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  • thomachan72
    03-07 10:33 AM
    Good post but we need more information.
    How many members does IV have in total?
    What % out of that total has not filed 485 yet?
    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    1200 seems to be a good number.

    ?





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  • sk26
    04-13 03:46 PM
    In my Query it states as 30 days...

    This is my first post, in this website.

    I recieved an RFE on my I-485 .

    This is a brief summary as to what was asked,
    if I am still working for the current employer, or for an intended future employer.

    1. Specific Job Title
    2. Duties of the offered position
    3. Minimum education or training requirements
    4. Start date of the employment.
    5. Offered salary or wages.

    Mine is EB-2 PD APRIL -04.

    I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.

    Did any one get similar RFE , plase let me know more in detail

    My concern is why would USCIS want to know these details at this stage?

    Thanks
    SK26





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  • Munna Bhai
    02-27 07:14 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    See with lot of difficulty you got GC. And with GC you can work part-time and even take another job. Why you want to take a chance. Yes, you must work for the employer for 180 days. Just stick for another 6 months and the game is over.

    Enjoy the life.





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  • mantagon
    07-15 01:01 PM
    If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.



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  • mdforgc
    02-21 06:35 PM
    EB3 nepa, please do print out these links too and send to Sen Specters office

    http://www.flight-capital.com/- David Heenans article

    http://www.creativeclass.org/ Dr Richard Florid's site Book"Flight of the creative class"

    [1] Pia M. Orrenius and Madeline Zavodny, “Does Immigration Affect Wages? A Look at Occupation-Level Evidence” Federal Reserve Bank of Atlanta Working Paper No. 2003-2a, August 2003, at http://www.frbatlanta.org/filelegacydocs/wp0302a.pdf.

    [2] “America Needs More, Not Fewer, Workers from Overseas,” editorial, The Wall Street Journal, August 26, 2005, at http://www.opinionjournal.com/forms/
    printThis.html?id=110007166.

    http://www.heritage.org/Research/GovernmentReform/wm886.cfm#_ftn1- link supporting recapture of visas

    http://www.twincities.com/mld/twincities/news/state/minnesota/13614107.htm- MN Gov Pawlnety's comment on legal immigration

    http://www.upi.com/NewsTrack/view.php?StoryID=20060208-105741-3392r Intel Chairman calling for more H1Bs and Green cards

    http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf report of the migration policy institute, suggesting moving other visa cateogires to skilled EB immigration and removing country quotas.





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  • michael_trs
    05-14 04:48 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?



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  • Pegasus503
    07-13 03:35 AM
    Damn I am going to be pissed off if he gets a green card before I do.





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  • vrbest
    05-07 02:38 PM
    I dont think soft LUD provides any logic.. I had soft LUD on my H1B case last week .. this was approved last year for 3 yr extension and I have not applied for anything recently (last one was for AP in Feb 1st week). No other cases had LUD updates...

    They are not random. The do have some logic.

    At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.



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  • a_yaja
    07-20 10:47 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?

    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.





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  • EB3_SEP04
    09-05 08:13 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.



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  • permgc
    12-06 10:20 AM
    Guys, I filed my I-131 online and I got receipt number LINxxx for Nebraska service center even though I reside and work in NorthEast region for which service center is Texas. My 485 application is pending at Nebraska center, so that might be the reason I got a receipt number for Nebraska center. On the confirmation reciept Nebraska center's address is listed for sending required documents.
    I am not sure if I need to send the documents to Nebraska or Texas (as my residence falls under this center).

    Could some knowledgable member throw some light on this?

    Also, address is P.O.Box address, so can I use FedEx to send my documents or do I need to use USPS.

    Reply would be greatly appreciated.





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  • kumar1
    06-14 03:03 PM
    God bless Raj. I am not sure if every story ends like this particular one.
    Refer this:
    Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)



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  • pbuckeye
    07-27 02:46 PM
    I submitted all the documents except for the client's letter.


    Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?





