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  • Robert Kumar
    02-11 11:38 AM
    My previous company hires them and I used to deal with Chugh firm a lot. They are very good and professional. I did not see any issues.

    Best of luck with your EB2.

    Any more feedback, please.


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  • rockstart
    10-23 01:59 PM
    No point worrying over past. Go ahed and file a AR11 ASAP to make sure from now on USCIS has your updated address. In case in future this becomes an issue then contact a lawyer and try to resolve it.

    But moving forward all non immigrants as well as GC holders should make sure they do not miss this important obligation to inform USCIS within 10 days of move. It is easy process and saves lots of trouble later on.

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  • jiraprapaasa
    04-09 03:48 PM
    I am planning to apply my niece to come to USA to study 8th grader in private school. She is 13 years old in May 2011. I believe she doesn't need to go for an interview at US embassy in Bangkok Thailand. What do I suppose to do then? How do I submit her DS-160 (already finish filling online) and other document? What else do I need to know in order for her to come to the US.

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  • immilaw
    09-15 02:13 PM
    hi is there any hope for eb-2 india?since its has retrogressed,can we expect any forward movement in the next few months?is there any chance of further retrogression?are there too many cases coming out of back log centres?
    my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?

    You should be happy. In the next 2-3 months your PD will be current. I am confident your PD will soon be current.


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  • vparam
    03-10 06:11 PM
    You can get SSN is you could provide a proof that it is required for taking an exam or license. You need to show that the process requires and also get a letter from the license issuer that it required to issue a license.

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  • acecupid
    08-01 10:45 AM
    If you look at the new features list:
    A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.

    Simplified navigation and improved search capability.

    Enhanced customer service tools including expanded Case Status Online with both email and text functionality.

    Information that is written clearly and meets the needs of our customers.

    It is pretty vague. They may just make some cosmetic changes for the existing website. I dont see anything new here. I hope they prove me wrong!


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  • radhay
    11-04 12:38 PM
    More than likely you will be called for interview in 2 months. That is what happend in my case. However since there are no visas when they completed my interview my application was put on hold.

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  • krishnam70
    05-06 11:52 AM
    Here is my story, Immigration experts are requested to suggest.......

    My H1 started from Oct 05 with Employer A.
    Applied Labor in Feb 07, Approved in Feb 07.
    I-140 approved in May 07.
    Applied I-485 in July 07, still pending.
    EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
    Renewed EAD in Oct 08, valid till Oct 2010.

    In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

    The project with Employer A finished on Nov 22, 08. (on H1)
    Started new project with Employer B on EAD from Nov 24, 08.
    (AC21 was not filed)

    Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
    Returns, W2, etc)

    Due to miscommunication between me and Employer A, he was notified of my
    new job on EAD with Employer B in march 09.

    H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
    contract not submitted. (It was not mentioned in RFE)

    Never filed an AC21.

    What should I do now ? Will this H1 extension rejection become an
    obstable in getting I-485 approved ? Will there be any problem in getting
    third extension of EAD if I-485 is still pending ?

    Should I appeal this case by submitting all the end client contracts ? But I have
    used EAD ...........I have good relation with Employer A and am assuming he will
    not revoke my I-140.

    Experts please suggest........

    Here is my observation

    1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
    2. You implicitly used AC21 by moving to a new employer and working on an EAD
    3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
    4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

    The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

    - cheers


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  • bikram_das_in
    04-20 10:54 AM
    One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.

    BTW in politics right or wrong is rarely a consideration.

    I donot encourage IV'ans to participate in this march.
    It means Join hands with Illegals for noreason.
    No matter "how" loud / "what" you scream in this march it will be heard as "give amnesty".

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  • gc_chahiye
    07-16 11:56 PM
    I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?

    unless your PDs are very close to each other dont file independent. One will get GC first, other will be stuck for a while (unless you take the risk of withdrawing one ap and filing again when one person looks cloes to getting apprvoed)


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  • Macaca
    04-22 09:07 AM
    Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle

    After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.

    All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.

    The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.

    Deductions are considered by the Department of Labor (DOL) to be authorized if:

    The deduction is reported as such on the employer’s payroll records,
    The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
    The deduction is for a matter that is principally for the benefit of the employee,
    The deduction is not a recoupment of the employer’s business expenses,
    The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
    The amount deducted is not more than 25% of the employee’s disposable earning.

    An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.

    Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.

    The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.

    It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12

    Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.

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  • sintax321
    10-02 03:42 PM
    Thanks for those blobs. I'll play around with them but I defenatly won't claim that I made them. I will always show credit where credit is do. Thats why on my site I have a Thank you section. I wouldn't be as fare along as I'm without the people on this forum so I never have a problem giving some credit. You guys are all great:) =) :P


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  • KbK
    04-09 11:50 PM
    Hi friends
    I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.

    The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.

    On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.

    If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.

    I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.

    This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.

    Friends at the end, may I request you to please send your thoughts on this?


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    03-26 04:01 AM
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  • onthelines
    10-06 03:25 PM
    This is Incredible..Thanks IV for all the hard work.

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  • optimist578
    01-19 12:31 PM
    I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.

    No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).

    The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?



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  • kirupa
    05-27 03:36 PM
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  • kevinkris
    10-10 05:23 PM
    Beware of contractual agreements between your company and the end client. Normally they will have contrac that you will no join the vendor or client directly after the contract is terminated. You will be in legal problems. This is nothing to do with your GC.

    I recommend, since you go GC find a job else where once you are fired by your company.

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  • krishna_brc
    07-06 11:18 AM
    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.

    Not to panic. As said by "trump_gc" prepare an affidavit explaining the correct name and ask the attorney to send an amendment request on 485 if name has to be changed along with all supporting documents and explaining the current situation.

    Also please let us know your Priority Date and Receipt Date of I-485 and service center, this helps members of IV understand what PD and RD currently uscis is reviewing.


    08-20 09:45 AM
    Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.

    And yes, my case is current from last 10 months.

    Are you working for the same company who filed your I-140?

    05-22 09:55 AM
    I saw your profile. You are from Nepal.

    As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).

    Your priority date is current.
    I hope that they must have sent for Name Check long ago - this should not be blocking.
    What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

    For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at


    thanks but my RD is july 2nd 2007 taxes service center

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