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  • GCaspirations
    10-02 11:53 AM
    Can one apply for Social Security # after getting EAD card ?

    Once you received your EAD card, you can apply for SSN.




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  • dontcareaboutGC
    03-19 11:24 AM
    Ignore this if this is a repost!

    U.S. House of Representatives
    Committee on the Judiciary
    Subcommittee on Immigration, Citizenship, Refugees, Border Security,
    and International Law
    Hearing on Comprehensive Immigration Reform: Government Perspectives
    on Immigration Statistics

    Testimony of Charles Oppenheim
    Chief, Immigrant Control and Reporting Division
    Visa Services Office
    U.S. Department of State

    June 6, 2007
    2:00 p.m.
    2141 Rayburn House Office Building

    Chairman Lofgren, Ranking Member King, and distinguished members of
    the Committee, it is a pleasure to be here this afternoon to answer
    your questions and provide an overview of our immigrant visa control
    and reporting program operated by the U.S. Department of State. The
    Department of State is responsible for administering the provisions of
    the Immigration and Nationality Act (INA) related to the numerical
    limitations on immigrant visa issuances. At the beginning of each
    month, the Visa Office (VO) receives a report from each consular post
    listing totals of documentarily-qualified immigrant visa applicants in
    categories subject to numerical limitation. Cases are grouped in three
    different categories: 1) foreign state chargeability, 2) preference,
    and 3) priority date.

    Foreign state chargeability for visa purposes refers to the fact that
    an immigrant is chargeable to the numerical limitation for the foreign
    state or dependent area in which the immigrant's place of birth is
    located. Exceptions are provided for a child (unmarried and under 21
    years of age) or spouse accompanying or following to join a principal
    to prevent the separation of family members, as well as for an
    applicant born in the United States or in a foreign state of which
    neither parent was a native or resident. Alternate chargeability is
    desirable when the visa cut-off date for the foreign state of a parent
    or spouse is more advantageous than that of the applicant's foreign
    state.

    As established by the Immigration and Nationality Act, preference is
    the visa category that can be assigned based on relationships to U.S.
    citizens or legal permanent residents. Family-based immigration falls
    under two basic categories: unlimited and limited. Preferences
    established by law for the limited category are:

    Family First Preference (F1): Unmarried sons and daughters of U.S.
    citizens and their minor children, if any.

    Family Second Preference (F2): Spouses, minor children, and unmarried
    sons and daughters of lawful permanent residents.

    Family Third Preference (F3): Married sons and daughters of U.S.
    citizens and their spouses and minor children.

    Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
    and their spouses and minor children provided the U.S. citizen is at
    least 21 years of age.

    The Priority Date is normally the date on which the petition to accord
    the applicant immigrant status was filed, generally with U.S.
    Citizenship and Immigration Services (USCIS). VO subdivides the annual
    preference and foreign state limitations specified by the INA into
    monthly allotments. The totals of documentarily-qualified applicants
    which have been reported to VO are compared each month with the
    numbers available for the next regular allotment. The determination of
    how many numbers are available requires consideration of several
    variables, including: past number use; estimates of future number use
    and return rates; and estimates of USCIS demand based on cut-off date
    movements. Once this consideration is completed, the cutoff dates are
    established and numbers are allocated to reported applicants in order
    of their priority dates, the oldest dates first.

    If there are sufficient numbers in a particular category to satisfy
    all reported documentarily qualified demand, the category is
    considered "Current." For example: If the monthly allocation target is
    10,000, and we only have 5,000 applicants, the category can be
    "Current.� Whenever the total of documentarily-qualified applicants in
    a category exceeds the supply of numbers available for allotment for
    the particular month, the category is considered to be
    "oversubscribed" and a visa availability cut-off date is established.
    The cut-off date is the priority date of the first
    documentarily-qualified applicant who could not be accommodated for a
    visa number. For example, if the monthly target is 10,000 and we have
    25,000 applicants, then we would need to establish a cut-off date so
    that only 10,000 numbers would be allocated. In this case, the cut-off
    would be the priority date of the 10,001st applicant.

    Only persons with a priority date earlier than a cut-off date are
    entitled to allotment of a visa number. The cut-off dates are the 1st,
    8th, 15th, and 22nd of a month, since VO groups demand for numbers
    under these dates. (Priority dates of the first through seventh of a
    month are grouped under the 1st, the eighth through the 14th under the
    8th, etc.) VO attempts to establish the cut-off dates for the
    following month on or about the 8th of each month. The dates are
    immediately transmitted to consular posts abroad and USCIS, and also
    published in the Visa Bulletin and online at the website
    www.travel.state.gov. Visa allotments for use during that month are
    transmitted to consular posts. USCIS requests visa allotments for
    adjustment of status cases only when all other case processing has
    been completed. I am submitting the latest Visa Bulletin for the
    record or you can click on: Visa Bulletin for June 2007.

    BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
    FREQUENTLY MISUNDERSTOOD POINTS:

    Applicants entitled to immigrant status become documentarily qualified
    at their own initiative and convenience. By no means has every
    applicant with a priority date earlier than a prevailing cut-off date
    been processed for final visa action. On the contrary, visa allotments
    are made only on the basis of the total applicants reported
    �documentarily qualified� (or, theoretically ready for interview) each
    month. Demand for visa numbers can fluctuate from one month to
    another, with the inevitable impact on cut-off dates.

    If an applicant is reported documentarily qualified but allocation of
    a visa number is not possible because of a visa availability cut-off
    date, the demand is recorded at VO and an allocation is made as soon
    as the applicable cut-off date advances beyond the applicant's
    priority date. There is no need for such applicant to be reported a
    second time.

    Visa numbers are always allotted for all documentarily-qualified
    applicants with a priority date before the relevant cut-off date, as
    long as the case had been reported to VO in time to be included in the
    monthly calculation of visa availability. Failure of visa number
    receipt by the overseas processing office could mean that the request
    was not dispatched in time to reach VO for the monthly allocation
    cycle, or that information on the request was incomplete or inaccurate
    (e.g., incorrect priority date).

    Allocations to Foreign Service posts outside the regular monthly cycle
    are possible in emergency or exceptional cases, but only at the
    request of the office processing the case. Note that, should
    retrogression of a cut-off date be announced, VO can honor
    extraordinary requests for additional numbers only if the applicant's
    priority date is earlier than the retrogressed cut-off date. Not all
    numbers allocated are actually used for visa issuance; some are
    returned to VO and are reincorporated into the pool of numbers
    available for later allocation during the fiscal year. The rate of
    return of unused numbers may fluctuate from month to month, just as
    demand may fluctuate. Lower returns mean fewer numbers available for
    subsequent reallocation. Fluctuations can cause cut-off date movement
    to slow, stop, or even retrogress. Retrogression is particularly
    possible near the end of the fiscal year as visa issuance approaches
    the annual limitations.

    Per-country limit: The annual per-country limitation of 7 percent is a
    cap, which visa issuances to any single country may not exceed.
    Applicants compete for visas primarily on a worldwide basis. The
    country limitation serves to avoid monopolization of virtually all the
    annual limitation by applicants from only a few countries. This
    limitation is not a quota to which any particular country is entitled,
    however. A portion of the numbers provided to the Family Second
    preference category is exempt from this per-country cap. The American
    Competitiveness in the Twenty-First Century Act (AC21) removed the
    per-country limit in any calendar quarter in which overall applicant
    demand for Employment-based visa numbers is less than the total of
    such numbers available.

    Applicability of Section 202(e): When visa demand by
    documentarily-qualified applicants from a particular country exceeds
    the amount of numbers available under the annual numerical limitation,
    that country is considered to be oversubscribed. Oversubscription may
    require the establishment of a cut-off date which is earlier than that
    which applies to a particular visa category on a worldwide basis. The
    prorating of numbers for an oversubscribed country follows the same
    percentages specified for the division of the worldwide annual
    limitation among the preferences. (Note that visa availability cut-off
    dates for oversubscribed areas may not be later than worldwide cut-off
    dates, if any, for the respective preferences.)

    The committee submitted several questions that fell outside of VO�s
    area of work, therefore, I have provided in my written testimony today
    the answers only to those questions that the Department of State can
    answer. Thank you for this opportunity.




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  • rongha_2000
    10-02 11:59 AM
    My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?

    Once you received your EAD card, you can apply for SSN.




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  • mayhemt
    04-29 08:16 PM
    If only their future was clear... they would have a tleast bought a house, if not start a business.
    150 000 * 190 000 = 28 500 000 - Assuming 190K is median home price.
    28.5 billion $ went unused.
    This is just the real estate - not even counting other in-direct purchases, cars, furniture, other related services.

    150 000 * 100 000 * (6%) = 900 000 000 : Assuming 100K is their annual salary, US lost earning 900 million $ in SS contributions.

    May be we should show a factor to US Govt, each unused visa equals to XX unused economy dollars.

    Homes purchases lost : 28 Billion
    Social Security unearned: 900 Million
    Effect of guy yelling "Tuk Yer Job": Priceless.
    (If you watch South Park, you would understand the above...)



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  • maine_gc
    04-20 04:02 PM
    I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.

    So what does the gurus suggest?




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  • Madhuri
    02-24 05:17 PM
    You first need to apply for SSN based on your pending I-485 application.



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  • Kodi
    11-13 12:53 PM
    How do we know that I-140 is "approvable"?