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  • joydiptac
    08-11 06:35 PM
    Democrats are losers. Socialist. They can only sponsor illegal immigrants. Republican party is pro legal immigration.

    Hope this bill passes, but then again... The republican party is so pro legal immigrants that they had 8 years of power and never thought of this bill. And whenever someone brought up any similar STEM bill they would shoot it down.
    I don't know what to make of it, but to think this is just a political maneuver.



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  • Blog Feeds
    02-25 07:20 PM
    AILA Leadership Has Just Posted the Following:


    http://3.bp.blogspot.com/_QZpVppv4FTs/S4SAxLd4wPI/AAAAAAAAAEo/E-XH7jwIW9c/s320/2010-02-23+Magnifying+Glass.jpg (http://3.bp.blogspot.com/_QZpVppv4FTs/S4SAxLd4wPI/AAAAAAAAAEo/E-XH7jwIW9c/s1600-h/2010-02-23+Magnifying+Glass.jpg)
    By Eleanor Pelta, AILA First Vice President


    The latest salvo in the war against H-1B workers and their employers (and this time, they�ve thrown L-1�s in just for fun,) is the Economic Policy Institute�s briefing paper by Ron Hira, released last week, which concludes that the practice of using H-1B and L-1 workers and then sending them back to their home countries is bad for the economy. While Hira�s findings are certainly headline-grabbing, the road that Hira takes to get there is filled with twists, turns and manipulations and simply lacks real data.


    Hira starts with the premise that some employers use H-1B�s and L visas as a bridge to permanent residence, and some employers use those categories for temporary worker mobility. (His particular political bent is belied by his constant usage of the term �guest-worker status��a term that brings with it the politically charged connotations of the European guest worker programs for unskilled workers�for the practice of bringing H-1B�s and L�s in to the U.S. on a temporary basis.) After examining his �data,� he divides the world of employers into two broad categories:


    � Bad guys (generally foreign employers, no surprise, or U.S. employers with off-shore companies in India) that bring in H-1B and L workers for temporary periods, exploit them, underpay them and send them home after they get training from the American workers whose jobs they will outsource when they return home
    � Good guys (U.S. corporations �Hira uses the more genteel label, �firms with traditional business models�) that bring H-1B and L workers to the U.S., pay them adequate wages, and sponsor them for permanent residence, thereby effecting a knowledge transfer to American colleagues that is good for the economy


    Hira�s tool, a statistic he calls �immigration yield,� is simply a comparison of H-1B and L usage and the number of PERM applications filed by the highest users of those visas. He essentially concludes that because the highest users of H-1B�s and L�s are Indian consulting companies, and these companies have only a minimal number of PERM�s certified, they are using H�s and L�s as cheap temporary labor. He is unable to explain away the high number PERM filings of one of the IT consulting companies, and so he addresses this anomaly by saying �part of the explanation might be that it is headquartered in the United States.�


    There are too many things wrong with this analysis to list in this blog, but here are a just a few ways in which Hira�s study is problematic:




    Hira�s clear implication is that companies that don�t sponsor H-1B�s and L�s for PERM are using these workers instead of more expensive American labor. He ignores that fact the H-1B program has rules in place requiring payment of the prevailing wage to these workers. But even worse, he has not presented any data whatsoever on the average wages paid to these workers. He also doesn�t address the expense of obtaining such visas. He simply concludes that because they are here temporarily, they are underpaid.



    Hira makes the argument that companies who use H-1B and L workers as temporary workers generally use their U.S. operations as a training ground for these workers and then send then back to their home countries to do the job that was once located here. Again, this assertion is not supported by any real statistical data about, or serious review of, the U.S. activities of such workers, but rather by anecdotal evidence and quotes from news stories taken out of context.



    With respect to the fact that the L-1B visa requires specialized knowledge and so would normally preclude entry to the U.S. for the purpose of gaining training, Hira cites and outdated OIG report that alleges that adjudicators will approve any L-1B petition, because the standards are so broad. Those of use in the field struggling with the 10 page RFE�s typically issued automatically on any specialized knowledge petition would certainly beg to differ with that point.



