Tuesday, June 14, 2011

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  • needhelp!
    09-16 06:29 PM
    Time to use that precious gift of speech and convey your feelings to the judiciary committee..




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  • mammoy2k
    11-12 05:56 PM
    I wouldappreciate if any of you could shed light on the following scenario:

    If485 i spending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.

    Thanks




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  • marblerock
    06-11 12:32 PM
    Mr. Sanju,

    We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
    Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.

    Please feel free to influence any bill any way you please. Seems like you are in cotrol of your destiny. When you point that SELFISH finger at the IV core, also look at the three fingers pointing back at you.

    The IV position on the pertinent amendments already discussed on the floor is on the the front page of the website.
    If your are privy to the amendments being negotiated behind the scenes, please be kind and share the information with us. None of us has any information on these and as such cannot take a position.

    In my opinion you are asking for it. If everyone was not fatigued from last week, your allegedly disappearing thread would be flaming out pretty fast.




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  • samrat_bhargava_vihari
    06-25 03:42 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?
    Some people did same mistake for June buliten they filed in may and still they didn't get their applications back. Check with some good lawyer and file once again in first week of July. If you don't send them back by EOM and if dates get retrogress you will be in serious problem.

    http://immigrationvoice.org/forum/showpost.php?p=86794&postcount=25

    Check with shailesh what he did.



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  • Quest99
    09-14 04:40 PM
    It looks like a case of misunderstanding. Did you explain why you had the change of heart?. Explain your personal situation -like you are explaining here- with the pregnancy and commute time and doctors visits that are required every week?. I am not sure why a sane person wont understand the reasons why you decided not to join them. Further, if they do not understand, ask them if they have filed paperwork for H1?. If NO, then what is the claim of $3000 for?
    I explained my situation (I told them everything I wrote here) to them, but they don't care to listen. I have asked for the sign of contract proof and after that so far no mails from them.




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  • GcSTART1
    09-01 02:13 PM
    You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485

    I a in similar situation My I 140 is approved from previous employer (company A) if the employer agrees to go forward with I 485 , Can I still work for Compnay B and use Ac21.

    For AC21 does the jobs exactly have to match with the technoligies mentioned in labor , Or a generic job descirption of Software developer will be taken in to considerarion.



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  • krishna_brc
    05-30 07:11 AM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:




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  • Green.Tech
    08-05 06:09 PM
    I am not sure this will count as an illegal behavior. Of course, I am not a lawyer. But companies typically ask for relocation reimburesement and lawyer expenses, etc. to be paid back pro-rated, in case the employee leaves within a year or so.

    Again, this is not really asking for money for labor, but just making sure that the company gets their expenses back in case employee leaves within an year.

    Btw, I do not have any such agreement with my company. But I think this is standard. Unfair, maybe. Illegal? I dont know....

    Good point!

    For one, my employer contract (which I haven't signed yet) says that I will need to reimburse for ALL GC related fee that they have incurred on my behalf if I leave ANYTIME during my GC application is pending. I know such contracts are common (or are they?) but I am not sure if they can ask me to reimburse them for labor cert fee (which as per DOL is employers responsibility) or even for that matter any other application fee (which I understand are employers responsibility as well?). So, basically they can contract me for all the legal fee (attorney fee) but not ALL fee.

    More thoughts?



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  • waltz
    08-24 02:05 PM
    I'm sorry if this has been posted before, but the show is based on the following study:

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

    Kauffman Foundation Study Points to �Brain-Drain� of Skilled U.S. Immigrant Entrepreneurs to Home Country
    Contacts:
    Barbara Pruitt, 816-932-1288, bpruitt@kauffman.org, Kauffman Foundation
    Tom Phillips, 212-935-4655, comptwp@aol.com, Communication Partners

    More than a million skilled foreign nationals in the United States, including doctors and scientists, face mounting visa backlog

    (KANSAS CITY, Mo.) Aug. 22, 2007 � More than one million skilled immigrant workers, including scientists, engineers, doctors and researchers and their families, are competing for 120,000 permanent U.S. resident visas each year, creating a sizeable imbalance likely to fuel a �reverse brain-drain� with skilled workers returning to their home country, according to a new report released today by the Ewing Marion Kauffman Foundation.

    The situation is even bleaker as the number of employment visas issued to immigrants from any single country is less than 10,000 per year with a wait time of several years.

    �The United States benefits from having foreign-born innovators create their ideas in this country,� said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and executive in residence at Duke University. �Their departures would be detrimental to U.S. economic well-being. And, when foreigners come to the United States, collaborate with Americans in developing and patenting new ideas, and employ those ideas in business in ways they could not readily do in their home countries, the world benefits.�

    Conducted by researchers at Duke University, New York University and Harvard University, the study is the third in a series of studies focusing on immigrants� contributions to the competitiveness of the U.S. economy. Earlier research revealed a dramatic increase in the contributions of foreign nationals to U.S. intellectual property over an eight-year period.

