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  • Alabaman
    09-14 03:22 PM
    I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.

    I was thinking the same way; because I am no different.

    Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.

    I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.

    I thought I will just share my ideas so that atleast some of the people will be happier.


    So what are your ideas?





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  • chtting2me
    10-10 06:04 PM
    I opened this thread to know any one working with everest techologies "www.everesttechinc.com" . basically to know how they are treating other employers. Looks like no work is working with them.





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  • sam_hoosier
    01-04 05:09 PM
    Maybe he can come under asylum or refugee status; after all he also probably has two mother-in-laws there and that should qualify. One is bad enough, but TWO?

    Its hard to maintain such a situation (http://www.imdb.com/title/tt0205968/), he will have to make a call and decide on a winner (http://www.imdb.com/title/tt0207341/).

    :D:D:D





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  • qvadis
    12-29 12:14 AM
    Being on the other side (EB3-ROW) I read the law a bit differently ;-)

    In short:

    - INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
    - INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
    - INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
    - INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.

    INA 202 (a) (5)
    If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


    I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.

    INA 203 (b) (3) (EB3)
    [...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]


    The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.

    So, the allottment should work as follows:

    Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.




    Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]

    INA 202 (a) (3)

    Therefore, the 7% country cap had always been �soft� till year 2000.

    (*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)



    I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�

    Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:

    [I]INA 202 (e)
    If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
    (1)
    the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);



    After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.


    I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.



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  • ssnd03
    12-03 04:36 PM
    I guess it is just hard to be optimistic with USCIS, FBI processes

    ...and may I know what is bad in this ?!

    I would say this is definitely good as 1.) They have acknowledged the issue AND 2.) acted upon it.

    We will know the veracity of their actions as more people report of their NC getting cleared over the next few months.

    I think (1) in the statement made by USCIS refers to "DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within six months" source: AILA Infonet





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  • sparky_jones
    07-02 04:07 PM
    Medicals : $450 (self + spouse)
    Photographs: $25
    Affidavits: $20
    Printing/Copying/Faxing: $30
    FedEx: $60
    Lawyer's Fee: $2,700

    Total: $ 3,285

    Of course, plenty of time, effort and anxiety. May all the USCIS and DOS people responsible for this debacle rot in hell. Amen!



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  • sledge_hammer
    02-27 06:19 PM
    One more time - Why don't you explain to everyone how is telling the OP that we do not condone taking or selling drugs something of a personal opinion? And how is it like "shoving personal moral" on someone's face?

    You have managed to dodge this question for a long time now. You have gone over all my other threads and what I have and have not done in those threads except provide me with an anwer to the above question. When will you learn to provide an explanation backing up your opinion and comment? How old do you have to be, to be able to substantiate your argument with valid reasons?

    You are not skilled nor are you intelligent!

    I am not answerable to an anonymous "internet toughie" who picks up fights on forums. it's evident that your understanding of the tonality in a professional response vis a vis a personal one is impaired albeit imponderable.

    I shall not waste my time "coaching" the same.

    [B]"then we all know who the real immature person is"

    After your fiasco with Kumar, doesn't this whole forum apart from a few thousand scandalized visitors know who really enthrones "immaturity" here?

    With this i end my diatribe with you mr internet toughie aka sledgehammer. lol





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  • drsnh123
    06-19 03:02 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions



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  • downthedrain
    02-13 01:24 PM
    got LUD on 1/29, 1/30 RFE send, 2/10 RFE evidence received, 2/11





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  • getgreensoon
    01-25 03:28 PM
    Full Disclosure.. I am an Indian

    Very glad to see that these people have been caught by the law enforcement agents. These are the people who care candidates for EB1 category for greencards. As most of these join the fake IT bodyshops and show multinational executive experience on their resume. This is not the only university where you see people from Andhra Pradesh misusing law, there are many universities in the same business. I hope to see more enforement like this. I wish the USCIS and other related agencies crack down on the misuse of credential in the greencard process. Most of the IT people with fake experience and reporting structure should be punished for violating law and legitimate people with US education should get their right place in the waiting list.

