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  • jayleno
    06-05 08:49 AM
    I left it empty last time. It was approved. The only question I answered in Part 7 was "how many trips do you intend to use...".....I said multiple.

    still waiting for an answer to my earlier qn...anybody else in same boat with an answer.?

    ************************************************** *****
    when 485 pending pple r requesting AP to travel out and return back.

    the question: 3 on page 3 of the I-131 applicatin - "If the travel document will be delivered to an overseas office, where should the notice to pick up the document be sent:"
    in part 7 of the application --> can it be left empty???

    since we r expecting to AP approval to arrive by mail to our mailing address, can we leave this question 3 on page3/part 7 EMPTY?
    ************************************************** *****

    thanks




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  • frostrated
    06-11 02:32 PM
    I hate to say this and I hope I am wrong. All of us EB3 folks need to start speaking up or else our fate is sealed. I do not see any hopes of CIR passing. There is always going to be some political backlash due to the AMNESTY factor.
    From what I have seen, most employers are now filing only in EB2 category. They know that filing in EB3 will see their applicants backlogged so severly that there is no hope in seeing their applications approved. So, even those with less than 5 years of experience create resumes that show 5 years to qualify for EB2. Imagine the flood of applicants in EB2 that will pour in when the dates move forward beyond July 2007. There will be a new backlog of EB2 numbers that we have to wait behind. When are we going to get our turn?
    With nearly 10 years of experience and a master's degree, I am still languishing behind all these new comers who come here with fake experiences to qualify for EB2.
    We EB3 folks need to speak up, and have the spill over given to the oldest filed applications IRRESPECTIVE of category. The spillover rules from what I know were defined at a later stage and not as per the original law. If we cannot get CIR passed nor a piecemeal regulation, at least let us get the spillover changed.
    Or, let us en masse transfer to EB2 by porting, thereby making us all eligible for GC ahead of those that are coming in through the back door. I see them as no different from the undocumented immigrants. Breaking the ethical law at the expense of those of us who followed the law. Our positions did not require a Master's degree and I dont see why a programming position today still requires such. I also dont see why our experience today should not count towards qualifying for EB2.
    I dont care what or how many reds the EB2 folks give, but the fact of the matter is that we EB3 must join hands.




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  • GCwaitforever
    06-19 06:32 PM
    Including the House session and Conference session, if somehow this is pushed beyond October 1st 2007, then the enactment will happen on October 1st 2008. We have to hope for that. That gives best possible window for all BEC, PERM-BEC candidates and people who have not filed their I-140s yet.

    The impact is on H-1B renewals beyond six years, with the cut-off proposed at six years. The only exception for renewal beyond 6 years is given explicitly to people who applied for immigrant petition. So BEC/PERM-BEC people should apply for I-140 asap.




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  • Michael chertoff
    03-28 02:28 PM
    Hand toasted pizza with tomotto sauce and garlic bread.

    Mr. snathan, what is your PD or you already got GC.



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  • rishikesh75
    05-28 03:33 PM
    All,
    I visited the local office at Waukegan (Chicago suburb) last week to apply for SSN for my wife (H1 & EAD) and my minor son (H4) and was surprised to see SSN card in my mail box today for both of them!! :) (frankly I was expecting to see a denial letter for my son). Sequence of events

    Me: submitted SSN form, passport for my minor Son
    SSN officer: Upon seeing the visa. We do not accept application for h4 w/o work authorization
    Me: I produced the printout of SSN provision 20 C.F.R. � 422.104(a)(3) and informed here that I need to apply for Federal benefit (stimulus package) and for that I would need one
    SSN Officer: Oh yea..Oh yea.. there is a provision and she accepted the application

    My sons SSN card displays "Not authorized to work".Thanks to Totoro posting the information on 05/03/2008.
    link http://immigrationvoice.org/forum/showthread.php?t=18907




