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  • mbartosik
    08-20 06:35 PM
    I'm a UK citizen (waiting for GC), and one obversation that I have is:

    If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.

    So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?

    I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.

    I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).




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  • leoindiano
    08-04 09:37 PM
    I-140 receipt will not have A#. Only approval notice will have it. In the beneficiary column along with name of the person.




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  • nobody
    05-27 02:16 PM
    soul's sucks=)




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  • ganguteli
    04-08 06:21 PM
    Please feel free to delete my id.

    I am done here. Wish good luck to everybody. Hope everyone gets GC soon.

    As if your ID has any value?

    Who cares about annonymous IDs anyways. :D:D:D

    I am happy you did not get any reply. You thought you are some Senator or VIP...
    Go show off your ego to your CEO and lawyer. You will get the treatment that will put you on ground level.



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  • Sai_07
    06-27 10:31 PM
    My I-140 was approved in Dec 2006 and still working with sponsoring company.

    Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.

    Here are the exact words from letter:

    In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.

    Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?

    Appreciate your help.




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  • vinay.shah73
    01-17 03:12 AM
    Both I and my wife had LUD update on Jan 9th. We got an RFE for her (but not me), asking for evidence regarding the bona fides of marriage. It will be great if you can share your experiences on RFE with us.

    Here is what USCIS specifically requested:
    1. Birth certificates of children
    2. Documents of joint ownership of property such as car title, house (grant deed or rental agreement), etc.
    3. Joint income tax returns
    4. Joint financial accounts such as bank statements
    5. Spousal insurance coverage such as health insurance and life insurance

    In my original application, I had submitted the marriage certificate (in English) from India. I can resubmit that.

    Things that I plan to submit:
    a) Marriage certificate from India.
    b) Joint US income tax returns for 2006.
    c) Joint bank statement.
    d) Kaiser health insurance for spouse.
    e) Joint credit card statements.

    We do not have kids. No car title or house on joint name. No rental agreement or utility bills on joint name. We do not have life insurance.

    Please let me know if these documents sound reasonable enough to convince USCIS. If there is anything else that I can provide, please do let me know.

    Thanks a lot!
    vinay.shah73@gmail.com

    PS: I filed I-485 in Jan 2007 under EB-1 in Nebraska Service Center. My I-140 was also approved in Jan 2007. This was not a concurrent filing. I filed I-485 after getting I-140 approved. Got finger-print, EAD, AP in April.



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  • inspectorfox
    07-22 09:01 PM
    Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.

    My case is very similar to yours. I had applied my I-140 in Oct 2006. Got an RFE for Ability to Pay which was responded to in Feb 2006. LUD changed twice in Feb and there was no progress. I upgraded to premium processing in June but there was no progress in my case even after 15 days past. Recently I got to know thru my lawyer that my case has been moved to the TSC Review Department for a background check and a decision is pending. I have taken an INFOPASS appointment to meet with an immigration officer to follow up about my case on Friday.

    There are lot of people who are now stuck in background checks at I-140 stage which was very uncommon before.

    I would advise you to follow up with you lawyer to get more details on your case. My lawyer actually spoke with the Immigration Officer at TSC.

    Goodluck!




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  • th3thirdman
    03-30 07:05 AM
    Ok sorry if I post this in the wrong place. So I married my wife in 2004 and we began the immigration fillings right away. so you know I was turned away at the border in 2000 because I was going to stay with my wife and her family for 3 months.
    When they asked why they would put me up for that long, I told them they were like my adopted family. they still turned me away saying that the money I had at the time $300 was not enough to support my self for that time. this was summer break from school. So that is from my record and the officer who interviewed me wrote in his report that I intended to be adopted for immigration purposes. I think he just mis understood me. ok so that is in the noid. when we went to the first interview the woman was hostile towards my wife and I asking about our age and how we met we are 22 years apart in age. we provided her with documents some bills, photos and joint bank account statement. this is all we had in the first 4 months of out marriage. she asked repeatedly why we had not made any major joint purchases Why we didn't have joint health care. both because I had just started working and had not saved money yet.
    We had a second interview to which we took the same documents and more. This interview was short. The interviewer was professional and asked alot of yes and yes questions and would stop us from going on more then that. he said that he had to talk with his supervisor and we would hear from him with in six months. So nothing from them from them for 4 years I called the help line once a year and kept up my EAD and worked full time. Then 2 guys showed up and asked to be showed around the house. we let them in and they interviewed us they took some photos and said have a good day.
    Then 6 months later we received our first NOID. Stating that I had been turned away the one time and that I had said I was to be adopted. That I was in a relationship with a person that does not exists. They pointed out that there were photos of my wife with her ex-husband on the walls.
    So we go see some lawyers talk to like 6 of them and picked the one who seemed best. talked to people in out community friends who had immigrated. ects. so his plan was to withdraw and file anew to get a fresh first interview. So we refiled with a stack of documents 4 inches thick. insurance, all of our bill, tax returns, car payments. anything we could think of.
    So we get anther interview dude takes us back to his office. asked me the basic security questions. and sent me away. Then told my wife and lawyer that the first filing was denied and letters sent. and that they never received our letter withdrawing the first filing. we never received their denial letter. He said he would review out case and the new documents. he sent a NOID for the second filing like 4 months later. So we responded to the noid with a letter from my wife and I refuting the noid line by line. And with letters from friends PHD professors at the local collages. about 10 - 15 all in all and we have not had a reply from them. So the layer said that we had to wait on the USCIS to make the next move. is this so is there anything we can do to move this along? should we switch lawyers? we really like the man we have but I dont know its been over a year now.