    Hira clearly implies that American jobs are lost because of H-1B and L �guest workers,� but has no direct statistical evidence of such job loss.

    The fact is that usage of H-1B and L visas varies with the needs of the employer. Some employers use these programs to rotate experienced, professional workers into the United States and then send the workers abroad to continue their careers. Some employers bring H-1B�s and L�s into the U.S. to rely on their skills on a permanent basis. Judging from the fraud statistics as well as DOL enforcement actions, the majority of employers who use H-1B workers pay these workers adequate wages and comply with all of the DOL rules regarding use of these workers, whether the employers bring them in for temporary purposes or not. By the same token, the minority of employers who seek to abuse H and L workers may well do so, whether they intend to sponsor them for permanent residence or not. Indeed, arguably, the potential for long-term abuse is much worse in the situation in which a real �bad guy� employer is sponsoring an employee for a green card, because of the inordinate length of time it takes for many H-1B and L workers to obtain permanent residency due to backlogs.


    Hira does make that last point, and it is just about the only one we agree on. Congress needs to create a streamlined way for employers to access and retain in the U.S. foreign expertise and talent, without at 10-15 year wait for permanent residence. But our economy still needs the ability for business to nimbly move talent to the U.S. on a temporary basis when needed, or to rotate key personnel internationally. In a world where global mobility means increased competitiveness, Hira�s �statistics� simply don�t support elimination of these crucial capability.https://blogger.googleusercontent.com/tracker/186823568153827945-6000198492670312275?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/02/epis-latest-study-of-h-1b-and-l-usage.html)





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  • sr1973
    08-06 12:28 PM
    The only LUD was on my 140, which is on 7/13 - There was no LUD on any other applications H1, EAD, AP - One LUD today after the status change. Hope this helps.

    Wandmaker,
    Wondering if you ever checked if your namecheck was cleared or not.



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  • freddyCR
    January 4th, 2005, 07:35 PM
    Found this picture waiting for me in the poor side of town.
    Comments appreciated

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  • sameet
    04-14 03:20 PM
    With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.

    Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.

    Let me get this straight:

    I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.

    Just wondering if this situation would raise doubts in the IO's mind.





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  • fromnaija
    08-08 06:55 PM
    where ever u r getting ur info from shree19772000 ...I soooooooooooooooo hope it is true !!! :D

    See the title of his post: PREDICTION....





    kumar1305
    01-26 07:33 PM
    Instead of all this country caps, applying for GC and waiting, why don't they get a rule like European countries? In UK, netherlands and Denmark it is very simple. All you have to do is prove that you made more money (ofcouse taxes count) than the stipulated amount by the government. Pay the taxes for 4 or 5 years and take the GC(Permanent Resident). Simple no lawyer no crap. Country benefits we benefit. I lived in UK for more than 3 years and I would have become a citizen by now. But never wanted to be in UK, it was only a stop over. I always loved America, don't know why? Do you think it is because of Hollywood? I'm kidding. But still I love this country. Hope things will change some day. If not my daughter will sponsor me when she turns 21.





    dish
    04-07 06:05 PM
    Backlog Cases:
    Total Received: 363,000+
    Total Completed: 108,000+
    Total Certified: 50,000
    Balance: 255,000
    Full data entry will will be completed by 06/30/2006 as scheduled.

    PERM:
    Total Received: 80,272
    Certified: 36,587
    Denied: 23,305
    Audit: 24,960
    Withdrawn: 1,950

    Now look at the maasive backlog of unprocessed cases in BEC. The Baclog Centers have received more than 363000 LCs and out of it 255000 are still untouched. given this pace they will take at least 5 yrs to finish processing all the applications. and DOL has added a graphic on their website claiming 18 months to go. They are just making FUN of US for yielding to their beaurocracy.



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