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Friday, June 24, 2011

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  • gsiskind
    05-11 09:55 AM
    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.

    With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.

    As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.

    As for processing times, generally estimate 60 to 90 days on employment cards.

    Regards,

    Greg Siskind

    Gregory Siskind, Attorney at Law
    Siskind Susser - Immigration Lawyers
    Telephone: 800-748-3819 or 901-682-6455
    Fax: 800-684-1267 or 901-339-9604

    Email: gsiskind@visalaw.com
    Web: www.visalaw.com

    Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.





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  • njboy
    06-08 01:22 PM
    When the poor Irish came to US, was there a rule that said, they can get their papers sooner if they pay some extra money? Premium processing is creating elitism by encouraging the well-heeled to pay to be above a system. Was there a rule that said that Vito Corleone would have to stay on Ellis Island and not work for several months if he didnt pay extra money to get his I-130 processed? But, today..the system is doing exactly that. They are confining our personal Godfathers (who we are mortally scared of .i.e or wives) to stay at the virtual Ellis Island (read as - 1 Bedroom apartment) and not allowing them to work till we premium process the shirts off our back.





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  • gc_chahiye
    02-18 11:51 AM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html

    Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)

    * ROW was current, so the country limits did not kick in. Thats hte big reason. Only way dates move significantly ahead for INDIA-China now without legislative changes is if EB3-ROW becomes current again and we start to get leftover visas

    * labor certification used to take a long time and people used to get stuck in namecheck to keep demand relatively low. The 'bulge' in demand from the increased H1 quota's of 2001/2002 had not yet kicked in, so demand=supply and all was well.





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  • justAnotherFile
    07-11 09:18 PM
    this is not a published article.
    He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
    so I guess it is ok.



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  • sammyb
    03-20 02:54 PM
    I was wondering with only 4 clean posts how could you get a red dot :) ...

    and on the issue of SSN, when I first came to this country I had gone thru the same but in my case I got the card after 6 weeks of the application ... but this wait was painful ... fortunately my company provided me salary advance (or say some money in advance which they later adjusted with my salary) and I survived ...





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  • Ramba
    07-31 05:57 PM
    Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..

    (to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)



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  • venetian
    07-06 03:30 PM
    Thanks again for the responses.

    Looks like USCIS is fine when a person with valid H1/L1 petition can enter the US using AP and continue to maintain H1/L1 status provided the person continues to work for the same employer.

    Below is some of the the 'USCIS Guidance on H-1 / L-1, EAD and Advance Parole' that I got from murthy.com

    MurthyDotCom : INS Guidance on H-1 / L-1, EAD and Advance Parole (http://www.murthy.com/news/UDnewins.html)


    An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

    An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

    If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

    An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.





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  • Catherine
    06-23 09:40 AM
    Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.

    The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:

    "Divorce Before Green Card Issued

    Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

    However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

    If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

    But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
    Applying for a Waiver

    The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

    * Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
    * Extreme hardship to the immigrant spouse if deported.
    * Extreme cruelty and abuse from the U.S. citizen spouse.

    Waivers often require an interview of the immigrant spouse to get approval."



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  • MeraNaamJoker
    09-17 10:32 AM
    Thank you for your responses.
    My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
    Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
    I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.

    In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.

    My question is are there any risks in my 485 in this context?
    Should I be moving to company-A to reduce any risk?

    Would appreciate your responses in this.

    Again the issue here will revert to the topic of SHAM EMPLOYMENT.

    Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.

    Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.





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  • milind70
    04-01 05:58 PM
    Folks,
    I checked my status online today (4/1/2008) and this is what it says:

    "On December 13, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent."

    I had subscribed to email notification, but I didn't get any email in december :confused: . It has been 3.5 months since that notice.. So I am little tensed.

    My Situation:

    PD - Feb-2005
    Labor - Approved
    I-140 - Approved

    I-485 - Address mistake, filed the address correction on 9/18/2008 and got the confirmation in the mail that the address was changed.

    I immediately called the number listed and opened a SR for this. The CSR said he cannot look at my file to see what address is listed. I am not sure how I can get to a Level 2 IO ?

    So I am not sure, what notice was sent and where ? Is there anything else I can do ? Will InfoPass help ?

    I am thinking that it might be the FP appointment but I am not sure.


    -Bipin

    I and my wife had applied online for our EADs in Nov2007 , we got our EAD RN in a week time but in Jan i got FP notice for EAD and Jan 19 2008 my EAD got approved and mailed as per the online status , but when i checked for my wifes status it said notice returned undeliverable . My wife wrote to to the service centre with copies of her 485 FP, EAD RN which had the same address as well as a copy of the EAD application showing the same address as well as to the local Post Office as to why this was returned as undeliverable when all the other notices were fine . We did fedex these applications overnight and two days the online status changed as card approved and she got her EAD on Jan 30th or so.
    I would suggest if this is a mistake of USPS who have returned the notice even though the address is correct write to USCIS with copies of earlier notices with the same address and request them to resend and to USPS asking as to why the notice was returned as underlivered where as earlier other notices were delivered.
    It worked for us , we did not get into the hassle of calling Customer Support and taking infopass and going to Local office as these are pretty cumbersome and time consuming. It did cost us 14 dollars for express mail via USPS but apart from that it was fine and it worked. Hope our experience helps



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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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  • GCMD0203
    09-17 01:18 PM
    Gurus please help

    Hi,

    I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is

    Have you ever filed an immigrant petition for any person in this petition?

    Last year when I filed for H1 extension I had checked 'NO'

    But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'

    I will appreciate if you can help me with this.

    Thanks,



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  • GCard_Dream
    04-05 06:18 PM
    I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?





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  • GC9180
    06-19 05:29 PM
    Most medical centres/DRs are ripping off $$ on medical examination.
    How to avoid/escape most of the cost..I just paid $200
    First know about medical examination, as to whats done..
    At any medical centre the basic cost should be around $185 - $200 (based on in/out of edison area)
    - $185 Dr. Gita Dalal, U.S. Healthworks. 16 Ethel Road, Edison, NJ 08817 - (732) 248-0088
    - $200 Dr. David Rizzo, Union Family Medicine. 2300 Vauxhall Road, Union, NJ 07093 - (908) 688-4424 **WALK-IN 9-6pm***

    Basic should include
    1) blood work to test HIV & ppr(forgot name)
    Note #1) this blood work does not check for MMR, Vericella, Tetanus
    Note #2) No blood can check if one needs vaccination for Tetanus. Only MMR (measles - mums - rebella) and Vericella can be checked thru blood work, if a person needs it or not. Again i repeat the blood work done for medical test does not check for MMR or Vericella
    Note #3) Vericella is nothing but chickenpox vaccine. Do not get confused
    Note #4) Good medical centres (who do not rip off, like the two clinics i noted) just ask for proof (vaccination record) for the above three vaccines.
    Note #5) Some say vericella not need bcoz of age like 35+, but immigration needs it
    2) Skin test (PPD) for TB. Once given revisit after 48-72 hrs. If result is +ve, do X-ray which is additional $50
    3) Paper work in sealed envelope.
    Note #1) ask for a copy and check if everything is checked, signed etc..., also fax/scan to lawyer so that he can check to if everything is correct. If any errors get it corrected from the medical center.


    I felt these centers are ripping off
    # Dr. Magdy Shenouda, Wellness Center
    1706 Corlies Avenue, Second Floor, Neptune, NJ 07753 (732) 775-4138
    $340.00 basic
    # Dr. Seymour Wexler 999 Raritan Road, Clark, NJ 07066 (732) 381-3740
    $325.00 basic
    # Dr. Joseph Arno, Williamsburg Commons 10 Auer Court, East Brunswick, NJ 08816 (732) 390-8888
    390.00 includ vac (forced to take vaccine)
    also 1080 stelton road, edison,nj

    HOW TO AVOID VACCINATION COST?
    It depends on your insurance plan
    I got Horizon BCBS of NJ - HMO. according to plan i can get vaccination from primary care physician - no charges. The process is Dr does blood work to check if one is immune to MMR and vericella. eg. if blood work says the person is immune to MMR not Vericella, then the Dr gives vaccine for vericella and not MMR. The note from Dr would say MMR not need and vericella was given. Regd Tetanus, Dr gave me the shot as i did not have record to prove it was given earlier ...nor blood work can prove if one needs it or not.
    Blood work takes 2-3 days.

    Note: you need not have vaccination record at time of medical examination. I told the above two mentioned clinics that i will bring it (vacition record/report) later from Dr...they agreed. Remember till you show them they are not going to give you your report.

    I felt $185-$200 reasonable around edison,NJ bcoz thats the lowest rate i got for basic(blood work,skin/TB test,report) without vaccination + they agreed if you have vaccination record that would be sufficient.

    So if you have plan which covers vaccination + a clinic which takes your vaccination proof/record...then your cost is just $200 ONLY or max $250 (if need XRAY for TB)

    Hope the above helps...

    regards


    NOTE: correct me if i got anything WRONG...thanks



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  • Munshi75
    08-08 06:47 PM
    include options for all the people in the EB-3. Are you trying to discrimiate recent applicants? I am one of them with 2006 PD.





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  • sats123
    03-11 01:29 AM
    My AP was mailed by USCIS in January and I never received it. Called USCIS customer service, they said I need to apply again by paying $305 again. Called up USPS and they cannot find it, USPS said they will be sending me apology letter.

    Did any one lost AP in mail, did any of you refile again.



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  • when
    12-06 01:21 PM
    Thank You crystal





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  • deecha
    08-06 11:15 AM
    My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
    I think you should resend the packet in with proof of prior mailing.





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  • belmontboy
    05-22 07:35 PM
    I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .

    Do i have to take transfer in order to apply for I 140 ?

    Can two I 140 process parallel ?

    Thanks for you all support..

    Keep up the Good job

    what is the rationale behind applying two I140's?





    chil3
    08-24 12:40 PM
    yes my date is eb3 jan 2007...I think this is part of the whole pre approval thing

    I work for University since 2002 with very straightforward case hence suprised

    ok..here is part 2.

    Employer was able to speak to USICIS officer. He asked

    whethere

    1) I was contractor
    2) from when I was employed
    3) Work timings
    4) exact office Location

    my supervisor asked why all these questions about location and timing they said they will do a site visit

    I feel if my app can trigger this than any other app could...

    The USICs is just getting crazy with all the bueracacy crap

    USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification





    chanduv23
    12-09 12:38 PM
    Come on folks. So many people visit IV everyday. This time IV needs funds for lobbying. All you have to do is to contribute. So please

    CONTRIBUTE CONTRIBUTE CONTRIBUTE



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