    sorry for the poor grammar its really late here. thanks for your health.



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  • anantken
    07-21 09:32 AM
    I am also having the same case... my PD is May 2006. I filed for I-485 in July 2007. Until today I haven't received the FP Notice.. Last yr I have received AP, EAD but no FP yet..

    Someone on this website mentioned that EAD Renewal should trigger FP notice. In June 2008 I have applied for EAD Renewal.. Online status shows that EAD card is in production. But Still no FP notice.

    I went to local office too.. They were of no help. They said that FP notice should initiate from USCIS Service Center.

    Also I have done 2 SRs.. 1st one was done in Nov 07. Still Nobody is assigned to my case.

    I dont know what to do now. my service center is TSC.




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  • buddhaas
    02-02 03:57 PM
    Why Is H-1B A Dirty Word?
    By Eleanor Pelta, AILA First Vice President

    H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.

    But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.

    Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.

    How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.

    Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.

    It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.

    And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.


    The assault on H-1B's is not only offensive, it's dangerous. Here's why:



    * H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
    * The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
    * The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
    * The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
    * The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.

    Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.

    source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form



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  • amit79
    04-10 05:00 PM
    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.

    I read this as saying this....
    The 163k number includes the advance degree number. So it is 132K for general and 31k for advance

    Ys, total petitions received are 163,000




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  • fasterthanlight�
    06-06 03:50 PM
    The Guidlines one and the Family Guy monkey are my favorites cause they make me laugh.

    Yes!!!!!



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  • aph0025
    11-12 12:15 PM
    Of course, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status

    I was on F1 visa. I had my OPT valid up to the 15th of Jan. 2008. My consultant filed for my H1B to begin from the 1st Oct. 2007. For any one in my situation (F1 to H1B), please do not let go of your valuable OPT time, in lieu of H1B, how much ever influential the consultant is (in terms of getting you a project). They would always want you to begin at the earliest so they can be assured of your services with them. Make sure they put down your begin date, only after the last date of OPT period on the H1B documentation.
    So, in my situation, I do not have a valid reason to re enter the US. That is why I want to get my visa transferred over here. Considering I do not have pay stubs, a lot is dependant on my fate, I guess. Thanks for your reply.




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  • rangakutta
    02-10 11:56 AM
    I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.



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  • Berkeleybee
    04-07 09:03 PM
    About the appeasability of Sensenbrenner check out :

    http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168

    My favorite bit is the one in where the article says about Sensenbrenner

    "Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."

    I very much doubt that he will be swayed by faxes. ;-)

    best,
    Berkeleybee




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  • ushkand
    07-20 10:44 AM
    I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.



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  • matreen
    01-22 03:00 AM
    I am also in similar boat....please advice guys....

    what happend once you invoke your AC21 and travell on AP ......

    What would be the best answers at POE if they ask I am working for the GC sponsered Employer?

    M




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  • jayram123
    07-15 10:56 AM
    From Houston, TX




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  • newuser
    05-12 10:12 PM
    I am in for it. I am ready to put 2K if members are going to come forward




    aries
    08-03 05:16 PM
    whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.

    thanks!


    Any answers to this questions ?




    paskal
    12-22 10:16 PM
    Mark you calenders/palms/outlooks etc

    AND

    watch this space for details on calling in

    AND

    let us all know if you can attend

    Thanks!



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