Sunday, June 12, 2011

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  • Keeme
    03-06 04:52 PM
    Congrats everyone getting soft LUDs

    Don't waste your energy ! You have long way to go !




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  • hebbar77
    06-11 01:25 PM
    I agree GC makes a difference. If anyone as EAD thats as good as GC subject to your primany job not changing. So why not do side -business on EAD while your primary job is ON. Take it easy at job, dont overwork because without GC rarely people get promoted, if they are not extra-ordinary!

    Going to XYZ place because of no GC does not make sense. If you have potential you can use it here on EAD not necessarily in another country!




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  • kevinkris
    09-11 08:09 PM
    I am IN.
    Flowers are fine.
    But may be we should send only few calculators and backward running clocks.
    Say, for example 1000 flowers and only 100 calculators and clocks.

    What you say?




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  • desi485
    03-17 07:26 PM
    Which part says that you are not eligible? Please elaborate.

    both husband-wife should have SSN.

    what about july filers. Most have received SSN for H4 by now.

    those who already filed using ITIN might be at loss.



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  • susie
    07-15 11:19 AM
    APPENDIX: REFORM SOLUTIONS

    The Need for a Compassionate Visa

    A compassionate visa is immediately required for reasons of humanity and dignity. Currently, because of the technicalities of US immigration laws many families torn apart are also subject to more degrading treatment at times of severe illness. Any provision should allow for the following:

    * US residents, including those who are landlocked, to leave the USA for any necessary period for compassionate reasons;
    * Non-US residents to enter the USA for any necessary period for compassionate reasons on a nonimmigrant basis;
    * Evidence of immigrant intent should not prevent a person receiving a compassionate visa (such as an existing immigrant petition), unless an applicant makes it absolutely clear their intention is to immigrate and not to enter the USA on a temporary basis;
    * To prevent abuse of such a visa, documentary evidence should be required as appropriate to ensure the application is made in good faith; and
    * Compassionate visa processing should be dealt with the USCIS for US residents and in the consular office for non-US residents on an expedited basis if the imminent death of a close relative or funeral arrangements for a deceased relative is at issue.

    INA, section 203(h) (as inserted by the Child States Protection Act, section 3) (8 U.S.C.1153(h))

    Current Provision in INA, section 203(h)

    �RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
    (1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

    (A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by
    (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

    (2) PETITIONS DESCRIBED- The petition described in this paragraph is--

    (A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or
    (B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

    (3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.''

    Explanation

    The references to �(a)(2)(A)� refers to principal beneficiaries and �(d)� refers to derivative beneficiaries. Subsection (1) provides a calculation to be considered a child under the family-based preference categories in light of USCIS processing delays. Subsection (2) describes the types of petition covered, ensuring beneficiaries, whether principal or derivative, are treated as a child under 21. Subsection (3) is another useful provision so that if the calculation of a beneficiary renders them over 21, they can retain the priority date of the original petition.

    Problems

    The language of this provision has rendered the provision open to ambiguity. Specifically, subsection (3) states the �alien�s petition shall be automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.� The problem is in relation to a derivative beneficiary (which is covered by this subsection) and is twofold. First, by its nature of being a derivative, a derivative beneficiary does not have an original application to speak of. Only the parent has a petition, which has caused the ambiguity. A Board of Immigration (BIA) decision did provide a common sense interpretation (Garcia, Maria T, File A79-001-587, June 16, 2006), but this is not binding on the USCIS and we know first hand that the USCIS has not consistently interpreted the provision in accordance with the BIA decision. Second, although the above mentioned BIA decision clarifies the provision also applies to F4 derivative beneficiaries, these petitions do not automatically convert. An F4 derivative beneficiary who ages still must wait for their Parent to file a new I-130 form, which is inconsistent with the language of the provision.

    Another problem is if the new proposed points system is implemented, any person who ages out will no longer have a direct basis for immigration. Instead they would have to qualify under a points system, which is not guaranteed. This new system would make the above provisions redundant.

    Solutions




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  • samrat_bhargava_vihari
    04-27 02:47 PM
    I have my sister in law from India on H4. She got married after her husband got his 797B approved and so she does not have her own 797C. The DMV wants her own 797C approval notice to give her a temporary drivers license. How does she get that? Can she file some petition with USCIS to get it?

    Normally they need 2 kind of identification cards to make sure you are the right person. For H1 people it would be their passport/Visa/I-797/SSN etc.
    For H4 it would be his/her passport and visa makes two identifications, but some people consider it as just one identification so try with marriage certificate or Indian driving license. Some people will have different last name in marriage certificate and passport who need to provide some additional documents which are in DMV list. They accept documents only which are in their list.



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  • Marphad
    07-06 02:41 PM
    Not that I say we need change, but this is a public organization. Everyone has a right to call for election. There is nothing wrong.

    Only issue is, whoever wants to contest has to come out with public profile as mentioned by someone before. There are only few people who are openly public and with known real identity on this forum - thats sad!

    I am surprised to see that IV has 450K asset! Where did that number come from?

    I checked 2007 return and it has only 100K asset. I am not sure we accumulated 350K since then. I think you got confused with revenue vs. cash on hand / asset.




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  • kevinkris
    09-12 05:13 PM
    Hi All,

    Lots of people agreeing.
    singhsa3, since you started it, finalize on what we all need to do.

    Thanks



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  • ssarathk
    09-11 09:06 PM
    Thanks a lot for the great efforts IV is putting to resolve this crucial matter which will make "American dream" come true for a lot of people including me.