    In this study, "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," researchers offer a more refined measure of this rise in contributions of foreign nationals to U.S. intellectual property and seek to explain this increase with an analysis of the immigrant-visa backlog for skilled workers. The key finding from this research is that the number of skilled workers waiting for visas is significantly larger than the number that can be admitted to the United States. This imbalance creates the potential for a sizeable reverse brain-drain from the United States to the skilled workers� home countries.

    The earlier studies, �America�s New Immigrant Entrepreneurs� and �Entrepreneurship, Education and Immigration: America�s New Immigrant Entrepreneurs, Part II,� documented that one in four engineering and technology companies founded between 1995 and 2005 had an immigrant founder. Researchers found that these companies employed 450,000 workers and generated $52 billion in revenue in 2006. Indian immigrants founded more companies than the next four groups (from the United Kingdom, China, Taiwan and Japan) combined.

    Furthermore, these companies� founders tended to be highly educated in science, technology, math and engineering-related disciplines, with 96 percent holding bachelor�s degrees and 75 percent holding master�s or PhD degrees.

    Among key findings in the most recent report:

    Foreign nationals residing in the United States were named as inventors or co-inventors in 25.6 percent of international patent applications filed from the United States in 2006. This represents an increase from 7.6 percent in 1998.
    Foreign nationals contributed to more than half of the international patents filed by a number of large, multi-national companies, including Qualcomm (72 percent), Merck & Co. (65 percent), General Electric (64 percent), Siemens (63 percent) and Cisco (60 percent). Forty-one percent of the patents filed by the U.S. government had foreign nationals as inventors or co-inventors.
    In 2006, 16.8 percent of international patent applications from the United States had an inventor or co-inventor with a Chinese-heritage name, representing an increase from 11.2 percent in 1998. The contribution of inventors with Indian-heritage names increased to 13.7 percent from 9.5 percent in the same period.
    The total number of employment-based principals in the employment-based categories and their family members waiting for legal permanent residence in the United States in 2006 was estimated at 1,055,084. Additionally, there are an estimated 126,421 residents abroad also waiting for employment-based U.S. legal permanent residence, adding up to a worldwide total of 1,181,505.
    Using data from the New Immigrant Survey, the authors find that, in 2003, approximately one in five new legal immigrants in the United States and about one in three employment-based new legal immigrants either planned to leave the United States or were uncertain about remaining. The authors had no data on how many foreign nationals have actually returned to their homelands.

    �Given that the U.S. comparative advantage in the global economy is in creating knowledge and applying it to business, it behooves the country to consider how we might adjust policies to reduce the immigration backlog, encourage innovative foreign minds to remain in the country, and entice new innovators to come,� said Robert Litan, vice president of Research and Policy at the Kauffman Foundation.

    About the research team
    For more information about the Global Engineering and Entrepreneurship research at Duke University, visit http://www.globalizationresearch.com; visit http://www.law.harvard.edu/programs/lwp/ to learn about Harvard Law�s Labor and Worklife Program; and visit http://www.nyu.edu/ for more information about New York University.
    Read the report




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  • r2i2009
    09-22 05:01 PM
    Well said guys.....I do not know why this thing hangs around me with me having EAD. EAD is just like GC with some restrictions. Why should I worry?

    Keep running life as usual. Just think people at the back of you?



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  • msp1976
    02-09 03:59 PM
    All non-Indian members....

    At present India is the most retrogressed country...This is just an attempt to gauge the extent of retrogression....
    This poll does not imply that you are not valuable and your concerns are not cared for...




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  • gc_chahiye
    09-23 02:11 AM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi

    1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
    http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230

    2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.

    3. our receipt also had the PD field blank. Apparently thats normal



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  • snathan
    03-28 12:39 PM
    Hi All,

    I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?

    Wait for ITIN to be processed and once get the ITIN amend your tax filing.




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  • mammoy2k
    11-13 05:49 PM
    you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.

    Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.

    Thanks for your response.



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  • Friend
    02-18 10:21 PM
    Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.

    In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.

    In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.

    For this reason, I advised you to wait until the PD for your category become current again.




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  • seeking_GC
    09-23 06:30 PM
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  • suryamnb
    12-07 02:30 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?




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  • sledge_hammer
    04-22 08:44 PM
    Admins - Please ban 'Brittanicus'




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  • like_watching_paint_dry
    08-26 11:53 AM
    Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
    Now get the hell out of here.

    :D

    I want dixie as my spokesperson.




    bidhanc
    06-08 03:32 PM
    Hi,

    My I-140 was filed in Jan 06 and was cleared by March 06. Not sure if it depends as to where it's being sent to.
    I think mine went to Nebraska.




    Mumbai_girl
    12-03 11:58 AM
    What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.

    bach007 , I do very much appreciate your reply. I did call up mumbai and delhi visa center and they also said the same thing. Needless to say my lawyer needs to do lot of reading and research before answering any queries.



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