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  • retrohatao
    07-17 02:41 PM
    Am I hysteric or what?
    Any ways here is the flash.
    My case has been approved and got the so called Magic e-mails stating that the cards have been order
    for me and the spouse.

    Here is the "series of unfortunate events" :
    1.
    EB3/TSC
    PD: Sometime in 1998
    Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.

    2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
    thought I would save some time.
    3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
    4. Elated with the good news, applied i-140 & I-485 in 2004.
    5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
    amount of time.
    6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.

    Following is the chronological order:
    EB2/TSC
    PD : October 17, 2001
    LCl : January 7, 2004
    RD I140/485 : May 28, 2004
    EAD : July 26, 2004
    FP Notice Date : February 1, 2005
    FP Done : March 22, 2005
    I140l : February 11, 2005
    Namecheck initiated: June 2004
    Namecheck cleared: June 2006.
    I-485 cleared and cards ordered: July 2006.

    Here is what I did to get out of namecheck:

    1. e-mail to FBI on monthly basis
    2. Snail mail to FBI, OMBUDSMAN on monthly basis
    3. FAX to FBI on monthly basis
    3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
    FBI directly
    4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
    FBI directly. One senator never even responded
    5 got FOPIA.
    6. Made the attorney to contact USCIS officially
    7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
    and almost filed WOM. Only thing left is to send the papers.
    8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
    Just tried some personal mails to USCIS director FBI et all.

    Not sure what really worked. Some one from DOJ took time to call me and informed that my
    name check got cleared.

    moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
    try the above steps and hope for the best.

    Thanks to the forum members!!! I learnt lot from your experience.

    I will still be around on this forum and will try to help as much as I can




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  • shirish
    09-11 06:37 AM
    Thankx for the info.

    did you send ur 485 application directly to TSC or was it transfered to TSC?


    EB2 - India - July 2005
    RD - 7/26/2007
    ND - 09/27/2007
    Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.

    Hope this helps




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  • CantLeaveAmerica
    07-21 05:26 PM
    Also I forgot to add, did you file form G28 for your attorney to represent you in your 485 case? I am just thinking out aloud here and please verify with your lawyer....
    If your attorney is representing you, then he gets the original RFE with the yellow letter and has to respond on your behalf with the info..you only get a copy of the RFE letter.
    In my case, my attorney is not representing me and hence I got all the originals and it's my responsibility to respond to the RFE, not the lawyers.

    Once again, these are just my thoughts. IV seniors can respond and also ask your lawyer.




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  • imm_check
    11-06 05:06 PM
    Thanks to one and all for your feedback....i shall wait for some more days before talking to USICS

    Hi All,

    I got an update from my companies lawyer that my daughters application was returned as the cheque was not signed...I have a couple of questions to authenticate what she told me...

    1. Could some one let me know what happens when 485 or any application is sent back. Do they send a notice why they sent it back?

    2. Would USICS accept those applications again?

    3. What is the time period they give for a response in a situation like mine?

    4. What is the ramification of a application submission at a later date than that of the main application to USICS.

    Thanks...



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  • divs09
    06-19 11:54 AM
    Hello Unseenguy,
    Thanks for the reply .
    I forgot to mention that i was already on h1 before so i dont fall under H1CAP.
    This is the reason i applied for H1 from h4 as previously i was on H1B




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  • Singer
    10-21 11:06 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer



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  • flex
    10-02 02:56 PM
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  • abhijitp
    08-02 04:42 PM
    EB-1s for Indians and Chinese are also expected to be current. For EB-2, India is expected to have a cut off date of January 8, 2003 and for China the cut off date will be April 22, 2005.

    For EB-3, according to Jan, the worldwide cut off date will be August 1, 2002, India will be May 8, 2001 and China will be April 22, 2005.

    Jan also reports that 18,000 EB-3 for Indians have been processed in this fiscal year with 8,000 of those cases approved in June and 7,000 in July. By the way, the annual EB-3 limit for Indians is 2,800 so go figure.

    Also, approximately 40,000 cases were received at the Texas Service Center on July 2nd and 35,000 were received in Nebraska.

    One final amazing fact that Jan has learned - USCIS requested 66,600 (666!) visa numbers from the beginning of the fiscal year through the end of May and 66,800 numbers in June and July.
    Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.



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  • wandmaker
    10-30 12:19 PM
    I heard walk-in is the best way to advance. ASC can accommodate, if they have low volume for the day

    Is FP Prepone possible

    If possible, can someone tell me if you had to call them in advance to go before your scheduled date for your FP. I am in a similar situation where I am travelling to India on 11/14 and the appointment is on 11/17. I do not want to postpone the appointment as it might take a long time to receive again.

    If you had to call can some one tell me which number to call. All my receipts, EAD and appointment were received from TSC and the ASC field office is in Tampa, FL. If you did not have to call, then do we just go there in the morning and have our FP done. Any inputs appreciated.

    Thanks
    Govardhan




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  • snathan
    02-22 11:41 AM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Required:MS+1
    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.

    Title alone will not make you to qualify for EB2. You need to worry about porting with the same employer as it might invite audit (most likely) and there are other consequences also to worry about.

