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Sunday, June 26, 2011

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  • desi3933
    03-15 06:59 AM
    Thanks coopheal, desi3933.

    But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.

    Incorrect!

    Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • chanduv23
    11-20 12:19 PM
    Bump





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  • chanduv23
    01-08 02:40 PM
    Z^^^^^^^





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  • prioritydate
    08-19 05:40 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi


    Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?



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  • rbashir
    09-01 09:10 AM
    guys and gurus, Very desparate at this point, any help will be appriciated, I really need to answer these questions, please give me some guidance or some sample responses if any body of you have gone through same issues. PLEASE HELP
    I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers

    1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
    My Question is how do I prove it

    2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
    Yes. I have explained the reason

    3- The employment letter of company A is not dated and cannot be considered

    What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter

    4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
    I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this

    5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date

    6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
    A copy of the corporations annual federal tax return including copies of all schedules or
    An audited financial statement or
    An annual report

    7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.

    8- Does the beneficiary have an ownership interest?

    9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/

    10 - The indication must be made by the petitioner and the beneficiary

    11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.

    Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.


    Please help me here, I am really worried what to do and how to have all this information replied.

    Thanks





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  • WillIBLucky
    06-21 12:16 PM
    Thanks for your prompt reply.Is this the format you are talking about?

    AFFIDAVIT REGARDING BIRTH

    I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:

    I declare that _________________ is my (son/daughter/brother/sister/niece/
    nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.

    ______________________________

    Signature of Deponent
    Yes pretty much looks OK but I wont be comfortable if this is format your parents will use. For close relative this format is fine.

    For parents I am not comfortable with the statement "and that________father’s name) is his/her father and _____________ (mother’s name) is his/her mother."

    So just dig a little and there were members who have posted the sample for parents and close relative.

    Go to this link for format http://immigrationvoice.org/forum/showthread.php?t=5036&page=7



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  • GCDo
    04-25 01:45 AM
    I never heard of this...what crap it is.?:eek:

    Checked with my company lawyer. According to them it is a separate document from marriage certificate.
    I applied for GC only after getting married , so right from the beginning my passport etc has my wifes name in it. What caused this RFE still baffles me.
    I am not sure how will I get this document sitting in USA within 2 weeks.

    Is there any other alternative ? Has any one faced with this kind of RFE and has given
    some substitute for "Memorandum of marriage"





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  • imm_check
    11-06 06:13 PM
    Who issued the checks ?? Was it you or your employer ?

    My employer has issued the checks



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  • Googler
    02-14 04:24 PM
    "Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
    (1) never been authorized by Congress;
    (2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
    (3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."

    http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

    What a fabulous ruling this is.

    One question for Lazycis:

    # (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

    As far as I can tell even (1) and (2) only apply to Naturalization applicants.

    So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.





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  • nb_des
    09-21 01:51 PM
    I agree something that does not increase total visa numbers can only pass this year.



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  • Humhongekamyab
    08-13 01:36 PM
    Got Four Reds and "rupaki?" for the Raj Balsar thread :)

    You are in favour of (posted) sports news and got four red. I am not in favor or (don't want such news posted) and got four reds.

    I guess we cant make everybody happy.





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  • trueguy
    08-28 02:09 PM
    Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"

    With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.

    I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications


    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.



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  • BECsufferer
    08-18 09:16 PM
    While thousands of Indians are trying their best to make a cut into citizenship club, here is one Indian-origin Doctor bringing bad name by commiting immigration fraud.

    Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)

    Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.





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  • RamBharose
    03-13 01:42 PM
    Some Contracting IT companies are giving a bad name to the whole H1-B process. Again, I am saying "SOME" not all.

    i did not get it, what it has to do with h1b process?



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  • fatboysam
    05-17 12:39 AM
    I am a software engineer and i do not find my occupation in this list. There is one but it's only for managers. Does it mean i am not eligible by any means ?





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  • saimrathi
    07-11 02:55 PM
    I'm sure there may be a lot of immigrants in CA due to the IT sector..



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  • eastindia
    05-14 02:57 PM
    Any idea what Tech firms are doing to help CIR?





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  • gemini23
    07-31 04:44 PM
    dont worry thats normal. when i was in florida, i always got a temp licence valid for 4 weeks. and then the actual renewed licence arrived within 3 weeks in mail .
    :)





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  • IAF
    08-16 08:24 PM
    Be ready for audit when you go for Citizenship or extension of GC. Make sure you have everything documented and can prove to USCIS, in case there is RFI.





    chandrajp
    06-21 12:10 PM
    You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.

    It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.

    Good Luck!
    You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you





    maccaid
    06-22 02:17 PM
    Hi,
    I just got married not long ago.

    I'm planning to apply I-485 this july.
    My question:
    Should she change her name prior to applying I-485 or she can do it after we applying I-485.
    How easy it�ll be to change last name while I-140 and I-485 pending?

    Anyone in the same boat?

    Thanks in advance.
    maccaid



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