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  • Milind123
    07-27 03:34 PM

    I had the same situation and asked my attorney last month. He replied "I-94 # is always the # on the white card which is stapled in your passport", meaning the latest I-94 (white card) given to you at the port of entry. It doesn't matter whether it is expired or not. Hope this answers.

    I think the I-94 Numbers should be the same on all I-94's.

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  • ramesh10
    06-15 09:39 PM
    Thanks Franklin
    I will contact my lawyer on this

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  • tabletpc
    10-17 12:15 PM
    Can anyone tell me what it means in terms of documents...???

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  • Anders �stberg
    May 2nd, 2005, 02:38 PM
    Thanks Brent!
    I'll experiment a bit the next time, it's just practice runs so far so I can afford some misses.


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  • kshitijnt
    06-28 05:57 PM
    I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.

    Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?

    Sorry to be a pain.
    I am just trying to understand this properly.
    I do not intend trouble.
    Any replies that you guys are giving is very much appreciated.

    Hi - I was in a similar situation as you:
    In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.

    In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.

    No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.

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  • ski_dude12
    08-10 11:43 AM
    Do you think USCIS cares who pays for it or where someone lives as long as the check goes through?


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  • knowDOL
    06-05 11:26 AM
    Yes, looks like they removed the timeframe hopefully it is for good. but lets see. May be after the bi-specialization case transfers they removed.

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  • enqueued
    12-15 08:43 AM

    Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.

    If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.



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  • webm
    07-09 11:59 AM
    Don't worry,the EAD approval rate became faster thesey days..esp TSC/NSC..:)..

    On top of that,you should get 2 yr EAD..:)

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  • mnq1979
    05-21 03:02 PM
    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?

    Well i dont think thats true that it is must that i have to send the AC21. Like i can always get the employment letter from my employer who sponsered me for my green card. All i was asking was that IF I DO GET THE EVL RFE (I HOPE NOT) then in that instance what i am suppose to do? Get a letter from my current employer or the employer who sponsored me for green card?


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  • coolmanasip
    07-19 09:58 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863

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  • prom2
    07-22 12:02 AM
    New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655

    I-485 new filing fee is a package fee (I-485+EAD+AP)= 1,010


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  • eb3_nepa
    08-10 04:52 PM
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

    How is that even possible. How were you able to file with a Dec 2005 EB3 India PD in June 2007 when they were only accepting applications with PD of June 2003 for Eb3 India?????

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  • starseed
    07-20 06:10 PM
    LOL! I did that already in May and the Local office IO was so incredibly RUDE and unhelpful. She told me absolutely nothing other than confusing me by saying my application was being processed on the East Coast and it would be another 3 months or so....... Bet she was just looking at the "EAC" in my receipt # to come up with "East Coast". I confirmed today it is definitely at TSC.


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  • dilbert_cal
    04-30 12:13 PM
    One of my colleague filed his 140 in third week of March. Will update when it gets cleared.

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  • eb3retro
    04-15 08:38 AM

    I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
    1) I work with a company who applied for my labor last year, its approved and now they are filling 140
    2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
    3) My wife works in a company who wont apply for her Green Card they dont have a policy
    4) Her visa expires after 2 yrs ...
    5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
    6) Assuming she gets 140 in next 2 yrs before her visa is expired.

    Questions .....
    a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
    b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared case I leave my job then we might think for her to apply 485 but chances are less.

    Experts please guide me if this plan would work and if yes how much would it cost me ...

    Thanks in advance ..

    also update ur profile..


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  • geesee
    07-13 09:38 AM
    These should be called "Payed Services". What do you think ?

    I highly oppose calling those "Payed Services", but I am ok with "Paid Services" ;)

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  • zCool
    05-21 03:06 PM
    Well i dont think thats true that it is must that i have to send the AC21. Like i can always get the employment letter from my employer who sponsered me for my green card. All i was asking was that IF I DO GET THE EVL RFE (I HOPE NOT) then in that instance what i am suppose to do? Get a letter from my current employer or the employer who sponsored me for green card?

    You have to get it from your prospective permanant employer. If you have intention of working for your past employer after you get GC, that would be it,
    If you've made decision to work for your current employer on Permanant basis then that would be it..
    It's not good or bad.. just keep it simple

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  • yabadaba
    01-26 10:59 AM
    If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....

    In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.

    Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!

    Good Luck folks!!
    TSC is june 21st for I-140

    Blog Feeds
    05-22 01:10 PM
    Last week we became members of Global Alliance of Hospitality Attorneys (, this will allow us to serve our clients even better and offer solution to the ever changing global workforce that the hospitality industry is facing.

    Whether transferring employees between international properties or employing management trainees, immigration is an integral part of the hospitality industry. The top seven visa types utilized by the hospitality industry are the J-1, H-3,H2B, L-1,E2, TN and H-1B. The following is a brief outline of each of these visa types:

    E2 Visa (

    This is also known as the nonimmigrant investor visa. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions. In comparison, the H-2B is limited to 10 months with 3 extensions. The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family.".

    An E-2 allows European nationals to manage investments that are at least 50% Euro owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $150,000 or more, but the investment amount depends on the nature of the business. For example, opening up a restaurant in downtown San Diego would require 500,000 dollars while opening up a Catering business firm may only require start up costs of $70,000. This is why there is no fixed figure on a minimum investment amount.

    The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Another example illustrates how this works. An E-2 investor wishes to establish a French Bakery and will invest $35,000 to buy the equipment. He expects the Bakery to generate $60,000 in gross sales. This business would probably not qualify because the gross income generated would not be substantial. The Bakery would only generate enough money to support the investor.

