Friday, June 10, 2011

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  • yganreddy
    09-01 12:01 AM
    They would have been happy with their half loaf.




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  • gcgreen
    08-15 01:42 PM
    It is not clear what you mean by "I can have the same occupational classification code not a problem about that." To my knowledge, you cannot control the occupational classification! It depends on the particular job duties, and skills required.

    Also, just the job title is insufficient. What does System Analyst (Oracle EBS) mean? Does it involve any software development at all like you expect to do in your new job? What occupation code is listed in the labor?

    In order to take advantage of AC21, the occupational classification (e.g., the O-net code) must match or be similar to the occupational classification of your GC sponsored job.

    Hello GCGreen,

    My labor mentions System Analyst (Oracle EBS). And I am looking for a job with similar title, but with different skills (Java/J2EE). I can have the same occupational classification code not a problem about that.

    Hope this information is ample for you to give me some advice.




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  • Berkeleybee
    04-12 12:56 PM
    Thanks for putting up the link Learning01. Karin got in touch with us and I had several calls with her cluing her into the facts and figures. She herself is an immigrant from Sweden.

    Good to see our leads payoff.

    best,
    Berkeleybee




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  • saketkapur
    04-21 04:49 PM
    Well California is not same....they took 4 months to renew my lisence....and its purely based on the expiry of the H1B I-94 :mad:



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  • GCwaitforever
    01-24 11:27 AM
    Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.




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  • fide_champ
    04-06 05:31 PM
    Does not sound right. Where did you hear that?

    AC21 allows you to change jobs after 180 days of filing.



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  • p_kumar
    02-27 12:16 PM
    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.

    You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:




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  • monkeyman
    10-17 01:51 PM
    Do women have to fill in the DS 157?
    It shows up as a required to fill form for my wife?

    Yes - now its based on age. You do not require DS-157 for children and seniors. Everyone else requires that.



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  • redgreen
    06-21 07:28 PM
    So much of misinformation by many 'legal advisors'!

    Please note that:

    1. Unemployment benefits is not a public charge.

    2. For getting unemployment benefits one need not be a citizen/permanent resident.

    3. You don't acquire illegal stay if you have a valid I-485 pending.

    Please read relevant FAQs at the USCIS webpage.
    Don't rely on advices from ignorants who try to scare people!




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  • antonyabraham
    04-20 04:32 PM
    I am also going to India and will be attending appearing for interview at Chennai consulate. I wanted to use AP, but I-140 which was filed on Feb 2007 at NSC is still pending.

    Indian consulates do not check the details in PIMS in advance, unlike some consulates in Mexico and Canada. I have written to Chennai consulate and they said they wouldn�t verify my information until I appear for interview in person. I wonder why different consulates have different policies.

    But according to murthy.com, PIMS system is more comprehensive now and should have more people in it (as communicated by USCIS to ALIA)

    http://www.murthy.com/news/n_nivpim.html



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  • chanduv23
    02-17 11:09 AM
    Back in 2007, we did a lot of PR work, we pleaded, begged, motivated, requested ... we kept on doing it consistently.

    There is a lot of work that needs to be done. The active folks must motivate the passive folks.




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  • tabletpc
    01-07 11:29 AM
    its a gray area....

    If your I-140 is not aproved after 180 days and if your emplyer does not respond to RFE..then your GC is gone for a toss...!!!!

    its always recomended to wait untill i-140 is aproved and 180 days are over...!!!!

    Not to scare you..i have also heard of emplyers revoking i-140 after it is approved which has caused tremendious pain to emplyees later in getting GC.

    My advice....give your career high priority and just go with your gut feeling that things will be fine...!!!!

    Good luck



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  • navyug
    06-26 04:58 PM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.

    You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....




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  • simple1
    06-18 06:22 PM
    I know that is a problem. We all are aware of EB3@U.
    My question was Is there any problem specific to ROW that is not faced by non-ROW ?
    I don�t want to carry this (ROW non-ROW) conversation forward.

    Letus focus on, What is in CIR for legal immigration ?

    Last time I checked EB3 for ROW was "U". Did you somehow get "U" confused with "C" or have you stopped looking at visa bulletins?

    Just so you know, EB3-ROW has the exact same issue at the EB3-India; they are both unavailable. Is that not a problem? Don't take my word for it, just look at the recent visa bulletins.

    Having said that, if you don't know what all the problems are with different preference categories for ROW or non-ROW then may be you need to spend some time educating yourself before making statements suggesting that ROW does't need any relief or only Indians are suffering through the EB mess.



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  • EndlessWait
    01-10 02:48 PM
    Its been 5 months , I'vent recieved the FP for myself. My case status still shows "The case has been transferred to Nebraska etc etc.."

    Anybody in the same shoes?




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  • guyfromsg
    02-07 03:19 PM
    Some banks like Bank of america you can see the deposited check's front and back image..Sorry you may already know this...



