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  • msgoud
    03-08 09:13 AM
    looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.




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  • saketkapur
    12-02 06:58 PM
    This in from Ron Gotcher website....I guess they are reading our letters.....


    Good news concerning AOS denials based on I-140 revocations

    --------------------------------------------------------------------------------

    We received some very good news over the weekend. In October and November, our office was contacted by a number of adjustment of status applicants who had received denials based on "revocations" of their approved I-140 petitions by former employers. All of these applicants had AOS applications that had been pending for more than 180 days before they left their sponsoring employers. They also had approved I-140 petitions. Nonetheless, vindictive employers in each case attempted to revoke the approved I-140 petitions. The CIS accepted these "revocations" and promptly denied the AOS applications. We were contacted by six different individuals with these types of cases and we filed motions to reconsider in their cases.

    Earlier, in September, we handled this type of case and the MTR was granted and the denial successfully reversed. This happened before any of these October/November cases came in or were filed.

    I was disappointed to see that the CIS was still attempting to deny cases on this basis. There is absolutely no law to support this type of denial and, in fact, such denials are directly contrary to both statutory law and explicit CIS policy.

    I was gratified to see that all six of the MTRs we field in October/November were granted and the denials reversed. I am also encouraged that the CIS accepted our request to reopen the denials of the dependents as well, on their own motion, and spare the pricipal applicants the cost of paying filing fees for MTRs for the denials of dependents' AOS applications.

    I hope this means that the supervisors at the service centers involved are now aware of the blatant illegality of these types of denials and will put and end to them in the future. We can only hope that we have seen an end to this nonsense.
    __________________




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  • hopefulgc
    11-08 01:45 PM
    How about meeting Michelle Obama... her highness the soon to be First Lady?

    Its gonna be a lot easier to get her attention than Mr. President himself.
    We can all be sure that Mrs. Obama is one person who has command over his ears and anything coming from her would certainly hold his attention. Sure it is not the most honorable way to get shit done, but we'll take whatever we can get.


    Let us request a formal appointment, keep it processional and classy, and raise funds so that few IVians from around washington DC can go see her in style.




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  • smisachu
    07-23 03:35 PM
    R.William on July 3rd.



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  • a_yaja
    10-11 05:02 PM
    hi ,

    Here is my situation.

    (employer) -> (middle vendor ) -> prime vendor -> (End client ).

    I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .

    i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.

    is there any way that he can even do this ?

    - Thanks in advance.

    Is he threatening to sue you or your employer? If it is your employer, then it is really not your problem. Depending on the way the contract was worded between your employer and the "middle vendor", the "middle vendor" may have grounds to go after your employer. But like I said before, it has nothing to do with you.

    As others have mentioned in this forum, the "middle vendor" cannot go after you as there is no contract between you and the "middle vendor". Even if there was, it would hardly stand in a court of law.




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  • rajnag21
    07-17 07:23 PM
    as I understand the process, I fyou apply and get the green card approval before marriage, you cannot bring your wife over here as it will become family based immigration.
    The ideal thing is to do it while still on h1 and then do the 485 application.

    Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !

    I look to more senior members here for better direction than the advice that I have regurgitated for you.



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  • factoryman
    06-19 01:04 PM
    Last night I didn't stay at the Holiday Inn. FIFO.

    or did you ask for this:
    Step-by-Step Guides



    ADJUSTMENT OF STATUS (I-485)
    Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.


    STEP #1:
    Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.


    a) A copy of all approval notices received from the USCIS


    b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)


    c) A copy of every page of the passport


    d) A copy of your marriage certificate


    e) A copy of the divorce decree from any previous marriages of yourself or your spouse


    f) A copy of the birth certificate for each family member adjusting status with you


    g) A copy of your income tax returns for the past three years


    Please Note: If a document is not in English, then you should provide an English Translation.


    DOCUMENT TRANSLATION INSTRUCTIONS


    TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE


    ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)


    STEP #2
    Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.


    Instructions for completion of Form G-325:
    -Please print legibly. Our legal staff must be able to read your hand-written G-325.
    -Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
    -In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
    -You do not need to sign the G-325, we will type out new forms for you to sign.
    -You do not have a “File Number” or “A Number”. Please leave those fields blank.


    FORM G-325

    Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.


    After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.

    STEP#3:
    Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.


    DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.


    To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf


    MEDICAL EXAMINATION INSTRUCTIONS


    STEP #4:
    Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.

    USCIS Photograph Instructions



    MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
    Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.


    MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING

    EMPLOYMENT AUTHORIZATION
    After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.


    The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.


    A foreign national can extend his H or L status even after filing the I-485 application.

    TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
    A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
    • A valid H or L visa stamp in the passport, or
    • Advance Parole authorization
    If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.

    OUT OF STATUS / UNLAWFUL PRESENCE
    If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.



    I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?

    Please let me know.

    Thanks in advance!
    ~Anil




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  • nixstor
    12-07 10:35 PM
    Please send message to all your friends on your social networking websites like

    Orkut, facebook, myspace etc. I know how much time people spend on orkut.

