Wednesday, June 15, 2011

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  • raysaikat
    10-10 05:58 PM
    Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!

    There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.

    At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.

    You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.




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  • serg
    07-29 12:48 AM
    The 'Country of Birth' poll shows the same 43% :)




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  • sidm
    03-29 07:34 PM
    ^^Who do we contact ....?
    Anyways, it looks like it will be very difficult to do this for people who were forced back into Universities - to do this the current I-20 must be invalidated and a new one issued by the original institution from which the candidate graduated and got the OPT
    Any ideas....?:confused:

    Anyway there still might be some hope in the H1 lottery....




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  • jthomas
    03-25 10:56 AM
    Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits

    1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
    2. Don't send RFE to those in EAD during the this time of recession.



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  • sanju_dba
    09-29 01:47 PM
    While leaving India is there any place we can declare saying this gold we are taking out of india.
    This way when we enter back in india , we can show evidence that the gold was purchased in india itself and no hassels from customs.




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  • freddy22
    07-13 11:07 PM
    My son 18 and a green card holder since december 2005 - entered the US legally in 1999 lives with me his father - mother in other country - no ties to other country - UK:
    He has a sister here - and me and other family members:

    He was involved with taking snow mobiles last december and charged with midemeanors reduced from felonys - 2 felonys reduced on plea bargain:
    He was sentanced to 3 years probation, and some days per week in jail which he served but is still on probation:

    He picked up another charge when entering a friends house and was with another person who stole two items - a laptop and a wii - he was charged with burglary in 2nd class C felony - we have a attourney and hopefully can get it reduced to a misdemeanor:

    He is currently in jail on $25,000 bail:
    He appears in court on wednesday - we will ask for a bail reduction:
    Obviously a violation of probation is filed and he has this new charge and the old charges he was put on probation for now hanging over him:

    This kid was mixing with the wrong crowd and I need to get him away from that and will ask the judge to send him to boot camp where he will learn discipline, responsibility and grow up:

    My questions are:

    would he be depostable or would he face any involvement regarding immigration?

    If his charges are misdemeanors including this felony reduced to a misdemeanor - meaning never having been convicted of a felony - does this constitute removal proceedings or involvement in possible deportation?

    Your advice would be greatly appreciated



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  • sss9i
    11-16 01:22 AM
    I will join and I am from Phoenix.




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  • centaur
    07-28 04:18 PM
    :)

    One more expert...:D



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  • shreekhand
    08-03 12:39 AM
    Well...most of the applications who applied for I-485 before retrogression hit in 2005 are already approved. So actually we are not seeing an effect of those applications.

    What we are witnessing is the effect of all those who could not apply for I-485 from early 2001 till now because of the combined effect of retrogression and BEC! And as if that was not enough all those with PD's up until July 31, 2007 are applying (good for them) but making matters even difficult!!!



    We are now seeing the effects of all those applications. Does this make any sense. It's some interesting pattern but I am not completely able to analyze the situation. Any inputs??




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  • tinku01
    07-17 10:33 AM
    I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/



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  • anu_t
    06-16 01:11 AM
    http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.View&PressRelease_id=5428


    GRASSLEY CONTINUES WORK TO CLOSE H-1B AND L VISA LOOPHOLES





    WASHINGTON -- Senators Chuck Grassley and Dick Durbin today continued their quest to ensure that American workers are protected, and that companies who bring in foreign workers are complying with the law.



    The Senators today sent a letter to Emilio Gonzalez, the director of the U.S. Citizenship and Immigration Services, asking more questions about how the agency is addressing fraud and abuse in the H-1B visa program.



    Earlier this month, the Senators sent letters to the top 9 foreign-owned companies to determine the companies' usage of H-1B visas. Today's letter comes on the heels of responses received from several of the foreign companies.



    "From the responses we've received thus far, it�s evident that American workers are in the minority at these companies. I expect Citizenship and Immigration Services to take a hard look at their recruiting methods to make sure they are complying with the law," Grassley said. "We cannot just increase the annual allocation of visas without understanding how companies are using them."



    "We've begun to question how many companies are complying with H-1B visa requirements," Durbin said. "I look forward to hearing back from Director Gonzalez on what the government is doing to enforce the law."



    At this time, Grassley and Durbin will not be releasing the information received from the companies.



    Here is a copy of the letter to Gonzalez.



    June 13, 2007



    The Honorable Emilio T. Gonzalez

    Director

    U.S. Citizenship and Immigration Services

    20 Massachusetts Avenue, NW

    Washington, DC 20529



    Dear Director Gonzalez:



    Recently, we asked the foreign-based companies who obtain the most H-1B visas to answer questions regarding their workforce, wages, recruitment efforts, and usage of H-1B visas in the United States. Our letters were intended to learn more about how some companies are using the H-1B visa program. We remain concerned that the H-1B and L visa programs are facilitating the displacement of Americans by cheaper foreign workers. We continue our effort to understand how the H-1B and L visa programs are being used by U.S. and foreign-based companies, and therefore request that you provide details related to these programs.



    Under current law, H-1B-dependent employers are required to attest that they have not displaced comparable workers in the United States before hiring a foreign worker. They must also make a good faith effort to recruit Americans first.



    The responses to our letters to foreign-based H-1B users have led us to question how many companies are currently defined as H-1B-dependent, and if these employers who depend on H-1B visa holders are being adequately monitored for compliance with H-1B program requirements. While we understand that the Department of Labor has primary jurisdiction over H-1B dependent employers, we would like to understand your agency�s role in ensuring compliance with laws regarding displacement and recruitment.



