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  • INSpector
    08-13 11:46 AM
    Respectfully, I domnt think the info is right...





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  • hoolahoous
    03-11 07:07 PM
    please do report the outcome.





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  • adibhatla
    04-01 06:04 PM
    In your denial letter you must have gotten explanation as to why this is a straight denial instead of RFE.

    The letter clearly states "Form I-485 states you must submit initial evidence with your application. Initial evidence includes: criminal history, birth certificate, copy of passport, photos, biometrics, police clearances, medical examination, Form G-325A Biographic Information Sheets, Affidavit of Support/Employment Letter, evidence of eligibility and derivative status eligilibity.

    In my case the I485 was denied on the grounds of missing G325A biographic information sheets, but in reality I had applied it with the 485 forms.

    And as you can see from their explanation there is no way except to raise an MTR before the commissioner.

    I strongly suspect that there is no way we can track on the above forms/documentation. The USCIS is playing dirty games of minting money from us. If you see the other forms such as EAD, AP, I485, I140 all have a SRC no. associated to them, these additional documentation can be shredded in their offices and there is not a way to prove our point that we indeed applied them together with the I485.

    The only option is to go with the MTR and hope for the best.

    By the way my MTR was approved approximately 6 weeks after I applied the MTR but haven't still gotten the approval notice. Waiting on it.

    I will you good luck.



    Gurus,

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.

    thanks,





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  • gc_on_demand
    08-03 10:46 AM
    See my new Signature..



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  • pappu
    12-26 09:34 AM
    Hi,

    I stumbled across this thread and this seems to be a great initiative that is managed professionally.

    I browsed though the IV website and forums and have few questions regarding who IV is representing among the employment based immigrants:

    1. I've a 3 yrs baccalaureate degree from India and have filed GC in EB3 category. How do IV initiatives helps me?

    2. My friend have 4yr engineering degree from India and have filed GC in EB3 category. How do IV initiatives helps him?

    3. My boss has Masters Degree from India and has 10 yr of experience. He filed his GC in EB2 category. Is IV for him?

    4. One of my colleagues has just graduated from an US university and he filed his GC this year in EB3 category. Is IV for him?

    5. My other colleague has completed his MS from an US university and he filed his GC in EB2 category. IS IV for him?

    I would appreciate if someone can answer the above questions.

    Thanks,
    IB

    Thank you for joining IV.
    IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.

    You can get all the information from our website and know about the problems people face during the greencard process from
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25

    and how we are working to solve those problems

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54





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  • rkp27
    07-11 12:02 PM
    Hello friends,

    My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

    What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

    Appriciate your thoughts...



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  • busy
    03-09 12:01 AM
    Thank you RoseBall for your response. Definitely will do. One thing I want to emphasise. I'm sure rejection happened in Feb/October 2007 due to some other reason. Because USCIS did not ask for my either past employment history or paystubs.Do you have any idea of any grace period like 30 days after H1B expiration date to file for extension?





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  • Ramba
    06-18 06:15 PM
    485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.

    Here is the list I sent long time back.

    I-485 form
    Attachements:

    1. 140 approval notice
    2. Offer letter.
    3. Fee
    These three are very important.
    3. 4 biographic pages
    4.Medical cover.
    5. Latest I-94
    6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
    7. Bio-graphic and visa pages of old and new passport.
    8. Birht certificate.


    Dependent and Child.

    All the 3 to 8.
    1.I-134 (sponsership)
    2. Bank statemnet (no tax or w2 forms, not needed)
    3. Marrage certificate.

    Thats all.

    got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.



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  • Indiaxyz
    03-27 05:41 PM
    Hi iyera,

    As per my immig. atty it takes between 2-3 months for the h1 to h4 processing. Unfortunately there is no premium processing for h4 unless you piggy back it with an h1 processing. Hope this helps.





