Monday, June 13, 2011

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  • vxb2004
    11-24 08:09 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.





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  • gbof
    11-20 09:01 PM
    Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.

    Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.





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  • kumar1
    12-08 01:23 PM
    bump
    I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post





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  • harikris
    12-05 09:10 AM
    Hi All,

    We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
    The application and the supporting documents are all in place.
    We have to drive 3 hrs to the Indian Embassy.
    Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.

    Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?

    Thanks All.



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  • mantagon
    07-15 01:18 PM
    I guess you meant I-9 form, and yes, this is correct AFAIK. The employer should contact USCIS about it.

    Yes, thats exactly what I meant. Thanks for the clarification.





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  • bestofall
    12-30 09:56 PM
    How did you find out , that files are assigned to I/O



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  • GC_1000Watt
    07-28 05:42 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs

    I was in same situation last year and as suggested by a very good lawyer, instead of filing MTR, me and my company re-applied under premium processing. I got the extension with I-94 within 10 days after I re-applied.
    MTR is time cosuming and all the time you will be worried about it. Also if MTR gets denied for any reason then you are putting yourself in big trouble.

    I would suggest you to reapply with solid paperwork under premium processing. Don't forget to ask your lawyer to include a cover letter telling USCIS about the earlier denial and why they should reconsider the case based on the attached documents.

    That worked for me like a dream and hope it works for you as well.
    Good luck friend!





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  • Photoman
    March 26th, 2004, 08:22 AM
    I have just joined this forum and collected my D70 last night. Used for the first time tonight took about 200 photo's with my SB-80DX flash.
    I had to use camera on A or S priority with flash set on Auto. Quite a backward step after TTL metering with the F100.
    The only Nikon flashes which provide full interaction with the D70 are the SB-800 & SB-600. Only these provide auto zoom head function, ISO from camera and TTL metering.
    Hope this helps.PM

    SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.



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  • mzafar125
    08-19 12:40 AM
    Folks,

    I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.

    PD: 10/2002
    I-140 - Approved Jan 2007
    Category - EB3, ROW





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  • aadimanav
    12-27 07:48 PM
    http://rapidshare.com/files/79520069/NSC.pdf.html

    http://rapidshare.com/files/79519877/TSC.pdf.html



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  • Almond
    07-13 09:17 AM
    Damn I am going to be pissed off if he gets a green card before I do.

    Pegasus you made my morning. I can't stop laughing at this:D





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  • suratvoice
    12-17 10:46 AM
    I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?



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  • needhelp!
    03-09 01:50 PM
    IV needs to compile all your replies. Please send them ASAP.





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  • BharatPremi
    12-10 12:46 PM
    any suggestions if 140 is not approved?

    Filed in August 2007......doesn't look like there is much movement based on tracker!!!!

    EAD in hand

    Yes. If I-140 is not approved, Do not use AC-21.



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  • forgerator
    11-08 05:14 PM
    How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
    In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o

    yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.

    My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)





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  • chunky
    07-27 09:45 AM
    But the questions is will her 485 application abandoned if she applied for H4 in consulate.
    I heard 485 is abandoned if you change status and come to US without AP.

    Thanks

    she can apply for H4 when you visit India, as long as you maintain H1. she does not have to wait for H4 COs to be approved. In fact she does not have to file for one.

    The requirement is that to reenter she needs to have H4 stamped to enter with receipt of I-485 in lieu of AP, not when she leaves because as soon as she leaves the country the status is gone. A status is valid only while in USA. In fact COS will not give her a stamp and since hers is H4 and you have approved H1 she doev not need approval from USCIS for that.

    If the case had been different, she was applying for H1 then she would have needed an approved petition first.



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  • hnordberg
    June 18th, 2005, 12:58 PM
    I like the top one the way it is. It is moody and the motion blur of the bird just adds to the feeling. Great capture.

    With the rainbow, I think I may have tried to get an anchor for the foreground. Such as the yellow flower/bush in the lower right. I often find myself shooting with the camera at ground level. But it is a fine picture, nevertheless.