    H2B Visa (

    Temporary nonimmigrant classifications that allow noncitizens to come to the United States to perform temporary or seasonal work that is nonagricultural (such as hospitality or resort work) if persons capable of performing such a service or labor cannot be found in this country. Up to 66,000 new visas are available each year in this category. The number has been reached increasingly earlier every year. In Fiscal Year 2007, the first half of the cap was reached 3 days before the year began and the second half was met 4 months before the period began. From March of 2005 through September of 2007, returning workers were exempt from counting toward that cap due to the lack of temporary workers. Congress is considering renewing this popular policy.

    Employer's need must be temporary: Visas are only authorized if the employer can demonstrate a "temporary" need, that is, less than one year, and that the need is either a "one-time occurrence," a "seasonal need," a "peakload need" or an "intermittent need." The employer cannot use this category for permanent and long-term labor needs.

    Employee's intent must be temporary: The nonimmigrant worker must intend to return to his or her country upon expiration of his or her authorized stay. The worker may be required to prove ties to his or her home country.

    J1 Visa

    For seasonal/temporary employment, there is the J-1 Summer Work/Travel Program, which allows foreign college or university students to work in the U.S. during their summer vacation.

    This type of J-1 classification is valid for four months and allows the students to assist
    companies in meeting current labor demands. In addition, the biggest benefit to this type of J-1 classification is that the foreign students can do any type of work for the company. It is not necessary for the work to be related to the student�s degree.

    The Management Trainee J-1 visa classification is another viable option and is valid for twelve to eighteen months and considered relatively easy to obtain. The potential trainees must possess a post-secondary degree or professional certificate and one year of work experience in their occupational field from outside the U.S. Five years of work experience in their occupational field can also be used in place of the post-secondary degree or professional certificate.

    H3 Visa

    The H3 has become a popular option for many of our Hotel clients and we use it for certain trainees that need advanced training that is NOT available in their home countries.

    An application for an H-3 visa requires the prior filing with a BCIS service center of a petition by the foreign national�s prospective trainer on Form I-129 with an H Supplement, a training program including the names of the prospective trainees, and the proper filing fee. The petition may be filed for multiple trainees so long as they will be receiving the same training for the same period of time at the same location. Additionally, the petition must indicate the source of any remuneration received by the trainee and any benefits that will accrue to the petitioning organization for providing the training. The trainee must demonstrate nonimmigrant intent by having an unabandoned residence in a foreign country. There are no numerical limits on the number of H-3 petitions issued each year. H-3 visas are not based on college education.

    Upon approval of the petition, an I-797 Notice of Action of approval is issued by the service center. The foreign national submits the I-797 approval notice to an American consulate abroad with Form DS-156 and, if necessary, the DS-157 and other forms required by the consulate to obtain an H-3 visa stamp. A foreign national in the United States may apply for change of status to H-3.

    TN Visa

    NAFTA is the North American Free Trade Agreement. It creates special economic and trade relationships for the United States, Canada and Mexico. The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals to work in the United States. Permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional.

    The Conditions for Professionals from Mexico and Canada to Work in the United States

    * Applicant should be a citizen of Canada or Mexico;
    * Profession must be on the NAFTA list; - Hotel Manager is a NAFTA category
    * Position in the U.S. requires a NAFTA professional;
    * Mexican or Canadian applicant is to work in a prearranged full-time or part-time job, for a U.S. employer (see documentation required). Self employment is not permitted;
    * Professional Canadian or Mexican citizen has the qualifications of the profession

    Requirements for Canadian Citizens

    Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified TN visa applicants upon request. However, a Canadian residing in another country with a non-Canadian spouse and children would need a visa to enable the spouse and children to be able to apply for a visa to accompany or join the NAFTA Professional, as a TD visa holder.

    L1 Visa

    L-1 category is meant for aliens coming to the United States on temporary assignment for the same or an affiliated employer for which the alien worked abroad for at least one year within the proceeding three years. Many large hotel chanins have takes advantage of this visa to bring top executives to the US locations or workers with specialized skills. The alien must be employed in a managerial or executive capacity (L-1A) or one involving specialized knowledge (L-1B). There is no annual limit on the number issued.

    The family members of L-1 alien can come to the U.S. under L-2 category. However, they cannot engage in employment in the United States unless they change the status to a nonimmigrant category for which employment is allowed.


    A U.S. employer or foreign employer (must have a legal business in the U.S.) seeking to transfer a qualifying employee of the same organization must file petition with USCIS.

    H1B visa

    Aliens coming to the United States to perform services in a specialty occupation or as a fashion model of distinguished merit and ability are classified under H-1B category.

    A maximum of 65,000 H-1B visas are issued every year. The H-1B visa is issued for up to three years but may be extended for another three years. Individuals cannot apply for an H-1B visa to allow them to work in the US. The employer must petition for entry of the employee.

    Specialty occupation is defined as an occupation, which requires:

    * Theoretical and practical application of a body of highly specialized knowledge, and
    * Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry

    A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor's degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.

    We have processed H1B visas for Front Desk managers, food service managers, Chefs, Public Relations specialists, and Lodging Managers as well as other specialized positions.

    The above referenced visas will allow Hotels, Resorts and Restaurants to hire any type of workers needed to support their operations in the US. Hotels often face shortage in skilled labor, a careful usage of the above 7 visas will ensure constant flow of workers. Through our membership in the Global Alliance of Hospitality Attorneys, we will continue to offer our clients superior service.

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    06-18 03:07 PM
    I believe dates open 2 weeks in advance. If you want appointment in Nov check in mid of October. I recently went for stamping in Chennai and experience was smooth.

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