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  • hebbar77
    04-10 02:16 AM
    oh ya, so you have a problem with donor status? Why don't you start with your cable company and ask them why do they charge you any money? Why don't you ask the gas station, that why do they charge you for the gas? Why don't you argue with the cashier at Walmart about the bill you have to pay if you want something? Its easy to be dismissive of others. Its even easier to fault others and argue that just because no one shared the information, so I have license to throw stones at others. But being an Eb2 highly skilled humanity savior personality that you are, why do you need a 3rd class Eb3 programmer to show you that it cost money to get things done. Why can't you see that in last 8 months this nation was going under a presidential election and nothing got done on any issue, other than bailouts and budget? Why can't you see that nothing has happened in the Congress on immigration for any other group? Why can't an highly skilled highly educated chanakya of this planet not see that it is ok for everyone to praise some immigration lawyers who are known to deliberately delay green card application, but its not ok to ridicule someone sincerely working to fix my issue? Why is it ok for me to track my application all day and not complain even once when some tracker website is asking for money to have my question from a lawyer, but will not leave any stone unturned to put the "burden of proof" of innocence on someone sincerely working to stand-up for me because I am too coward to stand-up for myself?

    Let me help you understand it because it will be too much for your eb2 species brain to understand. Simple answer - You cannot see past the things that you cannot understand. Just go and ask Walmart cashier as to why he/she is charging you money for the things you want? Maybe that will help.


    .

    reading above posts it reminds me what I read :
    Lot of junk sold in US...
    People have gotten used to buying things that have no value. Wherever donation boxes are putup or beggers stand , people put money. Come on one does not need to pay because a other guy is asking.

    So its upto the individuals to donate. Personally I dont feel one can do much to accelerate the GC process. If you read the history you can comeup with a list of things that changed the way things got done in US!!
    Have a good one guys.



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  • days_go_by
    07-19 10:38 PM
    You go back to India and withdraw one year later when you have 0 US income. Anything below 15K income is not taxable. Your 401 (K) withdrawal is added to your income for taxes
    ---
    Are you sure about this headhunter?
    Do you know who has successfully done this?
    I understand the theory, but no one is willing to say for sure if this is indeed possible.




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  • acecupid
    07-15 06:14 PM
    Here is the actual text of the visa distribution law. Also available on USCIS website.


    INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
    Sec. 202. [8 U.S.C. 1152]
    (a) Per Country Level. -

    (1) Nondiscrimination. -

    (A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.

    (B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.

    (2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.

    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-

    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    (B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).

    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-

    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;

    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.

    (c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
    (d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).



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  • risker
    07-21 12:29 PM
    I agree with what you say. Yes, backlogged victims need some justice at this moment, otherwise there it is morally not good for everyone.

    1. Why don't we petition first before thinking of Lawsuit. We from IV should write a letter to USCIS stating the injustice brought to the backlogged victims and how it is mentally affecting them etc. We should ask USCIS to consider these things and come up with a solution for backlogged victims instead of threatening DOS and others with Lawsuit. Since we are at their mercy, there is nothing wrong in keeping them higher up and at the same time getting what we want.

    2. If the petition did not work out, then we can think about some suit. Still I don't agree with any suit as it is not going to bring justice. By the time the suit clears, you will have your GC in hand.

    Thanks for your inputs. Please also read my previous message. If there is a less non-confronting approach that is equally good in bringing this to the attention any authorigy and resolving it amicably we should be all for it.

    - So can IV help us by filing a petition/letter to DOL/UCIS or the other relevant authority towards this cause...basically explaining the plight of the affected people and how they have been affected by DOL not doing FIFO processing of the labor applications in the traditional process.
    IV core team, please provide us some guidance and please help us here.

    - I do agree if the petition doesn't work out then we can think on the law suit. OR we can explore that option and start getting the details of the process parallely so that we have all the information in hand. But if a petition isn't possible (which I doubt) then we should be able to swiftly act on the lawsuit.




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  • naushit
    11-18 01:59 PM
    Actually I made mistake in my math,

    $20 (2% of $1000 monthly bill) * 2k ( 10% of 20k IV members) = 40K per month

    I guess 10% people with $1000 monthly credit card bill is not too optimistic.. is it?

    One simple way to measure this is, lets have poll. ( how do you create poll?) I have never done it before.

    poll choice should be

    Your preference to contribute to IV

    Choices are
    1) I prefer to contribute $10/20 cash monthly
    2) I prefer to use IV branded credit card, Let CC company pay 2% of my cc bill every month.
    3) I prefer Google ads on IV website...I promise to click on 10 ads every day ;)


    One important question is, does IV loose any charitable(non-profilt) status by issuing a CC?