    The bird shots are good. I would probably cut out some of the top of the last one.

    Cheers
    - Henrik





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  • NKR
    04-17 02:32 PM
    Who gave you a red dot for the very first post here?


    His employer..





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  • Blog Feeds
    07-08 11:30 AM
    AILA Leadership Has Just Posted the Following:


    While the 1986 Immigration Reform and Control Act (�IRCA�) prohibits employers from knowingly hiring or continuing to employ unauthorized workers, the Obama Administration�s decision to vigorously enforce employer sanction laws against employers, before providing a path to U.S. employers to legalize critical essential workers, is plain bad policy. �Immigration officers are investigating workplaces in every state in the US to check whether they are hiring illegal workers.� ICE launches workplace immigration crackdown (http://www.google.com/hostednews/ap/article/ALeqM5h_EhhmjIcqAzvJainjWnJTLRylXQD995P1T80)

    We are in the midst of the �Great Recession� and U.S. industry is struggling to remain competitive. President Barack Obama�s strategy puts U.S. employers and industry between a rock and a hard place. While the law requires U.S. employers to verify, through a specific process, the identity and work authorization eligibility of all individuals, whether U.S. citizens or otherwise, it is practically impossible to obtain legal status for employers who discover undocumented workers in their workforce � even if they have been employed for decades. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html).

    The diligent employer questioning the veracity of employment eligibility documents can face discrimination charges and vigorous enforcement by the U.S. Department of Justice, if for example, they check only Latino workers, or subject certain classes or worker to extra scrutiny. The U.S. Department of Justice Office of Special Counsel enforces the antidiscrimination provisions that protect most work-authorized persons from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices relating to the employment eligibility verification process. The law prohibits retaliation against individuals who file charges and who cooperate with an investigation. Office of Special Counsel for Immigration-Related Unfair ... (http://www.usdoj.gov/crt/osc/)

    No one knows how many of the 6,000,000 U.S. employers, as well as household employers, are familiar with, and in full compliance with the complex U.S. immigration law. Many employers are surprised when told the law requires ALL employers to complete an Employment Verification Form I-9 for any new employee hired after November 6, 1986, or face huge civil fines, and possible jail sentences. The I-9 Employee Verification form must be completed within three days of hire for all hires including U.S. citizens.

    Vigorously enforcing this law without providing employers any way to keep essential workers puts employers struggling to make ends meet with the possibility of receiving huge fines, and even prison sentences if they "knowing continuing to hire five or more workers." Actual knowledge of the undocumented worker's status isn't always required, and "constructive knowledge" will suffice where the employer "should have known" of the worker's status. For example, if the employer tries to sponsor an undocumented worker for immigration benefits, the employer is presumed to know of the workers lack of immigration status. The Department of Homeland Security, through its enforcement division, Immigration and Customs Enforcements (ICE) has undertaken a massive new enforcement effort directed at employers large and small. More than 650 US businesses to have employee work files audited (http://latimesblogs.latimes.com/lanow/2009/07/more-than-650-businesses-nationwide-to-have-employee-work-files-inspected.html) Los Angeles Times - ?Jul 1, 2009.?

    The focus on audit enforcement is clearly evidenced by the rising number of worksite audits, increased heavy civil penalties and likely continuing criminal prosecutions resulting from worksite violations. Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home) New York Times - ?Jul 1, 2009? �The Obama administration began investigations of hundreds of businesses on Wednesday as part of its strategy to focus immigration.�


    While employers need to be extremely cautious and take steps to ensure that their employee verification papers are in order, the government needs to fix the immigration mess BEFORE pursuing this new aggressive policy of conducting ICE AUDIT "RAIDS�. Employers should be given an opportunity to pursue a legal path for essential workers before the Immigration and Customs Enforcement officers come �knocking at the door.�
    http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story (http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story) Los Angeles Times: L.A. employers face immigration audits.

