Saturday, June 18, 2011

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  • cool_guy_onnet1
    11-21 02:09 PM
    I am in a big,actually huge problem, Filed for EAD/AP and got it.
    Now I may loose my job in next month-


    My wife will be here sometime this month on h4- but she does not have an AP since we were not married when the dates were current. So lets say If I jump on EAD/AP -

    what happens to her status? How can she travel? She does not have AP and obviously, her H4 shall become void if I loose this job. Horrible situation especially considering it's the holiday season.


    PLEASE HELP!!!!!!
    I've been IV member since it's formation and have contributed everymonth!
    PLEASE GUYS PLEASE HELP




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  • map_boiler
    07-05 04:52 PM
    If your labor cert contains language such as "...may work at one or more unanticipated locations", you should be fine with no need to re-start the GC process.

    However, I would check with an attorney to be on the safe side.

    Gurus, need a lil help clarifying issue in GC process.

    I've a question regarding location of work place for a H1B employee filing GC process.

    I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.

    Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.

    If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.

    I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.

    Thanks in advance.




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  • GC20??
    08-12 03:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit




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  • benbear
    11-09 09:07 AM
    It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.

    So,from , EB receipt in Sept vs. receipt in Oct = 2:1

    150k in Sept. include both EB(100K) and FB (50K).
    (Note: assume received FB every month 50K. 50K is a reasonable assumption,
    otherwise it's no way for USCIS to approve 800K AOS a year.)

    Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.

    Out of the 655k total, the key is lead time for FB approval, how many month?
    This is the key! If we assume average FB approval takes 6 month,
    then EB out of the 655k is 655K-50Kx6=355K.

    Add the 50K EB in Oct. Total EB backlog is 405K.

    Still the key is average FB approval time, any gurus has any idea.
    I am sure the time is not 12 month. If it's 12 month,
    then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!

    That same link you gave tells us that 655k is pending/back-log for AOS....



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  • starving_dog
    06-13 01:17 PM
    Was that 2007 you were referring to?




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  • mbawa2574
    07-17 04:06 PM
    These are government matters and you can only speculate based on information that comes out through unofficial resources. Looks like we have good resources for this information. Please wait for the official announcement.



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  • howzatt
    07-16 01:44 PM
    I beg to disagree - I think if you read between the lines it is quite clear that potential solutions are being discussed. A solution may be announced but NOT within the 24 hrs that we all are expecting. It may lead to a deadlock in which case the lawsuit would be one of our recourse.

    I think we all got a little carried away by the 24HR time frame from Core.

    Whats new about this news? We have been hearing this since Thursday evening.




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  • suresh.emails
    01-23 11:34 AM
    Well,

    The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)

    1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.

    2. Wait for 2 days to activate the bar code.

    3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.

    4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).

    5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.

    6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.

    7. Send notarized affidavit for support I-134 form.

    8. All supporting documents

    9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.

    10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.

    11. If you are on EAD/GC, send your copied of EAD/GC.

    12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.

    13. Educate your parents with all possible questions/answers they may face during the interview.

    14. Advice your parents not to lie during the interview process. ask them to answer frankly.

    Let me know if you need more information for visiting visa. I can/may answer all possible questions.

    P.S: My parents got their visiting visa stamped during the second attempt.



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  • GCHope2011
    02-05 06:31 AM
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.
    Congrats ivar - you are now a free man!!

    My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.




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  • johnamit
    07-17 02:55 PM
    opening new threads like this is annoying, I see lots of useless thread around here which discourages me to come to IV that often. He is asking update from CORE like they owe him, he must have paid his attorney and should attorney in such way not here. Whenever core has something to share they do share, no doubts.



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  • astral1977
    07-09 11:21 AM
    smartboy75,

    I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.

    AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.

    If in doubt kindly read through the text that you pasted in your message.

    Thanks.


    Source www.immigration-law.com

    07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008

    USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
    Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
    A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
    Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
    A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.


    So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???




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  • nashim
    07-15 03:42 PM
    Hi Gurus,
    1) Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,

    2) Is it possible to file second EB2 I-485 through my future employer?

    3) If file second 485, what will be affect on pending I-485?

    Thanks



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  • GCD
    07-28 11:15 AM
    Gurus. Please reply. Thanks a lot.
    Gurus. Please reply. Thanks a lot.




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  • augustus
    07-13 01:33 PM
    You are right. Suits are the way to go. Let them know we are no scum bags!!!! GO PEOPLE! Dress up... Have your day!!



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  • mantagon
    07-23 09:54 AM
    AP is not a status, it is just a travel authorization. So, you may let it expire and then when you need it again, you apply for a new one, to be used for re-entry to the US.

    Hope this helps!

    Hi guys,

    I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.

    I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?

    I am still working on H1 and she is a parolee.

    Thanks in advance fopr the responses.




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  • lazycis
    05-07 03:08 PM
    since leaving the employer was not my intent but the employer`s decision

    It gives you more protection in some cases (i.e. I-485 is pending less than 180 days). Overall, you should worry about finding new job more than this portability stuff. Whatever regulations they come up with will not have retroactive effect, AFAIK.



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  • pappu
    04-16 10:46 AM
    Admins,

    Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.


    I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.
    We get a lot of people with Alabama as the state. This is because it is the first state in the dropdown. People do not even bother to put their correct state when they create a free membership account. If we do not get correct email address we cannot communicate with you via emails. We also need your name and phone number so that we can call you. There have been times, when core team has called members to tell them about something important. We will sometimes point out on the forum if any poster has not given us full information. It may cause embarresment to some members who are frequently posting on the forums annonymously.




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  • gcisadawg
    04-19 06:06 PM
    When you go for a loan against the credit card balance, there are two types.

    1> 0% to 1.99% short term loan with 3% transfer fee.
    2> 4.99% to 5.99% LIFE time loan with 3% transfer fee.

    The key thing for both the loan is...

    1> Never EVER use the credit card that you used to get the loan UNTIL you repay the loan completely..
    2> When you go for the loan, ensure the balance on your card is zero. If you have a balance, ask them to pay off the balance from the loan amount and send the reminder.
    3> Always pay on time at least the minimum balance. Never miss a payment. Ensure this credit card doesn't have universal default clause, meaning, if you are late on any other credit card then you are considered as late on this card.

    If all the above three points are acceptable, I suggest CC loans. Otherwise, look for other options.

    GCisaDawg




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  • GCchakravyuh
    07-13 11:43 AM
    Dressing up professional makes utmost sense. Afterall they are dealing with 'professional legal immigrants' , not the illegal ones.

    So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.




    carbon
    05-18 05:12 PM
    Will we be able to find by the end of 2006 wether CIR bill is passed or not ?




    va_dude
    03-09 01:21 PM
    To port from EB3 to EB2, you will need an approved EB2 labor.
    You can't just randomly convert your EB3 to EB2 just because you are more qualified, etc. Besides the category, Eb1,2,3 is determined by the job requirements, not your qualification. So you could be a PhD from MIT, but if the job requires only a Bachelor's for example, you can't do an Eb2.

    So in your case, your new employer C would need to file for a new labor in EB2 and then do the 140 after labor approval.

    I'm not a 100% sure if you can do the porting while filing the new 140 or only after its approval. For that you might need to confirm with an attorney consult.

    My advice - spend the 100/200 bucks and get a 1 hour consult with a reputed attorney or the attorney that employer C works with.



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