الأربعاء، 15 يونيو 2011

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  • anilkumar0902
    04-10 01:33 PM
    I e-Filed my EAD renewal application on 03/16, sent the docs to Nebraska and it was approved on 04/07. I was not asked to get Fingerprinting for the same.

    Good luck.

    Cheers




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  • Munna Bhai
    01-10 02:46 PM
    I filed my I-140 and I-485 concurrently on July 6th, 2007
    Not sure how long it will take to get I-140 and _-485 approved. My lawyer says I should hang in there and try to be patient.

    My I-140 and I-485 were transferred from Nebraska to California and back to Nebraska in September 2007. September 2007 is the last time that they were transferred, as far as I know.

    When I called the USCIS number, the automatic voice operated system said that if my case is still unapproved afer 180 days from the date of the last transfer, then I should call to speak to a customer representative.

    So I guess I will have to wait to March 2008 before I can get to speak to anyone about my I-140, if it has not been approved by then.

    I am in the EB-3 category.

    bump




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  • rakesh_one
    03-19 11:44 AM
    Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.

    My LCA was approved in July 2007.

    My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

    The USCIS returned the application asking us to re-send the application with a new check.

    My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

    I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

    Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

    All suggestions are highly appreciated.




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  • sathishav
    03-07 09:51 AM
    Once you I140 is approved, you lock the PD. Only time you lose it is, if USCIS cancels it for fraud.

    Else, layoff or revocation does not matter. You just have to start another new PERM again.



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  • gotgc?
    02-03 10:45 AM
    Hi All,

    I am planning to travel to India via London, UK. I am trying to see if it requires a transit Visa.

    I am on H1B/AOS status but without valid visa stamp and travelling with Advance Parole. I have checked the UK Consulate page UK Border Agency | Who is exempt from having to hold a direct airside transit visa? (http://www.ukba.homeoffice.gov.uk/travellingtotheuk/transitthroughtheuk/transitdocuments/exempt/) it mentions that Indian passport holders needs a transit visa but with following exemptions;

    one of them is a a valid Canadian Permanent Resident Card issued on or after 28th June 2002; Since I hold canadian permanent resident card, is it ok I can travel without UK transit Visa through UK? Based on this page, I thought so, but my travel agent said to double check eventhough I have a canadian permanent resident card, I am travelling to and from USA. Has any one done this before - travelled with canadian PR to/from USA through UK? Whom should I confirm with?

    Passengers exempt from the DATV requirement

    Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

    A transit passenger is not required to hold a transit visa if he holds, or a person with whom he arrives in the United Kingdom holds on his behalf:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country for which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country for which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or
    a diplomatic or official passport issued by Vietnam.
    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a valid visa for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998; or a U.S Visa Foil endorsed, "NOT A VISA. FOIL PREPARED AT DHS REQUEST" does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (for example, a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (for example, Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.




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  • ski_dude12
    09-26 06:50 PM
    You can do the following to get your case to be picked up-

    1. Open an service request that your case is beyond normal processing times. However it is very likely that since the visa numbers are over for 2010 you might get a response that no visa numbers available and you will have to wait 30 days before you can open SR again.

    2. Contact local congressman
    3. Send email to SCOPSSCATA@dhs.gov giving your case details.

    Mention in all steps above that there is no update to your case even when 2006 cases are getting approved.

    Hope that helps. Do what you can to ensure that your file is picked up.

    This is disheartening...



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  • vin13
    04-09 02:48 PM
    The employer has to make sure all their employees are legal. For that they may ask the employee to use EAD. they are not obligated to sponsor H1-B.




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  • ita
    01-16 12:05 PM
    While on EAD-AC21 do you know if they compare the salary mentioned on offer letter or the acual W2 amount or is it both to check if it is close to what is mentioned on LC?
    Because the salary on offer letter could be like $15K-$20K/$20K-$30K more than what is mentioned on LC but
    If the W2 reflects not so much difference(like you go on unpaid vacations if possible) then will this be OK?

    Appreciate your advice on this

    Man how many things we have to watch before we do this AC21.I think sometimes I'm thinking/planning too much rather than just taking the jump.

    Thank you.



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  • snathan
    03-27 12:49 AM
    Hello,

    I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

    " An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

    New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

    As i can work only 240 days from my I94 expiry date, i can't work after July 2010
    so am planning to go to India to attend the embassy as soon as possible.

    Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

    Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
    clearance is done. I am in fix what to do??.

    Any help is appreciated.

    Thanks in Advance,
    Satya.

    Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.




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  • stupendousman11
    08-22 01:14 PM
    EB2 India from NC.

    Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.



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  • das0
    06-16 09:50 PM
    InTheMoment,

    Thanks for your thoughts.

    H1B is dual status.

    Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.

    Question is:

    If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?

    I thought EAD (though I-485) and H1b are independent ?

    Pls advise




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  • chanduv23
    12-24 02:25 PM
    Please post your own blog sites here if you have written articles about immigration and have any videos, cartoons, PSA etc....



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  • wandmaker
    08-25 09:39 AM
    Hi,

    My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

    I recently got my 140 receipt notice with receipt date as 24-Jul-08.

    I am wondering is my 140 is filed with in the valid time.
    Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

    pl give me the response.
    Thanks for looking this.

    As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch




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  • waitingmygc
    08-27 10:55 PM
    If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.

    Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.

    Be careful and try some way (as suggested above) to know about your I-140. All the best.



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  • hebron
    06-21 10:58 AM
    Hi Guys,
    Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.

    Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.

    My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.




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  • indyanguy
    07-16 10:42 AM
    IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.


    Interesting. My Labor says
    14) Education BS,
    Years of experience 3

    15) Other Special Requirements "MS + 1year" OR "BS + 3 years".

    I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?



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  • a1b2c3
    12-19 08:41 AM
    If we were not present there would not be jobs for the current american colleagues of ours.

    If Andy Grove was not allowed to immigrate, there would be no Intel in the USA.

    If Sergey Brin was not allowed to immigrate, there would be no Google in the USA.

    If Charles Simonyi and others was not allowed to immigrate, there would be no Xerox Star, no Mac and no Windows in the USA.

    If .. <Add other names here>> there would be no Silicon Valley.

    I and other outsiders have created countless jobs and maintained America's technological superiority.

    ... So I respectfully disagree with your statement about us displacing jobs :)

    - JK

    ok. convince yourself then, that you are all of the above names you just rattled off.




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  • kris04
    11-25 08:06 PM
    Hello,

    I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.

    Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.

    My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
    Will this trigger an RFE?

    Please advise.

    This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


    Good Luck

    HTH

    kris




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  • Euclid
    03-19 12:06 AM
    It did. This does work and I can confirm from experience. Go ahead and all the best.




    dealsnet
    12-28 02:27 PM
    We are watching the processing date from Dec. 14 till yesterday. We did call them. You can see my thread for this matter. They talk about Nov. Date till recently. All of a sudden they come up with this with old date. see the link
    http://immigrationvoice.org/forum/showthread.php?t=16229 (http://http://immigrationvoice.org/forum/showthread.php?t=16229)

    Why did u give a negative marking for that?




    akhilmahajan
    04-11 03:31 PM
    it seems like the IV tracker doesn't update immidiately... i've made a change to my PD as i had put a slightly wrong date... but the update hasn't kicked in as yet.

    thanks for pointing out.
    Will make a note of this too.



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