    Many employers are caught in a Catch-22 when it comes to employee verification. �If you�re in the roofing business, if you�re in the concrete business, you don�t have American-born workers showing up at your door ... you have Hispanic workers showing up at your door, and they have what looks to be a legitimate Social Security card ... under our current law, if they have a card that looks legitimate and you don�t hire them because you suspect they are illegal, then you are guilty of discrimination and could be investigated by the U.S. Equal Employment Opportunity Commission that�s the current system and it�s broken." Said Norman Adams, co-founder of Texans for Sensible Immigration Policy to the Houston Chronicle: Immigration crackdown goes after employers. http://www.chron.com/disp/story.mpl/special/immigration/6506722.html (http://www.chron.com/disp/story.mpl/special/immigration/6506722.html)

    Vigorously enforcing these laws without providing an option to employers is plain bad policy and it could make our economic situation worse. My experience with the employer verification law is most employers are simply not familiar with all aspects of the complex immigration laws. Most employers don't know that if they question a legal worker�s documents, the U.S. Department of Justice (U.S.D.O.J.) may charge them with discrimination. The adverse impact on the economy and on the housing market could be serious. The substantial economic contribution of hard working immigrants is clear. Economic contributions of immigrants come in many forms in California. (http://topics.sacbee.com/California/) The California Immigrant Policy Center (http://topics.sacbee.com/California+Immigrant+Policy+Center/) estimates that the state's immigrants pay $30 billion in federal taxes, $5.2 billion in state income taxes, (http://topics.sacbee.com/state+income+taxes/) and $4.6 billion in sales taxes (http://topics.sacbee.com/sales+taxes/) each year. The Selig Center for Economic Growth (http://topics.sacbee.com/Selig+Center+for+Economic+Growth/) calculates that the purchasing power of Latino and Asian consumers in California (http://topics.sacbee.com/California/) totaled $412 billion in 2008 � nearly one-third of the state's total purchasing power. The U.S. Census Bureau (http://topics.sacbee.com/U.S.+Census+Bureau/) found that California (http://topics.sacbee.com/California/) businesses owned by Latinos and Asians constituted more than one-quarter of all businesses in the state as of 2002, employing 1.2 million people and generating sales and receipts of $183 billion. Where would our economy be without these immigrants? http://www.sacbee.com/opinion/story/1981220.html (http://www.sacbee.com/opinion/story/1981220.html) Sacramento Bee: Immigrants are not a fiscal drain.

    Comprehensive immigration reform requires a path to legal status for the undocumented and an orderly system for future worker flows to allow U.S. industry to innovate and compete globally. It will require a complete overhaul of the government agencies that now mismanage a slew of immigration programs that could and should be the rejuvenating lifeblood of our nation. http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html (http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html) New York Times: Opening a Door to Young Immigrants.

    The American Immigration Lawyers Association (AILA) understands the issues from a deep perspective, not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers to enable employers to legalize critically needed workers in agriculture, construction, and to provide future flows in certain areas including scientific fields, where as many as two thirds of our advanced degreed graduates are international students. We must also provide due process protections and restore the rule of law in immigration adjudications, and in our immigration courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).https://blogger.googleusercontent.com/tracker/186823568153827945-4886898674742904565?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html)





    mnq1979
    06-26 03:32 PM
    What did u provid as of now?? If can obtain bc u can produce it. If u do not have one then ceritificate of non-availability. Besides this u need to produce secendary evidences such as school, medical and religious documents or affidavits which mentions both your parents and your full names. That is what I did. In anycase, you will be given instructions on the rfe what to respond to the rfe. Good luck.

    I jsut spoke to my mom and she confirmed that she has my BC in diffrent language and will get it translated. So i think i m good from that part.

    But my wife BC is not available. I have asked my father in law and he said he will ask some one to get. It is possible but will take a little time.

    My question is since her BC will be made NOW do i need any other proof with her BC?





    sunshine7672
    03-06 02:41 PM
    Does anyone know when these fees might become effective? Is it 120 days after February 1st or is it at the start of FY2008 (October 2007)?



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