    We have also become concerned about the use of L visas by companies who also use large numbers of H-1B visas. Many companies are allowed to bring in L visa workers through a Ablanket petition,@ which is approved by USCIS. While the blanket petition is meant to simplify the process, we fear that some foreign workers may be approved for visas by the Department of State without proper oversight by USCIS, which has primary responsibility for ensuring compliance with L visa program requirements.



    In order to better understand the nature of the L visa program, we need to have access to better statistics. We would like to know how many L visas are approved each year, and what companies use the program. We would also like to know more about the use of the blanket petition for L visa holders, and USCIS=s ability to monitor individual visa holders who are allowed entry into the United States on a blanket petition.



    Finally, we are concerned about the level of fraud monitoring of the H-1B and L visa programs. While we understand that the Fraud Detection and National Security unit is analyzing and writing an assessment of the H-1B program, we are concerned that abuse of both programs is not being addressed adequately. Given that the immigration bill before the Senate includes a provision to allow USCIS to divert special funds to other operations, we would like to know how many dollars have been used specifically for H-1B and L fraud efforts. We also seek more details about how these investigations are being handled within the Department.



    Given these concerns, we respectfully ask that the following answers be provided to us by Wednesday, June 20, 2007.



    H-1B Dependent Employers

    $ Please explain the process of identifying employers as H-1B dependent employers pursuant to INA Section 212(n)(3).

    $ How many companies are defined by USCIS to be AH-1B dependent@ employers?

    $ How are these H-1B dependent employers being monitored, if at all, by USCIS?



    Blanket L Visa Petitions

    $ How many L visas have been approved each year since 2000?

    $ Please provide lists of companies that have used the L visa program for each of the two most recently available years, and how many visas each company has obtained in each year.

    $ Since USCIS has primary jurisdiction over blanket petitions and visa policies, what role has been delegated to the Department of State and how is your agency ensuring that aliens under the blanket petition are being properly screened before entering the U.S.?

    $ What role, if any, does USCIS play in monitoring the approval of L visas covered by blanket petitions?

    $ Please provide an explanation of USCIS=s ability to track individual L visa holders who are allowed entry into the United States on visas covered by a blanket petition.



    Investigations of Fraud and Abuse

    $ Annually, what has been the total amount of funds deposited into the Fraud Prevention and Detection Account under INA Section 286(v) since it was established? Of this amount, what amount has been provided to the Department of Homeland Security under 286(v)(2)(B)?

    $ How have the funds provided pursuant to 286(v)(2)(B) been used in FY2005, FY2006, and thus far in FY2007? How many funds have not been expended in a given year?

    $ How does USCIS plan to spend the remaining funds left in FY2007?

    $ How many total fraud and abuse referrals have been sent to Immigration and Customs Enforcement (ICE) in the last two years? How many of these referrals, to your knowledge, have been pursued? How many referrals, to your knowledge, are pending? Please provide any further details about specific cases or referrals to ICE that may be helpful to understanding the process within the Department.

    $ Please provide examples of recent investigative referrals to ICE dealing with H-1B or L visas. Please explain any referrals in the last two years that have not been pursued or that have been closed, and provide information on how many are currently pending.



    While we anticipate your concerns about providing such information to us by Wednesday, June 20th, we must stress the fact that the U.S. Senate is considering comprehensive legislation that would change immigration policies for years to come. The H-1B and L visa programs must be better understood before further action is taken on this bill. We appreciate your cooperation in providing us with input in the next week.



    Please contact XXXXXXXX if you have any questions regarding this matter. Thank you in advance for your cooperation.



    Sincerely,







    Charles E. Grassley Richard J. Durbin

    United States Senator United States Senator




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  • vvr
    12-18 08:57 PM
    Pls. send your feedback to letters@mercurynews.com.

    I called them today and cancelled my subscription today after 3 yrs of continued subscription. It's very ironic of mercury news to publish a one sided article against immigrants given their subscriber base.



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  • dilber
    07-16 06:24 PM
    How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
    This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.




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  • nk2006
    05-11 10:13 AM
    As zCool pointed out, points based system is just a delay technique. No point in discussing its pro's and con's. If they treat it as long term solution with proposal for near term; then it may be OK otherwise we are screwed.

    Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.

    Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.



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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.




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  • bkshres
    10-20 03:02 PM
    My old attorney was appointed by my old employer but after I left my old company, my old attorney was working as my personal attorney and her contract with my old company was also over. and I kind of have good understanding with him. He was helpful in general scenarios as well.
    But I am not sure whether I should switch the attorney. My worry is what if I tell my old attorney that I am doing G28 to new attorney from new employer and G28 form never reach USCIS file? then all the correspondence will goto my old attorney.... what will happen in those scenario?

    Thanks,
    BK



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  • frostrated
    06-25 12:56 PM
    you need to be physically present in the country when you apply for your AP. you can either have the uscis send it to your address in india, a consular post in india or your address here in the US. i would suggest you have it sent to your address here in the US and then have one of your friends send it by fedex to india. dont use regular post as it might get misplaed or lost, which means you are stuck.
    if you are planning to return before your current AP expires, then you dont need a new AP. might as well wait until later this year when they are planning to bring out a new EAD card that also has AP approval in it.




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  • chaukas
    10-23 01:50 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.




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  • tanu_75
    04-07 06:52 PM
    Agreed. just talk about Bulletin.

    Hmm. Another kela. Don't worry MC, your time will come.




    Life2Live
    01-09 12:55 PM
    Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.

    Looks like they may work on May 2007 cases sometime this month occording to NSC progress.




    seahawks
    08-05 09:57 PM
    Who gets the AP (Advance parole) document from USCIS , candidate or lawyer who filed it ?

    Filed using G28

    My AP went to the lawyer.
    My Receipt went to the lawyer too.
    FP notice came to me, copy to lawyer.
    EAD approved, expecting card it to come to me.

    Hope this helps.



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