Wednesday, June 8, 2011

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  • eadguru
    11-01 04:56 PM
    Hi eadguru

    I too got query for AP to send clear copies of all data pages of PP,
    where did you make color copies and how much it would be ?
    Do we need to take all pages from the passport !

    Thanks

    I did it in Kinkos, I took all data pages in color and empty pages in black and white. It cost me around $15. (For two people). I also included all I 94 Cards.





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  • shirish
    09-11 11:17 AM
    Any one who did not send the medicals with the I-485 application, got RFE yet?





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  • fxok425
    01-10 03:16 PM
    Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.

    My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.





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  • chanduv23
    08-03 10:31 AM
    The reason they seem to be doing this is because of the kind of recomendations they get from various sources which complain about how the website is not helpful or how it is difficult to track information etc...

    One has to understand that such traditional type organizations have their own pace and deal with things in their own way.

    The new website may not satisfy applicants but from their POV - they have something better than what they had before and thats how any big organization runs.



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  • saps
    11-06 04:39 PM
    I don't know how to start a new thread. Can someone suggest the steps for the same as I would like to move the letter to the new thread to get people opinion and IV attention on the same.





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  • karanp25
    07-11 01:35 PM
    yes, now we should all start calling uscis - atleast 10 times a day, open SRs, take 4-5 infopass appointments and maybe consider going to NSC or TSC in person to see if we can talk to the IO (or have a cup of tea with the IO) to expedite our respective cases.

    Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)

    I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.

    Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.



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  • indianabacklog
    07-27 09:40 AM
    Not true. It is 30 days for the asylum based apps and 90 days for the rest.
    I do not have a memo or web link, however, when I went for my fingerprinting appointment I asked about the interim EAD of the processing time dragged for my husband.

    I was told that there are no facilities at any local USCIS offices for the production of interim EAD's. If your application goes beyond the 90 day time limit, you have two choices. Go to the local office and ask them to send an email to the service center to ask for them to process quickly or issue interim EAD, or call the 1 800 number directly of the service center and cut out the middle man.





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  • sdudeja
    01-12 10:46 PM
    Its nice to see teachers on this forum. I came on H1 through the company GTRR. You can get their contact number from their site.I wanted to ask Sirvi that how about working with an NGO. Did you file your GC under EB2. I filed mine under EB3. Please tell me something about it.
    If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.



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  • qplearn
    09-30 05:38 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective of in the larger context of this huge EB mess.

    I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.

    Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.





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  • gc@waiting
    09-30 08:58 PM
    Does anyone have any idea as to if "YATES MEMO(on being able to use AC21 with a pending 140 for 180 days)" is still relevant or overridden by any subsequent memo/law?



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  • pd_recapturing
    12-02 07:25 PM
    Thanks for sharing this news. Here is the link (http://www.immigration-information.com/forums/showthread.php?p=25832).

    This news is very encouraging and thanks to Ron Gotcher for publishing it on his web site. Guys, please continue sending the letters, if you have not done it so far.

    We are working on 2nd phase of our campaign.





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  • pappu
    06-16 09:22 PM
    Good comparison. if you have more informatiion, do add to this thread.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.



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  • koti
    10-29 10:30 AM
    Few facts that you need to get clear.

    1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.

    2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.

    If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.



    **************

    Thanks for the info. Really helpful.

    Koti





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  • hojo
    09-06 07:12 PM
    what he said.

    awesome links dan, you'll be getting some messages from me on AIM, heh



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  • slowwin
    05-12 10:05 AM
    Congratulations!





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  • hoolahoous
    02-10 10:50 AM
    while you breached contract, the broke the law. tell them that you going to report them to DoL and see what they say.


    ------------------------------------
    I am not a lawyer. do not take my advice as legal advice.



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  • immihelp1
    09-28 09:12 PM
    Any one can share their experience about FP at newark ASC?

    Thanks in advance





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  • helpfriends
    04-15 11:55 AM
    It's not for me(thank goodness!). I was just curious - someone else I know has done this.





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  • jonty_11
    02-19 11:27 AM
    depends if u are india or china.....u shud only do EB2.
    Even for Rest of World - EB2 is btter...with MS + 2 is may be close but u may be able to qualify..with proper experience letters and recommendation letters.





    krishnam70
    05-01 05:10 PM
    Thanks for your reply. I am getting the affidavits from my parents, as well as from blood relatives. However, I have been also asked to provide government document stating why mother's name is absent on birth certificate. I am trying to figure out any government law (currently checking births and deaths act of 1969), which can state that name of head-of-household is sufficient for birth certificates. My birth certificate also mentions the Births and Deaths Rules of 1972 of West Bengal, however, I can't locate an online document. If I have to get a statement from court, does anybody have any idea about what would be the template?

    Thanks.

    This is a trickier one. I guess it could be a simple omission on the part of the hospital or municipal authorities. It sucks. May be you can get some kind of 'letter' from the hospital where you were born that it was an omission on their part. You may also apply to the municipal administration to issue you a fresh certificate having both your parents names in the certificate / issue you a letter stating that the name was not furnished by the hospital or not recorded in their records. I am not sure if any of the fellow IVians faced such an issue.

    check if you do something like this. There should be a way out
    http://en.allexperts.com/q/Indian-Law-1798/2009/3/name-correction-birth-certificate.htm
    http://en.allexperts.com/q/Indian-Law-1798/Name-Problem-Birth-Certificate.htm
    http://en.allexperts.com/q/Indian-Law-1798/Change-names-parents-birth.htm


    http://en.allexperts.com/sitesearch.htm?terms=birth+certificate&cnl=Indian-Law-1798&Action.x=0&Action.y=0

    - cheers
    kris





    TO BE OR NO TO BE
    05-17 07:37 PM
    Hi Everyone,

    My 7th year H1 is schedule to expire on 12/02/06. As my current employer has filed for labor cert. (PEBC) for more than 365 days, I will be eligible to file for extension after 06/02/06 (6 months before current H1 extension expires).

    Now my question is:

    If I want to change the Job and new employer is willing to transfer the H1, would I be able to file for H1 transfer and 8th year extension with the new employer after 06/02/06. In another word extension upto 12/02/07.

    I did a paid consultation with Murthy Law firm and the Attorney told me I will be eligible for 1 year extension, he did not explained that clearly.

    Has anybody in this forum experienced the same situation?

    Please let me know.

    Thanks!



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