    -Naushit.



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  • anilsal
    12-10 03:20 PM
    and other IL immigration related events, people from the chapter say that they will show up. But they will not. They do not even have the courtesy later to tell that they had something important to justify their absence. This is what ticks off leaders who are working hard.

    If you say you are coming to an event and are unable to do so, either inform asap or after the event, have courtesy to send an email explaining why.

    Being active in IV is an indication of your character. If you are timid and scared, you will continue to be SCARED for the rest of your life (no matter the country you reside in). :)




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  • desibob
    06-13 10:38 PM
    EAD is issued to ALL 485 applicants based on pending I-485. As far as I know, "pending Adjustment of Status application" is the only criteria for 485. That means both the primary applicant and the spouse will get EAD irrespective of whether dates stay current retrogress as long as you applied for I-485.

    Hope this helps.
    Bob



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  • Michael chertoff
    03-28 03:52 PM
    I never asked anyone send the check to my personal account....and no one is donating the money
    based on my reputation or profile information.

    OK.. what is your PD?

    Thanks

    MC




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  • jonty_11
    06-27 10:59 AM
    please call OR stand to wait in line for EVER



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  • tawlibann
    06-25 04:44 PM
    They hushed up and approved my EAD in 20 days. Why ???? 'cos So they don't hit Jun'30 and give 2 years. They wanted to milk another 680 from me so they hushed up and sent me the 1 year EAD in 20 days.

    Well.. :) Look at it from the positive side. It may also mean that your I-485 application is going to take less than a year to approve. (According to USCIS, 2-year EADs are going to be issued only to applicant whose I-485 approval is expected to take a very long time, e.g. more than a year.)




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  • GCwaitforever
    03-23 11:06 AM
    If your interpretation is correct, US STEM degree holders with 3-year experience hit the Jackpot. Good for them and good for remaining people in EB2 queue. Unfortunately EB3 can not use any surplus/leftover created in EB2 with the new bill. That is a minus point. EB-5 benefits a lot though.



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  • mohican
    01-14 08:32 PM
    Thanks you all for making the post and clarifying the difference between I140 substitution vs underlying labor being used. I guess in my case the approved labor was used and not I140. I have asked my previous employer to send us the revocation request for the I140 so that my MTR is much stronger. The 2 applicant to 1 labor/I140 is exactly what has happened in my case. One of you has done a very good job of explaining it.

    My current lawyers are in the process of filing for MTR. I have been delayed a bit since we never got the damn letters. I have H1b until June as a backup. My wife works on EAD--should she inform her employer or she could continue since they don't know yet.

    I will continue updating this thread.

    Best-
    Mohican




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  • mheggade
    07-15 05:26 PM
    Thanks for the post. However I read testimony that said more than 80% of EB visas have been used up. That leaves only 28k (20% of 140k) at most as spill over for Fiscal 2008. Thoughts?

    My understanding is they wait until last quarter to give the spill over. But this time they started giving the numbers in 3rd quarter itself. Keep in mind EB1 is current and Eb2 except I and C is still current.

    I expect to see at least 20k visa's issued to EB2 I and C.




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  • SOA
    07-23 03:23 PM
    Great!
    Seems like it's the same info as the NSC Updates dated November last year... So it's official that we can file 485 without 140 receipt notice!




    MerciesOfInjustices
    02-11 11:15 PM
    Thanks, Jay for setting the record straight for the nth time! Well said!




    vallabhu
    06-10 12:17 PM
    My opinion even if CIR is dead this year, as long as Kennedy is alive they will come back in 2009 with similar immigration bill with no benefits for eb visas and the whole story will repeat we will have ours fingers crossed and IV will try their best to tweak in some amendments and again it will die for the same reasons, as they are not going accept any amendments until grand immigration bill we will wait for next CIR and we go into infinite loop.

    may time will pass and 10-15 years like this and we all will get current some time and eventually get visas.


    I think it is better if we get over with it either good or bad at least we can come out of limbo.

    and then try for new amendments.



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