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  • mambarg
    09-26 12:41 PM
    If you see data.
    Approvals started happening only in JUNE, JULY, AUG, SEP.

    So all applications till first few weeks of JUNE have got VISA numbers and are getting approved.
    Those who filed after JUNE 15th, need to wait till next week i.e Oct 1, to get VISA assigned.
    But only those current in Oct will get VISA number assigned.

    Also worry is they may take it easy and wait till next May/June to start the RUSH or if they keep the pace, then the july fiasco is acutally a boon to all waiting . Imagine, the GC process time is 3-4 months now instead of years.

    Things have definitely changed for better at USCIS due to fiasco.




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  • snathan
    02-03 02:20 PM
    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

    His resume is available at

    http://www.itgrunt.com/




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  • eyeswe
    02-11 06:23 PM
    Sidd_
    You can call your parents here for graduation. As someone mentioned an Univ letter will def make a difference.
    However "sponsoring" is a bit more tricky, given that you are on F1. If you hav steady income GA/RA you can use that to support.If you have savings from your OPT, you can use that as well. the thing taht is tricky is you do have to assume a certain amount of expense for parents for the period that they may be in US and compare that to your savings, if you are the sponsorer.
    Their rejections will be in the db and could be a bother, esp if you are the only child (not sure if that is in US or you have siblings in India). Your parents will need solid proof to convince that they intend to return.Something like a return airticket etc could make some difference
    My 2c. As always my note is not legal advice




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  • EndlessWait
    01-15 11:53 AM
    lol.. i love this capitalistic society...



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  • Singer
    10-21 11:06 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer




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  • obelix
    07-27 03:14 PM
    Thanks.

    Yes, you need to know your original title that was used.



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  • Axilleus
    10-24 08:43 AM
    Finally! Last night at 8:00 pm EST I received an email from CRIS saying that the Card production was ordered. That is awesome.
    I assume that I should get the card in about 5-10 business days.
    Does anyone know how long it takes to get the EAD after the card production is ordered?




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  • waitin_toolong
    10-01 02:31 PM
    there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

    eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

    but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.


    For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

    You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.



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  • greencardvow
    08-03 06:59 PM
    H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
    Fire your company lawyer for incorrect information.




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  • jlt007us
    09-14 02:42 PM
    jlt007us,

    Sorry for your situation & I would suggest you better contact an experienced lawyer...who can advice you closely and assist you in this situation.


    Soni-

    Thankyou! That's what I intend to do. We need to wait till we get the denial notice and then plan on MTR/Apeal. I am planning to consult more than one lawyer just to be safe. I just wanted to see if any of the forum members came across similar case.



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  • sk.aggarwal
    02-15 05:35 PM
    I am in 6th year of H1 and my company is working to file Labor. If I include time spent outside US, I have time till April 25th to file it . I got a call from paralegal on my case, saying that process has changed since Jan 1 and we need to get prevailing wage from Washington which might take like 5 months? Is this true? Is it possible to submit job order based on my present salary hoping that prevailing wage will come lower than this number? Is this workable? Please help to advice. If nothing works, I need to start planning to leave US.




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  • nixstor
    07-18 09:02 AM
    hi Guys,
    I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
    Lets discuss its relevance? What does the Core think about this.?

    Wow! out of 20k, 300 people have signed up for monthly contributions. Here we are thinking about hiring a couple of attorneys for the whole org. Sounds ideal, but there are many reasons why applicants will still have to go with the lawyer, their employer picks.



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  • jlt007us
    09-14 01:24 PM
    Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.

    The company is very healthy financially and has around 100 employees on payroll. They have successfully processed many GCs for the existing employees in the last 3 years. The irony is one of my friends that filed with me on the same advertisement and profile got his GC 18 months ago!!




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  • dhirajs98
    04-09 10:27 AM
    I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.

    What needs to be done to make sure she in on her EAD now and not on H4 anymore?

    How she can become an employee of her own company and get payed every 15 days.

    What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?

    Please advise.



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  • Libra
    08-03 10:17 AM
    Guys, please consider contributing for sept rally............




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  • gcgreen
    07-07 04:04 PM
    to my knowledge, the first year that she started it would be no problem.
    but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.

    for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15

    the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.

    But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.

    The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.

    You can find more info at:
    http://www.fairmark.com/estimate/whomust.htm
    http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate

    I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.


    Continuation..
    My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).

    We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?

    That would make things so much more easier..



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  • kdprasad
    07-17 05:57 PM
    THANKS IV and

    CONGRATULATIONS TO EVERYONE




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  • centrum
    09-25 07:19 PM
    Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.

    Thank you so much for your reply. What you said was exactly what I wanted to hear. You said passport has no importance for immigration (GC) purpose. How about for H-1B extension? I do not plan to travel until I obtain the GC. Where can I find I-94 expiration date and does I-94 have to be renewed with a valid (not expired) passport? TIA.




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  • dealsnet
    06-11 11:46 PM
    How she keep AOS status (I-485) when out of the country for long period, and do not have AP, while go out of the country. She can come on H-4, but, I don't know, she can be on AOS status for green card. Consult a lawyer.
    Hello Gurus,

    Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.

    Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.

    Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.

    The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???

    Biometrics Processing Stamp
    ASC Site Code:______
    Biometrics QA Review By:_____ On ________
    Ten Prints QA Review by:_____ on ________

    I really do not know what to do. I request you all Gurus, please help me to handle this issue.

    Thank you.




    pappu
    08-23 06:35 PM
    I tried to educate some of the university students( MS) about our issue. They dont
    even care! Its seems like, they think, somebody else will take care of this
    Its bound to happen. Everyone thinks others will do it, and they dont care(dont want to make any efforts) even though they really want GCs from their inside. Howver we will still find some people who care for this cause and will join the group. so its worth trying.

    thanks again for at least trying.




    setpit_gc
    08-13 04:15 PM
    643 people viewed this so far but only 2 responded.

    Please I need more views before I make decision



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