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  • sathyaraj
    11-14 01:16 PM
    My opinion is not to waste to get the replacement EAD as it is already approved. As per my understanding most of the employers do want only the copy of the EAD card for verification purposes. My wife was never been asked EAD card when she was attending interviews. They needed only copies.

    Also if you still want to apply, see whether you can apply for renewal card so that you would atlz get an extra year from your current card's expiry date.

    It is better to inform USCIS though just to prevent any possible identity theft.

    P.S. I am not a lawyer. This is just my thoughts!





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  • s416504
    02-03 09:34 AM
    I think Your 1 year extention (instead of 3 year) could be cause of two diffrent A# numbers on I140 & I485.
    I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
    I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.

    I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?


    I-140 Reciept : No A Number
    I-140 Approvel Number 1
    I-485 Reciept : Number 2

    EAD/FP/AP : Number 2


    I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140

    Is this anything I need to be concerned about ? Appreciate your suggestions





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  • bslraju
    09-13 05:48 PM
    Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
    Changed employer using EAD in 08.
    Current company is doing porting to EB2.
    Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
    it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)

    thus its equivalent to US bachelors degree.
    So my employer (big 17k employees) decided to file based on my exp.

    Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
    in the field or in a related area."

    Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..





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  • skynet2500
    07-16 12:35 PM
    When did you send the application? is this for 485?



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  • hopefulgc
    01-26 02:33 PM
    Sounds like a far shot.. but if government can start distributing money.. why in the name of all that is Holy can they not do this:
    "All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
    How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.

    After all these is something called as 'GC by investment'. Why not something in between?

    The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.

    <EOM>





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  • javadeveloper
    12-17 04:21 PM
    Dates were current till 2005. They were again current in between.


    dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.

    Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html



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  • Mahatma
    07-28 09:16 AM
    This is a sort of repeat post for me BUT for the sake of forward movement, I am supporting this motion forward.

    Those who received Green should contribute as much as possible. Sometimes, splitting contribution to recurring (instalment) payments works wonder. This is called small is beautiful in India and Kaizen in Japan. According to this philosophy, if you make 5 phone calls everyday with consistency, you could make numerous calls over a period of time. However, if you try to make 100 calls a day, it does not go much farther.

    Material contribution (money) is important to sustain IV (keeping website up and running, maintenance and other overheads) in this corporate country.

    However, intellectual contribution is very important as well. For some reason if monetary contribution could not be made, one could contribute by knowledge-sharing. Rational and analytical thoughts, balanced ideas and responsible opinions are a huge asset and let us make IV knowlede-driven, smart and sharp organization.

    Bottomline: Contribute by thoughts, donations and best still, both.

    Remember: We are knowledge workers and we can do things smartly and practically.

    Go Ivians!!





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  • anilsal
    06-14 11:43 PM
    Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
    Any advise

    Thanks
    Adde

    You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.



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  • kirupa
    09-04 02:03 AM
    Joe - I just tested out kWordpad (http://www.kirupa.com/forum/showthread.php?t=265975), and it actually works the way you want it to. You can hit the Bold button and begin typing, and all of the text appears in Bold. Is that not what you are seeing?





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  • lazycis
    07-02 08:24 AM
    Hi,
    How did your WOM go? I will be filing mine soon. Any info. that i should know? My I-485 has been pending for 3 years after my refiling. Neither my EAD nor my Driver's license can be renewed at this moment. Please help.

    Join the club
    http://en.wikibooks.org/wiki/FBI_name_check#Lawsuit_steps

    http://boards.immigrationportal.com/showthread.php?t=194681&page=600



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  • chris
    08-15 03:10 AM
    My PD is Mar 2003. Filed in June 2007.:mad::mad:

    BTW my PD was Oct 2004 and my RD was July12th 2007, ND was August 15t 2007. I am sure this months NSC report will show a good advancement in their processing date.





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  • nid
    05-19 10:21 AM
    Guys,

    I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.

    I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.

    Thanks



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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks





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  • maverick80
    01-30 11:37 PM
    anyone? Any help would be appreciated here.



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  • vamsi_poondla
    09-10 10:45 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.

    Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.

    I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.





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  • chvs2000@yahoo.com
    08-17 10:56 AM
    Hi all , Thanks for the responses. Actually Marriage certificate and medicals were in the packet, I forgot to list it here. After going through the instructions i see my employer sent the application to a wrong address.

    Instructions say that for 140 related cases it should be sent to Nebraska or texas service center depending on where you live. Instead it has been sent to the Chicago lock box facility.

    Now when i resubmit this package to the right place do I have to include a copy of the rejection notice(I 797 C)? also every page has a line printed on it sideways along the right edge. I am not sure if resubmission means sending the rejected packet as is or prepare the forms again and send the new ones.


    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!



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  • softcrowd
    02-07 09:46 AM
    As many people stated already, Parents do not qualify for H4 status. They can come here on Visitors (B2) visa but that way their stay here can not be more than 6 months & frequent such stays also raise a red flag.

    So, unless one becomes Citizen - I can't think of an alternative to bring parents on a permanent basis. I wish there is a way too!!





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  • kevinkris
    05-19 06:04 PM
    Hi kumhyd2,

    I am in same boat. What i am thinking is, just work for that employer
    for say 1 year or so and then invoke AC21. Then you should have any issues.

    My 2 cents.

    Thanks,
    kris

    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?





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  • yestogc
    07-07 10:04 PM
    How can we know the status of 485, I mean is it pre-adjudicated or not ??

    Also what is this POJ method, can you please enlighten.





    manuseeksgc
    06-16 05:40 PM
    Hi Chi_Shark,

    I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.

    Thanks!





    Pallavi79
    02-21 08:49 AM
    I have one ing savings account and one Bank of America account. I do automatic transfer between these accounts penny per month. that should keep my accounts active.

    If I do not get job in another one,two months, I have to pack my bags.



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