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  • hopefulgc
    01-04 02:24 PM
    sort ascending by pd.
    Pick all that are current and all processing is completed.
    Then, sort ascending by receipt date.
    issue gc.



    hi i have a question here:

    suppose some x's labour PD date is 2004 August and some Y's PD date is 2006.
    Y Applied I-485 on July2nd 2007 and X applied on Aug10th 2007.
    so whose application processed first? is x's or Y's for final GC process.
    thanks for your answers.





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  • gauravsh
    03-28 12:26 PM
    If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.

    Thanks, but will there be any charges against me for not filing the taxes before.
    WIll it effect my immigration status.





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  • chandrajp
    06-21 12:10 PM
    You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.

    It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.

    Good Luck!
    You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you





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  • rongha_2000
    10-18 05:55 PM
    Thats not true.. A few days back I read on IV forum itself that around 10K were wasted this year too.

    DOS & USCIS will have all data entered into their systems once they receipt all these 320k cases. Using past USCIS processing speed as another input, DOS should be able to issue accurate EB cut-off dates in all categories.

    One can only really hope that they do this more accurately atleast by next bulletin & move forward cut-off dates.

    In absence of any legislative changes so far, the EB community should really push for processing efficiencies more. (So far looks like atleast no visa numbers were wasted in FY 2007)



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  • vrbest
    07-10 11:42 AM
    I sent my supporting documents for e-filing to NSC PO box and it reached next day noon. I also got LUD next day.

    This is what I see on the USPS Tracking details.

    '"Your item was delivered at 11:03 AM on July 8, 2008 in LINCOLN, NE 68501 to INS EXPRESS . The item was signed for by F HEINAUER."

    Hope this helps!

    You are right - The status changed today saying some one has picked it up - So express mail is good for sending.

    Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????





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  • HOPE_GC_SOON
    07-15 10:56 AM
    Guys:

    My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,

    Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).

    Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:

    Any advise from Seniors/ Gurus.. :)

    Thanks in Advance



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  • CRAZYMONK
    09-24 09:59 AM
    Hi All,
    Thanks in Advance...
    I got an email from USCIS that my and my wife's I-485 got RFE''s
    I files my 485 through lawyer,I recently moved to new location...
    Will the rfe notice come to me or my lawyer...
    I updated the old address on the day i got RFE notice?
    Please advise...


    It should go to your attorney for whom you signed G-28.





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  • Gowtham Nalluri
    06-29 11:53 AM
    All my paperwork is done and my lawyer said she is going to mail the application on monday and should reach USCIS by Tuesday.



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  • immig99
    01-19 01:10 AM
    Hi All,

    Here is my case , when i went to f1 - h1-b stamping in mexico, they issued me 221-g & asked me to got to india for stamping..( but they allowed me to enter usa)..later i applied for AP & EAD, got both ( recently i got i-140 query)
    (RFE due date Mar10)
    Here are my doubts:
    1. can i go to india & comeback with AP in hand
    2. Do i need to wait for my i-140 approval
    3. my question is what if my i -140 rejects ??


    Appreciate your feedback..

    Thanks!!!!!





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  • maverick_joe
    05-05 04:20 PM
    when did you file your 485? I really woudnt balme you for calling multiple times..but if its been 60 days since the current processesing dates(check the processing date of the service center you filed your case at) then there is absolutely no harm calling them to check the status.

    Finally, I am current now, I spoke to IO today again ( Again means I call them every month, every week atleast once & So far I got Nice IO's)
    She said your case is in current processing time, has not been yet assigned to any officer. checked all the status NC/SC/FP, everything is clear, just waiting for an officer to be assigned. call back after 15-20 days If I dont get any response.

    I wanted to know that what impact does one have for calling IO's multiple times.

    EB3, Oct'01
    485- Jun 1st 07
    No LUD's since Aug ( Address change)
    Applied for 2nd AP & EAD last week.



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  • eb2_mumbai
    10-16 11:05 AM
    eb2_mumbai,
    Most your recent postings are logical but still so much red here- I gave you green.

    Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

    Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.





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  • cagedcactus
    07-24 04:01 PM
    My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
    My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
    I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.

    I need help from the GURUs here. Is the above possible?
    My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.

    Please help me out. I need to act soon on this.
    Many thanks in Advance.......



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  • anilsal
    08-05 04:13 PM
    from annualcreditreport.com (this is a site from the 3 credit agencies), you can see all the addresses that your credit card bills went to. So there is a record of where you actually lived in the last 3-5 years.

    By the way, by law you are entitled to a free credit report annually. You can get it from the afore mentioned site.





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  • sidbee
    10-26 05:18 PM
    My wife called Air France and France's Atlanta consulate. She will be requiring Airport Transit Visa B.

    She will have to mail her original and one copy of passport and I 20 form with $ 86 Visa fee for Airport Transit Visa and an Express mail self address envelope.

    Also Air France is going charge $ 50 each for extra bag after first (I received a mail about baggage fee after booking my ticket).

    I will never again travel with Air France, British Airway and Lufthance even after geting GC. Today these three airlines lost a customer for life.

    These three airlines don't need desi's business.:mad:

    if u booked just today online , u may be able to get a refund without any penalty..some airlines do that , i am not sure about airfrance.



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  • tanaysengar
    02-22 05:15 PM
    I turned out to be my I-485 approval notice!

    I just received it yesterday.

    Thanks all.

    Freedom1.

    ---------------------------------------
    Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?





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  • DianaSteve
    12-07 11:23 AM
    I cannot find the status online or on the phone. I get the same message. They don't give info to the beneficiary. So attorney called and after spending 30 mins on the phone they were able to locate my I140. He said that once they put it online they will sent an email. This was few weeks ago and still nothing happened. But my employer received a letter from Nebraska stating that attorney or someone called to find the status of the I140 and that it will take some days(I don't remember the exact number as I know that it will take much longer than what they specified) to process this case.

    There are so many people who are in this situation.

    Hope this helps.



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  • onemorecame
    11-15 04:00 PM
    Hi

    I am a teacher on H1B. I am here with a company GTRR. If you are a math, science or special education teacher you can get job easily. The company site is gtrr.net.

    yes She is Math teacher.
    What is process of getting H1B. Is they are applicable for H1B or they need diff VISA. then what is the process of getting that. or if they are applicable for H1b then it is the same process as for S/W Prof.

    sdudeja: I sent you PM, Please look it

    Is any other thing which we need to take care about.
    Thanks





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  • vijayfx35
    03-02 06:16 PM
    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.





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  • ashrock11
    01-08 09:06 PM
    Hi,

    Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?

    Thanks





    anilkumar0902
    11-01 12:05 AM
    PVGanesh,
    Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.

    Good luck.

    Cheers





    saketkapur
    07-27 05:24 PM
    ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)


    Unlawful Presence: Myths and Realities

    Ron Gotcher

    Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.

    A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.

    The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.

    Nonimmigrants are not required to maintain their status after filing for adjustment of status.

    Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.

    It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.

    There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.

    Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.

    Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.

    The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.

    The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.

    There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.

    Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.

    Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.

    Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.

    Ron Gotcher


    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved