Monday, June 13, 2011

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  • mrshah
    09-19 12:25 PM
    We sent our I 485 on July 4th.......got receipt of it yesterday. My husband is on H1 and I am on F1. Husband's receipt says "Adjustment as direct beneficiary of immigrant petetion" and mine says " Derivative adjustments"........
    Also what does receipt notice means????


    I don't know what "UNKNOWN" means. My wife is on her F1 (OPT). Same is the case with my friend. Both of our's says unknown.

    TUnlimited: is your wife also on F1? I am about to call USCIS customer service on Monday.

    Guys, please update if you know any more details about this.





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  • h1-b forever
    10-13 10:23 AM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.

    Did you get an answer?





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  • p.guptapost
    06-04 10:09 AM
    Hi,

    We paper filed thru about company attorney in May 1st week from Texas. Till now no receipt received.
    Is there any way I can call USCIS to check status without receipt number in hand? Can they track it via SSN or alien no?

    Pl. let me know.





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  • vnsriv
    10-08 02:14 PM
    i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one

    Your sentences are confusing. Please no offense.

    You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.

    My case : got GC on June. Filed wife's case in June and she has an EAD.

    All the best.



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  • eb3_nepa
    11-06 09:25 AM
    Any more inputs anyone?





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  • gcinterview
    05-12 04:47 PM
    I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.

    History:
    My 485 was filed in NSC in July'2007.
    I have 2 I-140 petitions, and dates are current(Eb2 India).
    Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
    Case got transferred from NSC to local office in April'2009
    After about 8 days of transfer to the local office I received Code 1 Finger print notices.

    What does that mean? Any one had similar experiences?

    Here is the message I got last month.

    We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    Thanks for the link. Looks like I will have to get ready for an interview!!!!



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  • jkays94
    05-03 11:40 AM
    Understood, I fully concur and if we remain on focus and on target with the message regarding legal immigrants we will get there. I will play my part by sending the reporter an email (as an individual incase the core has something in mind).





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  • digitalrain
    06-24 08:13 PM
    Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
    My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
    My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
    I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
    I would really appreciate any help

    (This is what I found on the internet)
    QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
    REFUGEE/ASYLEE ISSUES
    FEB. 28 2008

    5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
    beneficiary spouse of an I-730 Asylee Relative petition if she gets
    pregnant and has a child (from the petitioner, of course) after the
    petitioner was granted asylum �therefore this new child is not considered
    a derivative- but before she completes the Visa 92 process at the US
    Embassy. Does the US Embassy have the authority to parole the
    newborn child for him to join the rest of the family in the US?

    Answer: If the child was in utero at the time of the asylum grant the
    regulations provide benefit to that child as a derivative under 208.21(b). If
    the child was not in utero and the relationship with the child was after the
    asylum grant, then a I-730 petition can not be filed on behalf of this child.
    The U.S. Embassy does have the authority to grant a humanitarian parole
    and that would need to be addressed with the U.S. Embassy.



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  • GCNaseeb
    11-14 09:36 PM
    I scheduled an infopass appointment for tomorrow to discuss misspelled name on my EAD and AP. Several of my friends are saying that since these documents carry A #, and picture, in addition to name, I should be fine if I ever need to use them. But I just wanted to play safe, hence took this appointment. Will let you know guys, the outcome of my visit.





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  • nirenjoshi
    01-17 08:53 AM
    I had the same problem.. That you can file for ITIN only when filinf tax return. But the lady at the IRS office told me that if your spouse's name is added to an interest bearing account - say for example your savings bank account. Then IRS is required to assign an ITIN number to your spouse. There is a place to select the reason why you need the ITIN, on the form. You will need a letter from the bank that this person has an interst bearing account with us.. Thats all I sent and got the ITIN number for my wife.



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  • gcdreamer05
    01-21 12:22 PM
    ya advisable to get it done in india so that we get for 10 yrs,

    Also one more question, does any one know how many days before passport expiry can we apply for renewal?

    Is it 1 yr or can we renew even before 1 yr...