    Here is a sample message

    Guys,

    Just wanted to let you know, if you are not already aware of the bill that provides relief to the Green Card situation is tied to an appropriations bill by Sen Cornyn. Here are some links that can give you more info about whats going on regarding our future in USA. Express your support over the phone and email.

    Call your senators/congressman. Login and send web faxes asap.

    http://immigrationvoice.org/forum/showthread.php?t=2483

    http://immigrationvoice.org/forum/showthread.php?t=2484

    http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46

    You can get senators and congressman for your state and district at senate.gov and house.gov respectively by punching in your zip code.

    Pass this message to your buddies whom you think it would be useful.



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  • McLuvin
    08-03 12:18 PM
    Long ago received this mail from pnp office
    AINP US Visa Holder Category Applicants

    Priority processing will be given to those who have a job offer from an Alberta Employer.

    If you have a job offer from an Alberta employer send us a copy of the offer along with the job description. Click here

    A job offer can be your contract or letter of employment from an Alberta employer. The job offer must be in a field related to your current occupation in the US. The document must be on the official letterhead of the Alberta employer you will be working for.

    Download our Websites for Alberta Job Seekers document to assist you in finding a job in Alberta.

    Few days ago Again i got one mail like below

    RECEIPT OF ALBERTA IMMIGRANT NOMINEE PROGRAM (AINP) APPLICATION



    Candidate Name: xxxxxxxxxxxxxxxxxx
    Candidate File Number: xxxx-xx-xxxx


    Thank you for applying to the Alberta Immigrant Nominee Program (AINP). This is to confirm receipt of the AINP application for the abovementioned on July 31, 2009. Please visit Alberta, Canada - Immigration : Processing times (http://www.albertacanada.com/immigration/immigrate/processingtimes.html) for our most current processing times.

    During our assessment, an applicant or their authorized representative will only be contacted by our office if we require additional information. Please do not call to inquire about the status of the application as this will increase our processing times. If you wish to add information to the application, or change information already submitted, you may mail or fax the information to:

    Alberta Immigrant Nominee Program
    Suite 940 , Telus Plaza North Tower
    10025 Jasper Avenue
    Edmonton , Alberta T5J 1S6 Canada

    Fax: (780) 427-6560

    can some one help me whether i am in or not?
    KumKum,

    You are in.... dont worry...

    There are a lot of people who have been waiting/praying to see the file number email... The one which you recieved a few days ago...

    Take a vacation and come back after 4 months... thats what Alberta says :)

    BR,
    Karthik




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  • IneedAllGreen
    02-04 12:43 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.



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  • EndlessWait
    12-07 03:03 PM
    bump /\/\




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  • vxg
    07-17 10:11 AM
    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007



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  • mmanurker
    09-04 10:56 AM
    My H1 has expired on 31st August, 2009. My disgraced company applied for extention in the month of May 2009 in regular Processing. Still waiting for Approval and have Receipt Notice only from Vermount center.:confused::mad::(:(:eek::eek:

    I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.




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  • sanju_dba
    04-20 11:03 AM
    BTW in politics right or wrong is rarely a consideration.

    ...thats enough to see a sleepwalker!



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  • number30
    06-19 01:30 PM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,

    You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.




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  • akred
    06-23 01:38 AM
    Generating receipt may take 7-8 days but if they open it
    Monday June 25th they may reject it saying its not current .... ??

    That rejection will probably come back after 7 days too :-)

    Yeah, its not worth the risk. Just curious about how this timeline works though.



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  • Widget
    03-27 12:31 PM
    Do you have a list and contact numbers of these attorneys? how much do they charge?


    Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

    If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

    You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

    There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.


    Regards




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  • Yeldarb
    05-14 07:13 PM
    www.dbdsqd.com - a very simple site for a soldier of fortune clan, the bevel style was used at the client's request. Utilizes php and text files for the shoutbox. Since this site isn't really "dynamic" (no admin section), it only cost the client $50 plus $20 for a year of hosting.




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  • imm_check
    11-01 04:27 PM
    Hi All,

    I have a scenario like this...

    My wife and I got the receipt date for I-485 while my daughter did not...even though all of us filed on the same day through same mail package. It is puzzling how one would miss one application and process the others. Please let me know if anyone faced a similar situation.

    The scene has changed a little bit with both of us receiving a FP mail notice recently. I wanted to know what would happen if both of us go ahead with the biometrics while not knowing the status of my daughters application.

    Thanks...




    va_dude
    03-25 02:32 PM
    so what's the problem here.

    Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.




    wandmaker
    11-07 11:10 AM
    Great! You will get the actual receipt notice like paper filing in a week. Also FP notice to take a picture for your EAD.

    OK i e-filed and it showed Nebraska address generating LIN no's instead of MSC etc , it prompted me where my 485 is and i think since it is at NSC it routed automatically to NSC



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