    Check with your HR - What category they are filing for the new job EB2/EB3
    If EB2 ask them - Why did they file EB3 for you for the same position.
    If EB3 - There is no point in porting.



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  • stillhowlong
    01-17 02:57 PM
    Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

    If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

    Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

    Good luck
    Raj:)

    Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
    1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
    Thanks
    SHL




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  • extra_mint
    05-16 01:31 PM
    PD June 12, 2006 NSC
    Waiting for my spouse's GC (dependent)

    I got mine (primary) over the weekend. Any one else in same boat ?
    Me and my spouse didn't applied together, I added her in 2008.



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  • Green06
    10-15 11:35 AM
    DMV laws vary from State to State. When I lived in CA they gave me 5+ yrs of DL but In my home state of Minnesota DMV puts status chek date on the DL which is the date of the I94 expiration. They send a letter at home to show the proof of extension otherwise the DL will be cancelled. I am planning to get it extended by using EAD (i haven't received EAD yet and my H1b extension is being applied). I read on Murthy's site that using EAD for DMV pupose doesn't affect the H1b status.




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  • buddyinsd
    02-13 07:09 PM
    For my final H1B extension, I used Chugh law firm and my employer did premium processing with them. Got my 3 yr extn in 2 days!!! Not sure if its the law firm or just my case.But they were prompt in paperwork and my interaction with them was only twice. Just honor their checklist and u r done.

    However, for GC, I used Mr. Michael Khosla's (The Law Offices of P. Michael Khosla & Associates, P.C. www.usimmigration.net (http://www.usimmigration.net)) services. Reasonable fee and awesome service. Never had any issues and got my GC in 2010

    I was fortunate to have worked with these wonderful firms from H1 to GC



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  • Charleh
    05-30 04:14 AM
    Most of the time you will hanlde referential integrity checks via SQL constraints or a double layer via your business objects and constraints together. If you wrap your update statements in a try/catch you can always catch any SQLExceptions first.

    Self incrementing IDs shouldn't be a problem - the data objects should be smart enough to know not to try to insert a key, and they will let SQL pick it. You shouldn't need to worry about these at all.

    As long as SQL has the constraints you shouldn't have any problems introduced by the application - the worst case is that the application throws an unhandled exception after trying to do an illegal insert. Of course if this causes any problems within the application and the data display it should be handled, but the actual underlying data shouldn't be affected.




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  • shar533
    05-23 11:03 AM
    Mr Aggarwal
    Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.
    Sharma



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  • n4nature
    02-05 11:59 AM
    Hello,

    I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?

    Or is there any other combination, that would help approve labor in EB2?

    I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.

    Thanks in advance for all your insights.




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  • ghost
    09-21 12:04 PM
    i kept telling you guys since last week

    send faxes to congress /house...it is in the house where bills get structured.

    make sure u add only the SKIL bill...just remove cap for ppl with advanced us degrees...that was the only thing the house had agreed to consider


    but everyone on this forum ignored me

    no it might be too little too late

    i am not saying all i slost...atleast we got some action going amongst the members of this site


    it aint rocket science guys....think about it from the lawmakers point of view....would they allow for more immigration frindly reforms now....no way...so be ready to compromise and suggest the ones which are truly benefecial to the US economy....

    the bottom line was always...borders secure first..then talk about immigration reforms....

    for the coming seasons....we have to push for nothing but the SKIL bill

    that is the only bill that has hope


    the other glimmer of hope in all this is the house has inadverently left out the fact on how they are going to fund the building of the wall

    it is here that we step in...

    fees for filing I485 for people under SKIL

    fees for being able to file 485 before visa numbers

    etc etc etc


    we have to take advantage of this opportunity

    in the mean while....SEND FAXES ABOUT SKIL BILL

    You remind me of Katrina fiasco....Red Cross was asking for money and you are bent on sending food and clothes. Let the people in close proximity of washington decide what we need to do at this moment.




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  • bindoke
    11-03 03:51 PM
    from http://www.cgihouston.org/OverseasCitizenship.html

    [Minors (below 18 years) whose both parents are Indian citizens are not eligible for registration as Overseas Citizens of India. They are, however, eligible to apply for PIO Card]


    regards




    mammoy2k
    09-30 08:29 PM
    Please read Yates memo for clarification.


    I think AC21 can only be used successfully if your I-140 has been approved. But again if you read the previous post by my2cent , I think that makes sense as it all depends on employer.

    As for AC21 law, it is associated with an approved I-140 and not a pending I-140.




    I-485 July 2 filer , ND Sept 10
    No FP yet




    shana04
    05-15 08:41 PM
    Friends,

    I am EB2 with Jan 2005 Priority date, I have used AC21 and send documents before through attorney.

    For my self
    1. Now I got RFE on current employement and offer of proposed employment (description of position) and offered salary

    2. Current address proof

    For my Spouse
    1. Missing G325-A need to submit one (but I did send them initially)
    2. Evidence that you maintained non immigrant status

    Please let me know if there is any attorney who is good and affordable

    Thanks in advance
    Shana



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