Monday, June 13, 2011

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  • mdipi
    10-21 06:37 PM
    i heard that steve ODed on drugs, thats why he left. almost dieed.:evil:





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  • reddymjm
    04-24 09:32 AM
    Good Question. Why no one from IV posted that yet?





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  • ajp5
    11-02 12:31 AM
    Talk to your company Liar (lawyer) first. My non-legal advise is

    1. Ask lawyer to request more time for the RFE
    2. If thats not possible - send what you can. eg W2 , paystubs etc etc. Try to get the client letter from your employer. If you get it in next 10 days, additional evidence is always welcome by USCIS I guess.

    You cannot threaten your employer for something like this. Talk to them & resolve this with the help of your manager.....You have 1 last day ie Monday before last Fedex dropoff time.....reset your stopwatch.......maybe make a movie out of it and post it on youtube:)





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  • sxk
    11-24 07:09 PM
    I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
    or is it better to fall back on EAD and continue with education? Please advice!
    Optimist578 - can you please let us know what you find out from your attorney?
    thanks a lotsxk

    I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.



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  • polapragada
    09-04 12:36 AM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    You are right





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  • bigboy007
    04-17 01:52 AM
    bumping...

    Valid question but you remember you port the labor to I140 becoz of same / similar duties . Once ported I think its same as any labor and your duties are based out of initial I140 / Labor. So You might consult a lawyer but you might hear the same



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  • vivaforever
    07-17 07:01 PM
    Immigration Voice is healthy and kicking. No flowers Please. Contribute instead !

    I personally know some individuals who read IV and never registered/contributed. Please encourage those bystanders around you to be part of this movement.





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  • $eeGrEeN
    05-31 11:50 AM
    EVERYBODY PLS PLS CONTRIBUTE....

    [/COLOR]


    Do the math ??? u did it for us ;)



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  • rimzhim
    06-07 11:48 PM
    www.msnbc.com
    www.cnn.com

    Cheers!
    You mean rust in peace !!!!!!!:D :D :D





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  • KKtexas
    05-05 11:32 AM
    You have successfully signed up for a subscription to Donation to Support Immigration Voice (User: KKtexas) using PayPal.

    Your first subscription payment, for $25.00 USD, has already been sent to Immigration Voice.


    Subscription Details
    ----------------------------------------------------------------

    Date of sign up: May 5, 2009
    Subscription Name: Donation to Support Immigration Voice (User: KKtexas)
    Subscription Number: S-4M2502670S455100D


    Subscription Terms:
    $25.00 USD for one month



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  • Ram_C
    11-19 07:59 PM
    Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.

    Sorry to ask this question on this thread, but i think i don't have ability to create new thread?

    Can some one help please?

    My PD is Feb 2006 and I am EB3 India

    This is common, many of us including me received soft LUD on already approved
    I-140 applications. check my post#2 on this same thread.

    hope this helps
    good luck :)





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  • KKtexas
    01-21 02:59 PM
    Person traveling with AP does not require Transit Visa if u dont plan to go outside of Frankfurt airport for what so reason.I had traveled via Frankfurt on 01/07/09.

    Please do check with German consulate.



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  • RNGC
    04-08 09:38 PM
    As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....

    see a detailed notes on INA 202 here...
    http://boards.immigrationportal.com/showthread.php?t=240387
    (search for gclong1)

    I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.

    Is 7% per country is fair ?
    ------------------------
    Legal Immigrant Source Source:
    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls

    (More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)

    Population Source:
    http://en.wikipedia.org/wiki/List_of_countries_by_population


    Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
    Total Population = 11,000,000 (11 Million)
    Total Population Percent = 0.17 %
    Legal Immigrants from Cuba to USA in 2006 = 45,614
    Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
    [(45614.0/11000000.0)*100.0 = 0.4146]

    India:
    Total Population = 1,131,264,000 (1.1 Billion)
    Total Population Percent = 17 %
    Legal Immigrants from India to USA in 2006= 61,369
    Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
    [(61369.0/1131264000)*100.0 = 0.0054]

    Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
    India has 0.0054 Legal Immigrants in US per 100 of their population

    What is the difference in percent ?
    (0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!

    India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
    (17.0/100.0) * 140000.0 = 23,800 EB visas ?
    (0.17/100.0) * 140000.0 = 238 EB visas ?

    Soon, USA will be Chindia!

    I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....

    My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.

    So, two issues need to dealt with for long term solution.
    1. 140k EB visas to be increased to 300k
    2. 7% per country needs to be changed (not sure what should be the criteria)





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  • seahawks
    07-26 08:42 AM
    I was able to find this phrase, please check the context from the link provided.

    "Where the beneficiary has been counted against the quota during the past six years, and never been out of the US for more than one year during the past six years, a petition is exempt."

    http://www.hooyou.com/news/news060906h1b.html



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  • snathan
    03-03 09:48 PM
    Hi all,
    consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
    why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?

    what may be the reason? why they are concerned about the offshore salary?

    You should ask these questions to your employer.





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  • rkm
    07-17 06:36 PM
    Me too..

    Thanks again for all the IV support....Great news...

    Thank you very much Pappu, Logic Life and IV core members..

    Your great effort brought us this great news and relief



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  • factoryman
    06-19 01:31 PM
    Don't know what the officer will do. Don't tell me I didn't tell you.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.




    any members planning consular processing in delhi ???
    please respond





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  • Lasantha
    10-06 07:48 AM
    same here,

    we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!

    anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..

    cheers

    That's what I'm talking about ! :cool:





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  • gapala
    03-31 01:26 PM
    take that dispute report and go to your local police station..

    I do not think its a right approach to go to police for this mistake in the report as this is not a primary law and order problem, assumining that its a mistake in the report.

    if you have been rejected for a job position based on a background screening report your employer must inform you about this and provide you with a full copy of the report. Generally they will send it in mail to your mailing address...

    If you find a mistake in the report, which has led to this situation, you must dispute the wrong information in the screening report at once and get in touch with the company that conducted the check.

    Tell them about the wrong information they have provided in the report and demand an immediate re-investigation, both by sending a letter and asking them over the phone as well.

    Under Federal regulations an employer is prevented for five days from hiring another person in your place from the date when you dispute the wrong information in the report. So, do not loose hope, you may still get the same job provided the mistake is corrected in the report with in 5 days.

    Good luck.





    Bharam
    06-06 09:19 AM
    Fellow IVians,

    Contributed $200 for the cause.

    Wish you all the best





    ss1026
    04-18 09:33 AM
    I am waiting to hear something for my wife. She would hate it to sit at home for one year

    Let see......


    I will update this thread if i hear something

    Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?



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