 09:22 PM
    Last months 3 days , this month 11days movement only for I-140 skilled !!

    Looks like NSC staffs are all busy opening July 2nd packets :D


    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    That's for NSC.



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  • neel_gump
    05-12 03:20 PM
    Security Checks : How and Why

    The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.

    Background on Security Checks

    All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.

    Why Security Checks are Conducted

    The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.

    We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.

    How Security Checks Work

    The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.

    IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.

    FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.

    Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.

    FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.

    Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.

    Conclusion

    The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.

    We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.





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  • needhelp!
    10-30 02:27 PM
    Microsofties, please support



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  • akkakarla
    09-01 04:45 PM
    Then, I am unlucky then...Can you check your message please...i got interviewed in 10/2005 in Boston and once again in July 2008. They mentioned it is pending visa number available..





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  • uma001
    05-04 04:40 PM
    I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.

    Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.

    Not sure what the employment laws are. Could you please advice?

    According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.



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  • abh
    08-21 11:22 AM
    I have not even used my EAD. I expect it to be related to Birth certificate as i didn't have original and submitted affidavit etc. But not sure may be something else too.

    My lawyer had applied for EB2 in I-140 but approval came for EB3. then they reapplied and next approval came for EB2. May be that.

    Just guessing as that's the only thing i can do now.

    One intresting thing i think my case might have got picked is we applied for my husband's EAD and after that have seen soft LUDs on our cases. may be just coincidence.





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  • saint_2010
    09-21 09:19 PM
    ^



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  • nozerd
    02-23 12:38 PM
    Is IV aware of this meeting

    http://judiciary.senate.gov/hearing.cfm?id=2555





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  • sobers
    02-10 10:55 AM
    It is important because this article distinguishes "skilled" immigration versus "unskilled" immigration. This country needs more of the former as enounced several times by leaders of industry, academia and politics, but the latter issue is somewhat controversional because of its largely "illegal" nature in the U.S.

    Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...


    EU's New Tack on Immigration

    Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
    By JOHN W. MILLER
    February 10, 2006; Page A8

    BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.

    Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.


    "The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.

    In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.

    The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.

    While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.

    Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.

    In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.

    Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.

    The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.

    So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.


    "Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.

    The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.

    For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.

    Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."

    --Andrea Thomas in Berlin contributed to this article.

    Write to John W. Miller at john.miller@dowjones.com1



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  • rajczar
    07-29 05:59 PM
    Hi there, First of all thanks for all active participants you are doing a great service.

    One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.

    1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
    2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
    3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.

    Your responses would be much appreciated. Once again thanks for all your help.





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  • f1togc
    09-09 01:47 AM
    I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

    How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

    This is way too confusing...

    You can enter US on your AP ( I guess thats the purpose of it) and you don't lose your h1 status.
    Babu is right, you will be a parolee and can still work for your h1 sponsoring company.





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  • manderson
    02-27 08:07 AM
    Came across this article:

    Title: U.S. Immigration Reform Bill Could Pass by July

    http://www2.csoonline.com/blog_view.html?CID=29025

    great find. this really sets a barometer for expectations... atleast personally!





    ashkam
    09-06 09:08 AM
    1 : yes you have to file form I-539. Attach copies of her I-94, your I-94, your I-797 and her last two paychecks. Make sure you file this form before her final day at work.

    2 : It will not be against the quota. She can apply for an H1B anytime she wants and can start working once the H1B gets approved.

    3. No she does not need a stamp.





    common1
    01-25 06:10 PM
    Visa Bulletin for February 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4611.html)



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