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Saturday, June 11, 2011

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  • gc_maine2
    07-27 10:43 AM
    Since i have left it blank and realized later, i called my lawyer and found out that its not a problem we can leave it blank. Hope she is correct.

    Thanks





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  • nozerd
    12-17 09:18 PM
    Yup, same here. 7 yrs 5 months and waiting.

    Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.

    Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.

    Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).





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  • namm80
    10-02 12:20 AM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

    This is bad advice. Search other forums (Murthy etc) - i've seen similar threads where some smarta$$es tried stop payment and USCIS sent the unpaid application fee to collection agencies.

    I would strongly advise you against doing this--Filing a 2nd I-485 application was a misinformed and stupid decision - consult a lawyer before you make your situation more confusing.





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  • kothuri
    07-27 09:54 AM
    All,

    I sent out my application to USCIS last week and while talking to a friend I realized that I had not filled the Item

    "If your native alphabet is in other than Roman letters, write your name in your native alphabet below:"

    I neither filled it with my native alphabet nor filled it with a "N/A" Even my lawyer has not detected this.

    Is this going to be an issue? What will the USCIS do about it? Since I still have time does it make sense to send a revised form? Is some one out there who have done this?

    Please let me know

    Thanks
    -Sri



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  • reachinus
    07-14 12:21 PM
    i don't know if its an EB 485, but even FB are very backloged.





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  • sagar_nyc
    04-02 05:17 PM
    yes , I 140 they will ask details about employer only

    Hi Chapsi29,

    Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.

    RK



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  • nonimmi
    02-20 04:23 PM
    Guys,

    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation

    http://immigration.lawyers.com/ask-a-lawyer/AC21-Change-Of-Employers-5713.html





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  • sanjay
    07-07 08:09 PM
    mbawa,

    We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.

    IV Team


    I will appreciate your action.



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  • northedman
    02-21 01:23 AM
    Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.





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  • Berkeleybee
    05-31 02:56 PM
    berkeleybee,

    this is a good idea. Can you send me the text of the email you drafted? I would like to send it out to my sponsoring employer's HR manager and have the word spread. Please post the draft or PM it to me.

    thanks.

    QT,

    I sent the email out in Jan and much has changed since then.

    I updated the text of Email Sample Format 2 in our resources section to reflect current developments. You could personalize that and use it instead.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36

    Thanks for your support,

    best,
    Berkeleybee



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  • yabadaba
    06-20 09:23 AM
    take a photo of yourself with a digital camera....go to epassportphoto.com upload the photo and crop it...save the output jpeg and upload to walgreens. Print from there

    total cost 19 cents





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  • LONGGCQUE
    05-16 09:42 AM
    what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.

    +++++++++
    Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:

    �8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�


    The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:

    �In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�


    The following, also from the FAM, is typical advice regarding an unregistered marriage:

    �If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�


    Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
    +++++++++



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  • gcdreamer05
    11-18 02:11 PM
    May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D





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  • sudiptasarkar
    11-06 08:38 AM
    Hi,
    How much time did they give you for responding to the RFE?
    Also any one has a sample of the affidavit?

    Thanks



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  • h1techSlave
    10-04 12:42 PM
    I am having some trouble understanding it. In 2010, they have only allocated 2400 visas to China EB3? That is a wastage of 3300-2400 = 900 visas ??

    Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.





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  • smaram1
    08-14 02:23 PM
    ^^



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  • InTheMoment
    08-17 10:19 AM
    That is unfortunate. I hope everything gets taken care for you and you get the receipts.

    When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.

    I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.

    I called the doctor’s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn’t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn’t get rejected due to this; no checks cashed as of today.

    My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.

    Anyone else in the same boat? Is this something to worry about? See signature for more info...





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  • jscris
    July 18th, 2004, 10:43 AM
    Nice! I think I like the second better, too.





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  • purgan
    11-17 10:37 AM
    jonty 11....what "secret" are you talkin about...

    All the people who oppose SKILL, the anti-immigrationists, the protectionists, etc all know of the lobbying and are actively opposing it (while keeping their focus on next year's Amnesty bill too)...





    GCA
    05-18 06:04 PM
    Since the queue for EB3 India is very long, and if many EB3 India people change over to EB2, that will slow down EB2 India and this is what the May 2011 Visa Bulletin also says.
    But shouldnt this make EB3 India go faster?
    Then why do we see slow movement in EB3 India?

    EB3 is currently in mid 2002. All EB3 filers till 2003 and may be early 2004 have waited enough and don't want to port at this time. till mid 2003, most of them received the GC during 2007 From my perspective, I don't even care if it ever comes. Couple of more years on EAD and I am set to go back. Having said that, I will still take the gc anytime it comes and if comes:). Just not after it.

    EB3 to EB2 porting is more done by filers from 2004 thru' 2007 and for a good reason too. ( they will not get in a decade if they stay in EB3 unless recapture or other bills goes thru').

    So to answer the question, porting will not easy the traffic until the date moves to end of 2003, then you can see some improvement as some of the original EB3's have made a smart choice and probably weree citizens by then.





    Blog Feeds
    11-19 03:01 AM
    Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:


    Computerworld is reporting that USCIS will conduct 25000 H-1B raids up from 5191 last year.

    For more details on what the CIS is looking for in these raids please refer to two of my previous blogs.

    Two of my clients were "raided" and another one had somebody visit the beneficiary's job site.

    In all these cases the officer did not ask for any documents. They seemed satisfied that the job location site actually existed, and that the beneficiary actually worked there. Beneficiaries were not questioned extensively at all.

    According to the Computerworld article the USCIS found "various problems including fraud" in nearly one in five H-1B applications last year.

    Yes it is important to combat fraud. But much of the fraud is because the USCIS (as does the DOL) does not accept the reality of workplace situations. In the IT business the end user usually contracts with someone, who then contracts with someone else to get the employee. For instance, Computer consulting Company A has an individual ready to work. Computer Consulting Company A has a contract with Consulting Company B. Consulting Company B has an agreement with say Megacorp C to perform the work. So A contracts the employee to B who then place him at C. The CIS holds that Company A cannot petition for the beneficiary, since Company A will not control the beneficiary and hence is not the proper employer. Company B is.

    Why should control of a professional matter? Do professionals with at least a Bachelor's Degree need control? Why cant the CIS look into the reality of workplace situations?

    Instead the Government is using the $500 fraud fee that it collects from Employers filing for H-1b to hire workers who does not understand the complexities of the problem to act as policeman and visit sites.

    Also in keeping with this fraud finding, the CIS gives out ridiculous "requests for evidence" (RFE) to small employers. They need everything under the kitchen sink. The Company's taxes, wage report, pictures, type of toilet tissue they use, coffee maker's name. I only wish I was kidding.

    All this only discourages small businesses, the backbone of the US economy from filing H-1B petitions. Yet look at this year. From April 01 to November 13, only 55,600 applications have been filed. Is this not proof that the marketplace takes care of the filings, and that most employers do not file false petitions?

    And lets face it, no small employer can afford just the government fees of $1570/- per H-1B candidate, not to mention attorney's fees unless they really want the foreign employee. So these employees are NOT taking US jobs, much as the democrats like to think. And true to the democratic principal, there are no more fraud investigations on family based immigration like "paper marriages", which are far more dangerous than simply not allowing H-1Bs who don't have contracts with end users not to file.

    Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-7403958893559959230?l=usimmigrationmatters.blogspo t.com


    More... (http://usimmigrationmatters.blogspot.com/2009/11/h-1b-site-raids-revisited.html)



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