    I will surely attend the DC rally.

    Thanks again!




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  • conchshell
    08-13 03:20 PM
    From Sept 2008 visa bulletin: "The Mexico F2A and Employment Third preference cut-off dates are “unavailable” for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September."

    I think we must do something for EB3 category. BTW when is congress coming back from recess? Can we do something on the visa recapture bill??



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  • polapragada
    09-14 05:36 PM
    Looks like some people will need to get their PhD awards 'overturned'!

    Gctest, Pallavi79 etc present a faulty hypothesis and case to mask and promote their myopic self-interests.

    e.g. "Eb2 people are highly qualified compared to EB3" - Nowhere in US immigration-based legislation do we find such support for such a categorical assertion.

    EB categories are EMPLOYMENT BASED - simply put, the requirements of the job determine EB category. Not whether one is smarter than the other.

    There is another 10+ page thread on this very topic where this issue has been examined threadbare. Based on current law there is nothing illegal in this porting practice. Also, there is no place for 'ethical' categorization in the letter of the law.

    Porting is a legally supported practice which is tied to LABOR and JOB requirements, not to one's esteemed sense of self worth.

    There are numerous BUSINESS reasons why EB3 to EB2 porting is allowed. Why not focus on other forms of irrational immigration practice like the 7% quotas which amount to discrimination based on national origin?
    Please read my above post you might get an answer




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  • smuggymba
    08-12 12:51 PM
    Imagine what would have happened if they put a fraud fee to every employer caught employing an undocumented. It would have helped reduce undocumented crossing and employed by US employers but also used the same money from fraud penalty to secure the borders.

    On the money Pappu. Why not charge employers who employ un-documented....instead of 600 million, US might get 6 billion.



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  • kumar4875
    09-07 02:47 PM
    came to USA in jan 1999
    started GC process in sept 2002 after 2001 recession
    hanged on the small employer to keep the priority date
    I140 is denied becuase he is irregular with the tax returns etc. during jul2008.$15000 drained.:mad:
    applied with another employer in dec2008 in EB3 as he denied to file in Eb2.

    thinking about relocating to India now.




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  • sandy_77
    06-24 03:17 PM
    I suggest that you write at least two articles. First one should focus on our problems and costs involved at each stage for the current 5-7 years waiting period. A lot of guys out there against immigration do not currently know exactly how tuff it is these days to get a visa and come to US. Just imagine if somebody came to US on a student loan and was not able to get a job because of these visa problems as has started to happen over the last couple of years, how much financial burden he will have and how long it will take him to pay off these loans. explain how visa applicants are harassed buy the consulates, USCIS/DHS/DOS, lawyers, employers just because they can. Had everyone who came to US to study or work on his/her own merit been given a green card like visa as and when they wanted it, he/she would not be exploited, they would compete with any american citizen for a better pay (taking away the argument from the anti-immigrants that we are displacing the citizens by being underpaid). This I think would have taken away the argument that we are over populating the US or that we are immigrants for ever (not assimilating in the mainstream) because then we would be part of the mainstream and those who do not want to live in US forever (a significant number of people...leading to reduced immigration) could go back when they wanted. Look for all the problems we have to face on a day-to-day basis and ask whether we are asking more than some basic human rights and are we wrong in asking for these rights. Isn't it also one form of injustice when we are paying for medicare/social security without getting any benefits? Isn't it injustice when we cannot progress in our careers when we are stuck in this endless and ever increasing GC delays? Isn't it injustice when we are equated with the illegal immigrants? Isn't it injustice when we are asked to renew our status by paying ever increasing fees and endless documentation when there is no need unless one has left the country on his own and wishes to return? Does the country really need skilled immigrants and if it does why can't it allow them to live with some basic human rights and dignity. By denying the new immigrants these rights, dignity is the US promoting new-age slavery and forcing even the legal immigrants into shadows and back alleys of the society? Explore why some legal immigrants have to resort to illegal status (school going kids, family life, friends...age at which they migrate changes their social circle) when they cannot stay in status by legal means.

    Once you have explored and educated your article readers about our situation, they will have a better understanding of what we are requesting the US govt is lot illegitimate and may even encourage some illegal immigrants into going the legal way.



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  • nivasch
    03-09 12:40 PM
    indio0617,
    Still the meeting is going on?
    Sorry to ask this Q?




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  • gc_on_demand
    12-10 04:38 PM
    HOW IS THE PER-COUNTRY LIMIT CALCULATED?

    Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

    - The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

    - INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

    WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

    Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

    WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

    Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.


    In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?

    State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.

    In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.



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  • India_USA
    12-16 09:07 AM
    Glad to know things are improving on this front :)




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  • hebron
    10-22 10:50 AM
    I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).

    I sent you private message. Could you please take a look?




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  • wellwisher02
    03-31 10:46 AM
    In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...

    We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.

    Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.




    inspectorfox
    09-14 06:45 AM
    I don't agree with your opinion on blocking anyone from interfiling. You have a choice to file in any EB category. Share the reason why you filed EB3 instead of EB1? Grow some balls you efin crybaby!




    rockstart
    03-09 11:41 AM
    Between July & August do you think it will cross 1.5 years taking all of 2006 & half of 2007 applications? Considering VdlRao's data which is 70K applications pending for 2006 I am not sure it will work thought I am still hopeful that 2005 will pass quickly since there are few PERM applications.



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