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  • ImmigrationAnswerMan
    06-29 12:22 PM
    Anil:

    While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.

    This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.

    Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.

    Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.





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  • irukandji
    04-04 11:34 AM
    Yes I filed my 485.
    Do you have your 140 receipt and please post the status if the status is updated to denied/revoked/withdrawn.
    Not sure in your case is luck or is 485 receipt is just enough for unlimited H1B extensions?
    What do you think you can get another extension after 3 yrs with the same scenario as you had for this extension?





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  • ItIsNotFunny
    02-13 03:10 PM
    Congratulations!

    It is quite normal to have few weeks for card production ordered. Enjoy your freedom.


    I got the following message from USCIS:

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: SRCXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice mailed welcoming the new permanent resident.

    On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?





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  • gvenkat
    10-12 05:54 PM
    I will say this time and again. It's a piece of plastic card and until USCIS realises that we are stuck here.

    It's beyond belief that they cannot process all applications by labor date filed. That would easily eliminate all the waiting for Eb-3 India

    Again Eb-3 India is a minscule amount compared to any category, everyone including Eb-2 India get it in an average 5 years time. Until unless we have some practical solutions from law-makers nothing is going to happen.

    If we have EAD and AP I think thats like a temporary GC and we should just enjoy whatever we want to do.Atleast these guys can give us a single document for EAD and AP for maybe 2 years.



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  • GCHope2011
    11-29 08:21 AM
    Hello ,

    Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.


    My question is , what posibilities are the USCIS can approve or deny my petition?

    Here is the info about the parent company with the us branch :

    Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
    My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.

    I do not carry profesional degrees however i was in the payroll of the company since 1998.
    I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.

    My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.

    Is this sufficient to get an approval? or it can be rejected?
    We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.


    Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?

    Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.

    How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
    L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.

    To do so:
    - A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
    - The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
    - The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
    - The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
    - The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual

    All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle

    So, if your application is very clear cut on all of these points, then at least you might have some chance.

    There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).





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  • dhesha
    08-14 08:04 PM
    One of my friend got "Card Production Ordered" email. He is EB2-I, PD Jan 2006, RD- Sep 30 2007, NSC.
    Mine is Dec 2005 and still waiting. So what is going on with NSC? Are they also doing the same thing that TSC is doing? latest cases first?



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  • Blog Feeds
    11-19 03:01 AM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.

    For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.

    Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.

    In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.

    According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.

    Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.

    Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?

    Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.

    Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.

    All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?

    And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)





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  • krishnam70
    07-04 10:29 AM
    http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/

    CIS has really outdone itself this time

    The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.



    According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.




    This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.




    The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.


    By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.




    Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.



    And people wonder why we have an immigration problem.



    This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.


    http://s202395528.onlinehome.us/2007/07/03/more-evidence-of-illegality-in-the-update/



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  • cox
    May 25th, 2005, 07:00 PM
    You also might try a less busy background - the stripes are a little distracting. You could fuzz them with a wider aperture (a 50mm f/1.8 is cheap and good for portraits or when out shooting random subjects). Have you tried converting this one to B&W? Sometimes that's more pleasing with high contrast.





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  • H1Girl
    08-31 12:23 PM
    Hi H1Girl,
    Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.

    Sorry kriskris...I misunderstood. I take my words back. Yes, we need Employer help for signing the forms etc since only Employer can file new H1 or H1 extension. Avoid Attroney help just for signing G-28 form. Instead contribute some of that savings to IV if you like.



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  • sunny
    04-28 01:28 PM
    Add my second contribution of $200 to this great effort.
    Come on guys before it gets too late.
    Good job IV core team and all the volunteers.





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  • roseball
    04-04 02:49 PM
    Hi thank you again, yes i understand that visa stamp is only needed for overseas travelling purpose. You raise a good point though when you said you assume i got h1 approved with i-94 attahced. This brings me to a scenario that just happened a few months back. I applied for extension h1b and h4 and we received notification that it has been approved and the approval sent to the attorney. But the attorney has disappeared. My wifes h4 approval was returned back to uscis and mine is not known where it is. we called uscis and they said we have to apply a duplicate i-824 individually to get the approval sent back to us again. i have therefore submitted i-824 application for my wife already. and i am submitting mine this week. all we have right now is h4 receipt for my wife and a copy of the approval for h1b for me (without i-94) that usually goes to the peititoner. What do you think about this?

    Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.



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  • kanshul
    01-06 10:18 AM
    I doubt you will be able to get in...

    I went for stamping in Canadan and before they even interviewed me they invalidated my visas by stamping them.

    So the old visas don't remain valid so you won't be able to get in if your visa is rejected.





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  • ragz4u
    04-10 09:30 AM
    Bump ^^^



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  • Rajwaitingon140
    11-28 12:42 PM
    My Attorney filed my I-140 @ NSC and I-140 reciept date is DEC'21'2006; I see on my I-140 case LUD is Jan'8'2007; does this means my case also was approved on Jan'8'2007?; after that no LUD on my case.

    Any input on this would be great help!

    Thank you
    RT

    I also see a LUD 11/25 on my both approved I140's EB2/EB3. I have only used EB2 to file 485, so my guess is its a system wide LUD, some maintenance program running.





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  • go_guy123
    09-16 04:38 PM
    I

    So, bottom line is CIR will pass after health care. But, I'll not bet too much on provisions for 'legal immigrants'. Since we are the only dog bone that 'Donkeys' have got to gain any required support for CIR. We need to work hard to get our provisions on the first draft and do everything possible to be included in the final version of the bill.

    My ramblings anyways....

    You are right on target....EB2/3 reform is the only bone that CIR lobby has to get
    support for CIR. And they will hold EB2/3 reform hostage till that time.



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  • hobbyaddict
    November 2nd, 2009, 07:45 PM
    "I am thinking next year I would like one of the broad range zoom lenses, a camera and one lense is a lot easier to carry on a trip. "

    It's about a year... I think I may want a teleconverter /TC-14E (1.4)



    -Ed[/quote]

    Main GC independence factor: AC21 or 180 day test? [Archive] - Immigration Voice

    View Full Version : Main GC independence factor: AC21 or 180 day test?






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  • addsf345
    11-24 02:13 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    so r u on EAD or H1B? wondering if you were able to continue working on EAD.

    its a gray area and even lawyers are not sure 100%.

    Also,

    1. How long does it take to find MTR?
    2. What documents are needed?
    3. Did you informed CIS about job change?





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  • HV000
    10-13 11:07 AM
    Here's the extract from the Transcript of Oral Testimony by Bill Gates to the senate

    http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?

    BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."

    Its so FRUSTRATING to see that people in Congress are sooo IGNORANT!!
    Unfortunately, we are caught between the partisan politics of DEMOCRATS and REPUBLICANS..





    MDix
    02-04 09:07 AM
    Gc_On_Demand,

    I remember that last year your prediction about spill-over was almost close. What's your take this year.

    Thanks
    MDix

    States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.





    gc_check
    06-26 04:20 PM
    Please take the above poll.

    In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.

    Depends on the employed company's policy and the agreement given to you initially with this regards. My company policy is they will cover all expenses/fees related to Green Card, except for I-131 for employee. This has to be taken care by employee themselves. For dependents they will NOT cover any expenses/fees and we have to pay, but they will do the paper work and will file for you. We have to just pay the appropriate fees. Also we do not have external law firm doing the paper work, the company has its own legal department with immigration attorney's who does the paper work.



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