Friday, June 10, 2011

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  • WeldonSprings
    05-18 06:28 PM
    This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.

    Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!

    Hindi-Chini Bhai Bhai!!!

    Bender's Immigration Bulletin (http://bibdaily.com/)





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  • quizzer
    08-10 12:48 PM
    I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
    In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
    Please advise me urgently on this matter
    :(


    Is it new H1b or transfer?

    Thanks





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  • vin13
    03-18 11:52 AM
    There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.

    It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.

    Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)





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  • Marphad
    02-25 08:46 AM
    Agreed.

    Some crazy idiot has vendetta against me. Keep giving me red. Come out and discuss the problem you have you psycho...



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  • kumar1
    07-13 03:08 PM
    Good.





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  • SGP
    09-27 10:43 AM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?

    Thanks

    Omi.

    Sailing in exact same boat. Surely will appreciate replies from Raj.



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  • zico123
    06-16 09:28 PM
    I have my I-20 from University X, but I don't have the I-20 form from University Y.
    Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.

    Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.





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  • saps
    01-09 12:19 PM
    Gave you a green :)



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  • BECsufferer
    10-09 03:04 PM
    Mate;

    Last year in March end I had an opportunity to go for business trip to Frankfurt, it was technical conference of my company. Just 5 days before the due date, my H1 was to expire. Thanks to this moron in my HR, the whole H1 renenwal was delayed to just 2 weeks before expiry. We paid extra to expedite the H1 renewal, fixed Visa stamping/interview apointment at Ottawa, ON same week as we applied for visa renewal. In-fact I had apointments paid for two consecutive days(friday and monday), just in-case the documents do not arrive on time. And they didn't ( aka Murphy Law) till saturday. So headed out on Sunday to Ottawa from MI. arrived Monday morning, got the visa extended next day. Arrived back in office on Wednesday morning, sent all the documents to Chicago consulate office, with same day delivery. Anxiously awaited to hear-back till Tursday afternoon. Started frantically calling consulate office on Friday Morning. Believe it or not someone did returnback my repeated calls and complained about why I was calling everyone in office and in future try to send application atleast 1-2 weeks before travel. My flight was booked for Saturday 3:00 pm in afternoon and believe it or not I collected my passport with visa at noon!!!:rolleyes:

    P.S: Trip was great and in-fact also got chance to visit Paris!!!:cool:





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  • rick_rajvanshi
    08-19 09:39 PM
    Thanks everyone for replies.
    RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
    The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.

    Will keep posted on this forum.

    --------------------
    EB-2/ India/
    PD 06/2004

    Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?



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  • Seek_Gc
    09-09 07:47 PM
    if we are already using EAD from EB3 - 485 , are we still allowed to apply for another labor with EB2 ? and port the dates from EB3 while applying for EB2 - 140





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  • calgirl
    08-15 07:54 PM
    Folks,

    If I contact a Senator and they probe TSC for status, will my lawyer or the firm come to know I initiated this?

    Any ideas.?
    Thanks.

    Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form

    Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.



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  • sandeepk_c
    05-27 03:23 PM
    Hello,

    Please let me know how we are planning to send the case numbers and who is collecting the case numbers?

    Rgds
    Sandy





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  • rsrikant
    08-24 03:45 PM
    saw this in murthy...
    looks like the no. of applications are less compared to initial projections. the 300,000 include june, july, aug filers including spouses, kids. also seems the number includes 140 applications, ead, ap.. can't believe if it can be that less including all the above mentioned....

    http://murthy.com/news/n_ombsci.html

    USCIS Filings Surge in July / August 2007
    �MurthyDotCom
    The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.



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  • va_dude
    01-29 10:21 AM
    I'm a bit confused too.

    You guys have PDs in late 2004 for EB3 India and your 485 was already looked at?

    Are you guys also Jul/Aug 2007 filers?

    -va_dude





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  • desi485
    11-10 07:49 PM
    I don't know the answer and would be interested to know, however in case if your friend flys via destinations like UK then he might face issues while going back. If the current US visa stamp is expired for an indian citizen, transit visa is needed. So keep that too in mind.



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  • reddy77
    08-09 11:29 AM
    You can leave it as blank, you will getting the A# with the 485 receipt ...





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  • ss_col
    08-13 01:15 PM
    Hi,

    Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.

    Thanks





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  • pt326bc
    09-27 01:59 PM
    Most likely you received the original FP notice and the lawyer received the courtesy copy (like in my case).
    You should take the original FP notice (if possible) which is what my lawyer told me; although if your notice doesn't arrive (missing or stolen) then you could take the one which your lawyer received.
    Just my 2 cents not a legal opinion.
    Regards.





    Blog Feeds
    12-05 09:20 PM
    This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

    Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

    Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."

    What is a Regional Center (RC)?

    A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.

    What does RC designation by USCIS mean?

    It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.

    Are all RCs that have received designation from USCIS operational?

    No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.

    Is USCIS required to conduct background checks on RC managers or directors?

    No.

    Does USCIS monitor the performance of RCs?

    No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.

    Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?

    While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.

    If an RC is designated by USCIS, are all NCEs formed in the RC automatically
    approved?

    No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.

    Is there a process whereby USCIS provides pre-approval of an NCE within an RC?

    Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.


    If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?

    No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.

    What happens to an investor who invests in an NCE that never gets off the ground?

    The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.

    If either the I- 526 or I- 829 is denied, will the invested funds be returned to the
    investor?

    This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.

    What happens to an investor if the I-829 is denied by USCIS?

    The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.




    More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)





    theconfused
    04-02 06:39 AM
    1) Code of Federal Regulations (8 - CFR) govern the visa officer on what to do and what not.

    2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.

    3) Don't lie on visa application i.e. Form DS-160.

    4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.

    5) Case Status Report on the embassy website may or may not hold the updated information.

    6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.



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