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  • glus
    04-29 10:54 AM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.

    NO, it will NOT affect you I-485.




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  • Blog Feeds
    12-18 09:50 AM
    AILA Leadership Has Just Posted the Following:


    Last month I blogged about my convoluted math--trying to figure out the wait times for various countries, in various categories for Employment Based visas. The January Visa Bulletin was (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) just issued, with this explanation:

    D. EXPLANATION OF THE NUMERICAL CONTROL SYSTEM AND CUT-DATE PROJECTIONS WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

    The Visa Office (VO)subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

    - If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example, if the Employment Third preference monthly target is 3,000 and there are only 1,000 applicants, the category is considered "Current."

    - Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 3,000 and there are 8,000 applicants, a cut-off date would be established so that only 3,000 numbers would be used, and the cut-off date would be the priority date of the 3,001st applicant.

    Applicants entitled to immigrant status become qualified at their own initiative and convenience and upon the completion of various processing requirements. Therefore, it is extremely important to remember that by no means has every applicant with a priority date earlier than a prevailing cut-off date been processed for final visa action. On the contrary, visa allotments are made only on the basis of the total applicants reported qualified each month, and consideration of other variables. Demand for visa numbers can fluctuate from one month to another, with an inevitable impact on cut-off dates.

    HOW IS THE PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop.

    Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.

    WILL THERE BE ANY ADDITIONAL CUT-OFF DATES FOR FOREIGN STATES IN THE EMPLOYMENT FIRST OR SECOND PREFERENCE CATEGORIES?

    At this time it is unlikely that there will be any cut-off dates in the Employment First preferences. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates apply to the China and India Second preference categories due to heavy demand, and each has the potential to become "unavailable" should demand cause the annual limit for that category to be reached.

    INA Section 202(a)(5) provides that if total demand will be insufficient to use all available numbers in a particular employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limits. For example, if it is determined that based on the level of demand being received at that time there would be otherwise unused numbers in the Employment Second preference category, then numbers could be provided to oversubscribed countries without regard to per-country limitations. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.

    Should Section 202(a)(5) be applied, the rate of number use in the Employment preference category would continue to be monitored to determine whether subsequent adjustments are needed in visa availability for oversubscribed countries. This action provides the best possible assurance that all available Employment preference numbers will be used, while still ensuring that numbers remain available for applicants from all other countries that have not yet reached their per-country limit.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?

    Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:

    Employment Second:

    China: July through October 2005
    India: February through early March 2005
    If Section 202(a)(5)were to
    apply: China and India: October through December 2005

    Employment Third:

    Worldwide: April through August 2005
    China: June through September 2003
    India: January through February 2002
    Mexico: January through June 2004
    Philippines: April through August 2005

    Please be advised that the above date ranges are only estimates which
    are subject to fluctuations in demand during the coming months. The actual
    future cut-off dates cannot be guaranteed, and it is possible that some annual
    limits could be reached prior to the end of the fiscal year.


    So, there you have it. The "official" guesses for FY 2010! It would be terrific, however, if the Visa Bulletin would tell us, based upon its knowledge of pending cases, and estimates on time, how long a case would take in the given categories, if started today. When the Department of State releases THAT information, then perhaps Congress will sit up and take notice that we are facing a literal crisis in our employment based immigration program, and hurting ourselves as a result.https://blogger.googleusercontent.com/tracker/186823568153827945-2329407886555470879?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/12/from-department-of-state-with-love-visa.html)




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  • mrsr
    05-19 11:22 PM
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    tisha
    11-05 03:17 PM
    Hi,
    I actually have an O-1 non immigrant visa that will expire in about 6 months, I also have so many doubts, hope you can help me.
    1. Do you know if I-140 Premium Processing is available for EB-1A (extraordinary ability immigrant alien) with an employment based petition?
    2. If it is, can I file together the I-140 and I-485 (with premium processing)and does this will make the process faster or do you recommend to do them separately?
    3. After filing the I-140 can I travel or do I need a special permission?
    Thank you very much for your help




    raghuram
    11-10 09:43 PM
    For my recent in-laws trip, I took insurance from ICICI Lombard. As one of the previous poster mentioned they are tied up with United Healthcare and they give you an Identity Card from United Healthcare. I previously used United and they are pretty good. So its a reliable Insurance.
    I took the platinum cover for my in-laws(age:mid 50s) and it came to around INR 16k for both of them for a 3 months stay, which I consider is reasonable, given a $ 250K coverage.
    Previously when my parents came, I have taken ICICI Lombard. Though I was lucky enough that they did not have any medical issues and I did not need to show up at any doctor/hospital.

    ICICI Lombard is only a fixed coverage plan for people age over 55 years. It is not a comprehensive coverage plan. It only pays a small fraction of the actual costs.



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