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  • hopefull_in_guam
    02-05 07:06 PM
    Sorry if this is not about GC or any US immigration processes...i just would like to know if anybody can help me or provide me the procedures to obtain Canadian PR. I already had an assessment done (me and my husband under H1 here in US as Accountants ) and we have I-140 and 485 pending. We are thinking of trying Canada.

    I always checked and read this site but this is my first post and your help would be greatly appreciated.

    Thanks in advance.




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  • mirage
    03-26 08:59 AM
    I don't know how you have calclated that. As far as I remember seeing various threads on this forum, there are atleast 5-6K EB3 in 2002 and similar number in 2003 for India. Considering 2.5 number used per family I an guessing we need atleast 20-25K Green card numbers for EB3 to move beyond 2003. With just 3300 EB3 available per year, my guess is it'll take 4-5 years for cuttoff dates to go past 2003. I may be pesimistic, but this country's immigration system has taking all optimism out of our American dream...
    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2




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  • alias
    08-18 02:23 PM
    We don't have much options. Let us jointly send letters to Ombudsman and USICS director and hope something will come out of it.

    The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!

    I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.




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  • wc_user
    07-25 10:16 PM
    What happened to EB3-I, call to action ? I sent out the letters ,but what is the follow-up ? Looks like everyone is interested only in EB2 India and nobody is doing anything about EB3-India.



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  • anzerraja
    07-20 08:51 AM
    Thanks anjs !!!!

    Can you please quote the amount you are pledging, so that we can keep track.

    Count me in.




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  • chem2
    08-15 10:48 PM
    EB3, Jan 2004

    Chem2, can you please share your PD and EB category ?
    Just wondering if EAD approvals are faster for EB2.



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  • chanduy9
    07-03 12:50 PM
    Order # FNM1314828


    Guys do it..lets try our best.

    Thanks,
    Chandra.




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  • vjverma
    07-19 10:07 PM
    count me in for a 100 as well.



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  • lost_in_migration
    05-01 04:36 PM
    INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS

    http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4

    PART 2 [CONTD.]

    (II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.



    (III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).


    (IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .


    (C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.

    (3) Skilled workers, professionals, and other workers.-

    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):

    (i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.

    (iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

    (B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).

    (C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .

    (4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .

    (5) Employment creation. -


    (A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--


    (i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and

    (ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).


    (B) Set-aside for targeted employment areas.-

    (i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.


    (ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).


    (iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

    (C) Amount of capital required. -

    (i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.

    (ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).

    (iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -

    (I) is not a targeted employment area, and

    (II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).

    (D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.


    (6) Special rules for "k" special immigrants. -

    (A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).

    (B) Counted against numerical limitations in following year.-

    (i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .

    (ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.

    (iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]




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  • ArkBird
    09-09 08:54 PM
    It's more like 500K and on the plus side you get your own business! :)

    Boss,

    Is it not true that you would need to invest 1 million or so to get the GC ?, i am EB 2 with PD July 09 (not approved yet), my options are, a) go back b) go back c) go back , so i guess we will wait for this CIR, if it does not pass, and if I am still here, then I am outta here :cool:



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  • nefrateedi
    08-01 06:52 PM
    My I140 was approved at California center and my 485 is sent to Nebraska on june 22. Is that a problem?

    You are fine. The direct filing update is only as of July 30.




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  • Maverick1
    09-30 01:44 AM
    You might need additional documentation only in cases of RFE. In most cases there are no RFEs. I know a friend of mine was job less for a year and changed 2 jobs under AC21(with different salary ranges ) after applying 485. Never informed USCIS (I guess it is not mandatory). He got his GC recently. He probably would have faced difficulty if there were any RFEs.

    One should be okay as long as the following are met :

    1) 180 days sice I485 RD
    2) Approved I140 (Some say approvable , but safe it is already approved)
    3) New job is substantially similar.

    Again it was not clearly defined what is substantially similar and I don't think there is any hard and fast rule about the salary changes. That leaves a lot to the discretion of the adjudicating officer. That is why it is important that (s)he trust the original intent of the beneficiary to join the employer and employers intent to recruit the beneficiary.

    There must be a memo with some clarifications in this regard.

    My 2 cents :)



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  • shreekarthik
    10-09 12:08 AM
    How about forcing FBI remove reference files from the name check? Basically put the name check process back to how it was pre-Nov. Dec. 2002 ? Here's the story of name check

    In Oct-2002 a person was cleared by FBI as having no records but INS somehow found that he was involved in foreign counter intelligence investigation. So it asked FBI how such a person could be cleared with no records. At that time FBI checked only the main files (even today FOIPA requests checks only the main files) and it didn't find that guy in the main file. It then queried the reference files and found him there. So instead of investigating why the agent did not add this record to the main file what it did was add the reference file to search. The reference file will have all sorts of records, good or bad including stuff like traffic tickets, witness to a crime, FBI Tipping etc. So now if a person has a hit FBI has to determine whether that hit was due to a good deed or bad deed from the person. What kind of stupid decision is this ? If a fellow was missed in the main file then action should be taken to fix the main file not add all and every other file to the search and start manually separating wheat from chaff.

