Sunday, June 26, 2011

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  • msekhargc
    02-13 05:08 PM
    Want multi-year EAD !
    Want to get out of retrogression !!
    Want to get GC faster !!!
    Then click here on IV




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  • gccube
    04-11 03:18 PM
    I am searching on the wrong parameters. My bad. Thanks again for the reply.




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  • ilikekilo
    06-02 05:26 PM
    did you send web faxes and contribute to IV, if not please do




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  • whiteStallion
    03-31 12:27 AM
    Congratulations !



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  • jasmin45
    08-08 04:49 PM
    Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.

    There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.

    There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?




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  • king37
    01-18 11:00 AM
    i applied in 2003 and got in 2005.. its very simple actually .. u can write to me i can help you out



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  • joydiptac
    05-26 01:50 PM
    This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    Thanks Saikat, for pointing out some potential pitfalls.
    I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.

    One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)

    Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :

    1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.

    2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
    Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.

    HTH




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  • ArkBird
    06-26 10:42 PM
    If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.



    I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.

    My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.

    I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?


    Thanks in advance. !!!!



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  • GCBy3000
    03-31 10:13 AM
    You can take any number of salary hike but not different job duties than specified in the labor. No need to inform the labaor department. Because as per law you cannot have different job duties until you get your gc and max one year beyond that.

    I am also stuck in the same boat. Infact, I got promoted with 16k hike and demoted in two months. My attorney got a apology letter signed by my VP for attorney records. It is that serious to change job duties.




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  • glus
    05-31 09:10 AM
    Thank you for contributing!!!!

    :D :D :D :D :D :D :D :D :D :D :D :D :D :D :D



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  • hebron
    08-10 11:37 AM
    1. You can ask them for H1 transfer and AC21 portability of your existing EB3 GC Process.
    2. You can also ask them for doing EB2 processing, some employers have policy that they will do it after 6-12 months but you should do it before joining so that they can analyze if position suits EB2 needs.

    And both of the above should be done before joining a new employer because before joining you are in better bargaining position provided you rocked the interviews.


    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.




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  • AJT
    10-08 08:29 PM
    Filed @ NSC, Rec'ed 07/27/07
    Got Receipts on 10/01/07 from TX for EAD, AP, I-485 for self and spouse
    Rec'ed EADs for self and spouse on 10/5/07
    AP - Rec'ed and pending
    I-485 - Rec'ed and pending



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  • bfadlia
    05-27 08:09 AM
    My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??


    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.




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  • mzafar125
    08-19 12:13 PM
    relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.

    I called USCIS again today and spoke to a IO, they stated that the biometrics had expired and that I should simply wait for the new request. I tried to argue with them that the register stated that they should use what they have in their database. They stated that I have to go for my biometrics and there was nothing else they could do about it. I then asked them if everything else had cleared and they stated that they were only waiting for my biometrics at this stage.

    The funny thing is that I submitted a referral since my application was outside of the processing times. The referral stated that biometrics were missing. Now if I had not filed my referral USCIS would have simply just sat on my application until god know when. I am going to write a letter and get someone over at USCIS to listen to me. An uphill battle but it's better than just relying on USCIS.

    Does anyone know how long biometrics are valid for ?

    Good Luck folks, hope this nighmare ends soon

    Priority date 10/2002
    i-140 approved in 1/2007
    EB3, ROW



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  • pragir
    12-18 01:50 PM
    We got our mexican visa (going to mexico on vacation for 10 days) two weeks ago in Raleigh, NC. It was a breeze. I got a list of things that they wanted to see including

    1. passport
    2. US visa or approved I-797
    3. Proof of residence in US (house tax bill etc.)
    4. Air itinerary
    5. Completed visa application form
    6. 2 passport size photos
    7. $36 per person visa fee

    The process was fairly smooth. I was able to get my passport with visa the next day. My friends went a week later early in the morning and were able to get their visa with an hour and half on same day.




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  • freddy22
    07-20 12:59 AM
    what if he is charged with 2 misdemenaors as a YOUTHFUL OFFENDER?
    is the law not that these are NOT grounds for deportation proceedings?



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  • Ann Ruben
    07-17 09:32 PM
    misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.




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  • singhsa3
    11-15 10:01 AM
    We are in agony and pain. Let us scream so loud that even deafs may lend their ears.




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  • BEC_fog
    05-27 11:55 AM
    You can send a comment to QGA from their website if you want under the contact us link.




    answers_seeker
    09-07 09:49 AM
    What do u think big companies who cannot sponsor L1 ( have to be with the firm for atleast an year ) do in situations like this.

    They sponsor H1 and send them to work here on shorter / longer durations.
    So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.

    The catch here is that..at the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..




    ushkand
    10-10 11:55 AM
    If 1099 is not acceptable with client, what is the the easiest way to go forward, assuming no intent of other employees?

    I think LLC is the only option ( if I dont want to go towards C-Cop ). How long does it take to set that up? What setps? What are the expenses involved other than one time registration fee?

    LLC is the easier option of the two with minimal paperwork involved and should be fairly simple to setup. I can only speak for Texas where LLC registration fee is $300 - so relatively your state fees should be around this amount.

    There are some issues to consider when doing corp-to-corp -
    -Liability insurance - Client will expect your company to carry up to $2M liability insurance (depending on the client).
    -Employment tax which comes to 15.3% (Social security & Medicare) - compared to 7% which you would currently paying since you will responsible for the employers portion as well since you will be self-employed.

    There may be other issues that I am not familiar with.



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