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  • ash0210
    11-21 10:29 AM
    In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?

    "Premium GC processing" will work as follows:

    Pre-processing Condition/Base Rules:
    If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....

    ...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!

    USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..

    Premium Paid GC - Few base Rules:
    Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:

    1. Pre- adjudicated:
    Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability

    2. Income Tax & W2�s:
    Applicant pays Income Tax, files W2�s for say 3-4 years

    3. EAD�s more than 3:
    I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years

    4. Check Legal entry in USA:
    Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA

    5. Security Threat/Name Check:
    Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?

    6. FP:
    Finger Printing at least once (NOT over by 15 months etc..)

    7. Biometric:
    I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time

    8. H1B/H4 extensions:
    I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)

    After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.


    Sorry if that title is misleading.

    How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?

    Don' worry about the available visa numbers. Just express your hunch feeling.

    Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?

    I am hopefull of this happening next year.
    What about you?



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  • designserve
    02-06 05:19 PM
    Ask him to go to hell!!!

    Pls go on and join wherever you like and tell him this is a free country like India.Go to a lawyer and sue him if he talks any further...Not to worry,my friend.





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  • kamal
    08-04 04:05 PM
    Dude whats the consulting company name? If you want to land your employer in soup send his details to Dept of labor at "info@dol.gov"

    hey ,
    Thanks for your response. Actually I dont want to do that as long as my previuos employer doesn't proceed legally against me. But anyways I'll not hesitate to reveal all the details and will definitly mail everything to DOL. I am feeling much better now.



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  • django.stone
    01-25 07:49 PM
    Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...

    More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)

    With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(





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  • sac-r-ten
    03-22 10:34 AM
    Sorry for any confusion. Here are the details :

    My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
    1) what are the options for me
    2) Do they revoke my husband I797 H1 who is in US
    3) What I have to do ..like appeal ..new petition..

    Please advise..

    sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.

    Good luck.



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  • bkshres
    10-20 11:28 AM
    Hi

    I used AC21 to switch the company. First my new company said I have to use my existing old attorney for my I485 case. So, I asked my old attorney to prepare AC21 documents and mailed to USCIS, which is already done.
    But now the attorney from new company is saying that they are again doing AC21 documents and will be sending to USCIS. On top, new attorney is asking me to fill G28 form. Is it necessary to file AC21 document twice or make it too confusing? And this G28 is only for me, not for my wife. I am confused with whole thing. How will this work? with my case transferred to new attorney and my wife's case still with old attorney? I also heard from this new attorney that most of the time G28 and AC21 documents will never reach to USCIS file and in that case, USCIS will communicate with old attorney. On one hand, I have to tell my old attorney that I am changing attorney but on other hand I am not even sure whether USCIS will accept or not. My old attorney has been always helpful and he has all my information and original documents.

    Is it advisable to switch attorney when you have I-485 pending? and is this filing of AC21 documents twice necessary or will make more confusion in my case? What is advisable in this situation? What should I say to this new company attorney and what should I say to my old attorney? I am in big dilemma...

    Please help. I need your suggestion.

    Thanks,
    BK





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  • nonimmigrant
    03-31 06:16 PM
    Congratulations. Enjoy your freedom.

    What is the process did you followed to port from EB3 to EB2 ?

    New Labor with EB2 Job requirements
    I-140 Approval
    Port Over EB3 priority to EB2 after I-140 Approval

    (or)

    Do we have any other route to port over from EB3 to EB2.





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  • chaukas
    10-23 01:50 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.





    deba
    06-05 05:42 PM
    In the same boat, I have the same status on USPS tracking for delivery at TSC. Will wait and see if the status changes or if they cash the check. So I guess you are not alone. :-)





    venky08
    07-27 02:52 PM
    Related to the questions on this thread.

    What happens when:
    AOS has been filed and it is more than 180 days AND
    dependent has started working on EAD AND
    primary applicant loses job

    Case 1: primary applicant is also on EAD
    Case 2: primary applicant continues on H1 without using EAD

    Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?

    thanks!
    the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c



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