    If the name check process is reverted to pre nov. 2002 mode things will definitely move fast.




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  • reedandbamboo
    10-04 08:13 PM
    Hello all,

    My I-485 and EAD applications were delivered on July 18th at the TSC. Since then, I have not heard from USCIS until this evening, when to my delight, I received the EAD card in my mailbox!

    May I know if the EAD receipt # is the same as the I-485 receipt number? I tried to check my case status online with the receipt # on my EAD card but the only information I could see was for Form I-765. Could somebody please clarify this?

    My attorney isn't the most helpful person and she has been silent ever since I filed the I-485 & EAD. Also, she issued her own firm's checks to USCIS for the filing of these documents so I don't know if the checks were cashed (and therefore, cannot check for the receipt notice on the back of the check). I intend to call her t'row.

    Thanks!



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  • bbct
    02-12 12:22 PM
    If you have h4 stamp in your passport , you can go out of the country and comeback in and you would be back in h4 status. Short of that I don't see any other option. Ohers please chip in with your ideas.

    Once your new status is approved you cannot go back to any prior status. Even if you have an unexpired H4 visa stamp in your passport, it becomes invalid. You would have to get the passport stamped again at the US Consulate.




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  • n2b
    08-13 11:29 AM
    Ok saw the Receipts - The ND is 8/4/2007 (they are working on Saturdays)



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  • simple1
    05-04 10:39 PM
    22CFR 42.32 is not INA.
    22CFR 42.32 is not the law.
    INA is the law.


    See the post of "vbkris77".

    The specific law is at: 22CFR 42.32
    (http://edocket.access.gpo.gov/cfr_2007/aprqtr/pdf/22cfr42.32.pdf)

    And it specifically states that the derivative is entitled to same "classification".

    =======
    (2) Entitlement to derivative status.
    .......is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
    =======




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  • SunnySurya
    08-18 02:14 PM
    So far I have abq_gc, Johnamit , Singhsa3 , SunnySurya and pamposh(5 and counting ) . I need more..




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  • akhilmahajan
    04-14 09:54 AM
    For people who have already landed and were not able to get a PR card applied, please follow the following link and apply for it.

    http://immipedia.ca/CIC_call_centre

    You need to have the following documents with you when you make the call:-
    1. Landing Paper which you got stapled to your passport.
    2. All the people who landed, as you cant apply for your spouse or kids PR.

    Please let me know if you have any questions.

    GO IV GO




    sina
    11-18 03:07 PM
    Will send the email.




    harikris
    09-10 09:28 PM
    Harikris, I hear you. People are in different situations. I was not mad about moving to this country and for a long time, I preferred travelling instead. Then I reached a point where I preferred to be with my family and thought it is best if we move here and we filed for our GC at the same time. If it does not work out, I am entirely content moving back. Heck, even if it does work out, I might move back.

    I am not crazy enough for my GC to spend all my waking hours trolling forums and calling people names. It is just not worth it. I do donate, the same way that I donate to the local zoo and botanical garden. I give them money to run something so that I and others may benefit from it. The people who run it are passionate about it and do it for themselves and others.

    If things work out, everyone will benefit, the people who worked, and those who didn't, the people who donated and those who didn't. When India fought for its freedom, people donated money and time. I am ready to bet that less than 1% joined in the strugle. There were people who worked for the british government and there were people who went on with their lives. Everyone got freedom, the people who worked got recognized and remembered. That is life.

    The ones who are desperate need others to pitch in to create a critical mass in terms of both money and numbers. I think this realization needs to sink in and insulting people into getting donations out of them is probably not a strategy that will work very well.

    These forums are an excellent rallying point and I think more people being helpful and polite will go a long way.

    Of course, I say all this with my leathery skin waiting to be called a useless idiot who writes bullshit.

    Deepak,
    You are very practical and have excellent points.
    Sometimes, ppl do get carried away by their passion (height of desperation if one looks at it another angle). We have to accommodate folks that cannot have a nonchalant attitude towards Immigration. Just like health care, GC stirs up our deepest and strongest emotions. For many, GC is an all-or-nothing proposition (again let's not fret about why it might be so, because they might have their own good reasons). Regardless, i agree with you completely, civility should not be lost. We have a broken Immigration system - all i care is how to fix it.

    I am becoming a donor for the following reasons -
    1. It is better to be informed and be involved rather than be "out of the loop" or in the dark
    2. It is not free to get anything done in the commercial capital of the planet
    3. Selfish motivation - life is short. i would like to see the end of this struggle as soon as i can. personally, cannot be a mute spectator esp. when i see someone else fighting for MY cause and I being fortunate to lend a helping hand
    4. Altruistic motivation - gives some meaning to life whether we get anything done or not at the end of the day. if successful, would have the satisfaction of being part of the solution - the intangible benefits of that feeling is unexplainable.

    Wish us luck and my best to everyone in all their endeavors.



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