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  • goel_ar
    05-01 09:29 AM
    I just got my Labor approved (PD - 2/22/2008) . Attorneys are working on filing I-140.

    1. Shall I wait for I-140 PP to re-instate or go ahead with normal processing?
    2. Is there 'ANY' chance that my PD will be current before I get I-140 approval when filed through normal processing?

    Thanks,
    Ag



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  • Kitiara
    10-25 04:42 AM
    Ahhh, what a great game that was.





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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.



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  • pappu
    05-17 11:17 PM
    what genearally happens after fingerprinting

    Test of your patience :)





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  • delhirocks
    06-29 12:55 PM
    My documents will reach attorney on Monday and he promised to file before July4.

    Good lawyer...mine is taking 6-7 business days after submission atleast. Though, I did not fill any forms, I filled a questionairre and she will use that to fill the forms, that might delay things a little.



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  • sac-r-ten
    03-03 10:28 AM
    Congratulations and thanks for sharing.





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  • DSLStart
    09-30 03:30 PM
    If your last FP was more than 15 months ago, then write to local congressman, that usually works.

    how would you know if you have to get your FP done again...would you get an RFE or something like that?



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  • dhirajs98
    08-18 02:18 PM
    sorry to break the bad news to you,but this usually means a denial. My I 140 was approved recently, the online status cleared said it's approved. I read many posts on this forum who had the same online status as yours and their I 140's were denied.

    Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.





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  • sdrblr
    11-01 10:07 PM
    You do NOT need a mexican visa for Indian citizens if you satisfy the below

    1) Stay less than 72 hrs
    2) stay with in 40 km from the US border

    Get a Mexican Permit (alternate to a visa)... Permit is just a piece of paper, the Mexican immigration officer do not even stamp your passport with an entry stamp. I had been to Mexico to get my US visa stamped and I never got a mexican visa.

    Hope this helps.


    Do you need Mexican visa? Depends on the passport you hold, I believe nationals of some countries dont need the visa. There is one online blog by an Indian who went without the visa (to a bordering city), even though India does not have visa exemption -- he says that the visa is not strictly enforced.



    The blog also states that you can ask for I94 at the port of entry. Please google for the blog.


    Edit: This is the blog http://tijuanatrip.blogspot.com/





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  • mariano
    07-29 03:54 AM
    Hi!

    My employer has changed the conditions of my employment since we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

    Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

    Please advise. Thank you!

    Hi!

    My employer has changed the conditions of my employment after we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

    Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

    Please advise. Thank you!





    cbpds
    04-28 01:13 PM
    It now seems that Reid will go ahead with the climate bill instead, guess they may have border security in place before looking into the Immig bill.





    Lasantha
    03-18 04:10 PM
    Welcome to IV. Wish I could help you but I don't have a clue about marriage based GC applications. Infact majority of the people here are on the Employment Based GC path but I hope someone can show you the path.

    In the meantime also try these forums.

    http://britishexpats.com/forum/forumdisplay.php?f=34

    http://groups.google.com/group/misc.immigration.usa/topics

    They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.

    Best of luck and congratulations !!!:cool:


    I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!

    We both will be in the US during this process.

    Me > :confused:
    My Wife > :(

    Here is our current situation:

    1. I've been back and forth to Thailand for better part of three years for tsunami relief.

    2. Met my wife doing relief work.

    3. She applied for visitor visa at US Embassy in Bangkok March 2007.

    4. Came first time to US May 2007

    5. Married in California in July 2007 (had not intended to, but we fell in love!)

    6. Returned to Thailand Sept 2007

    7. Returned to US (together) Dec 2007 and are here now (March 2008)

    8. Have filled out forms:


    I-130 Petition for Alien Relative
    I-485 Permanent Res/Adjust Status
    I-325A Bio for each of us
    I-134 Affidavit of Support
    I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?


    I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?

    Please get me going on this and then I can stop pulling my hair out.

    I discoverd this forum today and am so happy I've found it! :D



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