    My wife is on H4 visa and looking for opportunities. She gets calls from all these consultant who ask her to get on to F1 visa at some community college and then use CPT/OPT for working on their projects.....when i came to this country to study at a top ranked university, i thought F1 visa is for higher education...now it is used in community colleges. New learning everyday!!

    Hope to see more crackdowns .....



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  • jonty_11
    07-31 11:01 AM
    http://immigrationvoice.org/forum/showthread.php?t=5814
    Thx a Lot...





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  • lazycis
    12-03 04:39 PM
    I guess Michael Cannon was right after all. He did not promise any improvements regarding name check situation until 2010... Let's hope the court system will continue to put pressure on the USCIS/FBI.



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  • bidhanc
    12-22 03:29 PM
    Sorry partner, I was just sharing info.
    Did not mean to imply you were wrong in any way. :-)

    I merely posted what was on their website. Don't shoot the messenger....





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  • mpadapa
    05-13 08:35 AM
    Here is a website where you can find your congressmen and senators
    http://www.visi.com/juan/congress/
    Key in your full zipcode (5+4)
    Also you can find house representatives at http://www.house.gov/
    and Senators at http://www.senate.gov/

    Do find your nearest lawmakers office from the lawmakers website

    software7,

    would you please let me know in detail how you approached congress men and senators?
    How did you get their addresses and contact numbers? I am also in the similar situation.



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  • gccube
    09-09 02:27 PM
    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.


    "You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?





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  • rockstart
    04-21 03:13 PM
    Trust me there is no way you can sell a diploma as equivalent to degree program. I mean all people can do is if they have 3 Yr BSc + 2 Yr MSc they can hope that CIS accepts it as equal to 4 Yr BS degree. I have seen cases of AMIE candidates rejected stating that US does not recognize AMIE. Now in these two cases atleast their home countries recognize their degrees, In your case India govt will also classify you as diploma holder and not degree holder. Also how can you add 1st year BCom with Hotel Management diploma I mean they are 2 completely different streams?

    Here is a solution that I would have done if I was in your shoes. If you have enough time on your H1 then please enroll into a community college or University and try to get a US bachelor degree. I am sure your diploma will help you to get waiver for some courses so that will save time. Also taking evening classes will let you keep your current job. I know it is tough but that is pretty much the best alternative you have. USCIS has clearly stated that your diploma is not equivalent to US degree. I mean even the best evaluation agency can do is compare India degree program to US degree program how can you compare diploma to degree


    HI

    The minimum educational requirement for the diploma was 10+2. However I did 1st year of BCom out of choice before enrolling in the 3 year diploma. The diploma was for hotel management from a Govt Funded/recognized institute with nationwide entrance tests. DOnt know their acceptance rates but it falls under the umbrella of the Ministry of Tourism.

    I think in the denial letter the officer is accepting that I have an equivalent of a bachelors degree but is still denying it. My attorney thinks that he might be mistaken & might have processed the case as EB2 instead of EB3.



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  • pappu
    06-17 10:02 AM
    Thank you for taking this initiative





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  • continuedProgress
    12-28 10:44 AM
    As far as I know, n2b you are home free!





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  • TomPlate
    02-28 01:59 PM
    thank you Lazyciz





    drona
    08-28 04:40 PM
    Glad to have you on board! Please spread the word. Let's all make an extra effort for this rally.





    sukhyani
    04-18 04:43 PM
    I will take it :D
    In that case, at least you will have your EAD and AP and can change your blood sucking deshi consulting company after 180 days and can peruse better employment opportunities.

    I dont know how to do it therefore asking, can someone start a poll to see how many of our members became eligible for file for I485 after this movement in Visa numbers?



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