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  • ash27
    03-31 10:35 PM
    I've read multiple posts but it is not clear if an EAD recipient can do contract work on W2.

    My situation is that I work for a desi consulting co. and currently doing corp to corp with TekSystems. TekSystems is OK to employ me as a W-2. However, it is contract based employment. Could Gurus please advice if an EAD recipient can work on W-2 with vendors like TekSystems.



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  • mambarg
    08-01 01:26 PM
    But dont you guys expect improvement after all this fiasco ?
    Do you not agree that INS will learn some lessons from this ?

    Since DOS does not know or INS cannot tell DOS how many apps it has waiting for approval , then how will DOS decide on the monthly cutoff for EB categories ?
    With all the fiasco. DOS will definitely ask INS and get the estimate before deciding cut off.
    INS also promised that they will work with DOS to make this cutoff process proper ?
    I dont know the details, but we may see a definite change henceforth.
    So be ready for more surprises in coming months.
    Enjoy the ride.............




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  • willigetgc?
    01-21 11:09 AM
    I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)

    What do you think?



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  • checklaw
    07-13 11:36 AM
    Checklaw,

    By Law, you must apply for an intended travel.

    However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.

    I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.

    Thanks
    Senthil

    Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:

    Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?

    Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.

    Are AP extension gaps fine with respect to expired or no H1B visa.
    BR
    checklaw




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  • dalasengineer
    10-04 04:38 PM
    I was issued a license based on my EAD expiration date. Same for my wife. We went back to DMV to get license extended based on I 94 expiry date. My I94 expiry date was different than ED expiration date as the customs gave expiry date which is 1 year later than EAD expriation date. I asked the customs officer why the date was different than my EAD date. He told my stay was valid till my I94 expiry date.
    Anyways, IOWA DMV extended our license based on I94 date and we came back happy to know that we shall not have to walk in -30F to fetch our grocery as we wait to get our renewed EAD..

    regardss



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  • chanduv23
    12-11 10:57 AM
    Country EB1 EB2 EB3
    S Korea 1,923 7,125 4,727
    Philippines 310 2,057 5,625
    UK 3,472 2,043 909
    Canada 2,368 3,404 1,207
    Mexico 1,457 1,348 4,021

    Now the question is why is there no 7% quota for South Korea ?

    Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list




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  • kerstbrd
    08-31 12:53 PM
    maybe I should register another country, declare war on your's, and then all your citizens can apply for refugee/asylum.



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  • CADude
    11-20 11:53 PM
    I sent too..

    message sent to CBS60 minutes...




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  • GCWhru
    08-20 01:31 PM
    Also one strange thing observed was that I have a receipt # SRC07264**** and my wife's case has a receipt # SRC07266****. Also we received the receipt notices 2 days apart.

    IndiaNJ , GCWhru... Do see any thing like this on your receipt dates.

    Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.



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  • tnite
    10-10 01:04 PM
    Service request ?? What is that ??

    Anyway, I understand that many people are in the same situation and that makes it a bit better. I will wait... Thanks for the replies...

    Its just scary that after all these years they might consider the case abandoned if you don't receive the damn FP letter. Some guys didn't even get the receipts yet. I feel for those...

    P.S.: Anybody got the case closed because they missed the FP appointment ? Is there a way to reopen it ?

    Thanks again guys !
    Call USCIS and ask them to put in service request i.e internal investigation
    Thenyou have to wait for 30-45 days for them to get back to you.




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  • Berkeleybee
    09-19 09:03 PM
    I hope you all took note of the fact that the article dates from May 6, 2006. Very old news. Discussed in the news article thread. IV also wrote a response to NYT.

    See
    http://immigrationvoice.org/forum/showthread.php?t=280&page=28




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  • ineedhelp
    07-22 11:45 AM
    Hi All,

    Thank you for your overwhelming response. I did spoke to an attorney and rightfully got sucked out with $$ but it gave me some peace of mind for sure.

    1. His recommendation was that the maximum penalty in my case would be 10,000 $ + 2 months notice as given i my policy. Apart from this wipro cannot claim any more and again this could be challenged if asked for in USA but would work in wipro's favor if it is claimed in India.
    2. But he did mentioned that many of other clauses could be challenged.
    3. He also cautioned me that Wipro cannot be bounded to give my Experience letter :(

    Bottom line is i'm ready to pay 10,000$ + remaining 4 weeks notice and get a clean exit. Yes some of you might argue otherwise but i thought from my personal perspective this is right decision as i have plans to get my GC processed.

    @JRG, hope this helps u.

    @reddyram,LONGGCQUE, gc28262, pagal, crazymonk ... I'm greatful to each one of you. @LONGGCQUE your specifc response was most helpful to me as it ideally match with my situation without any disrespect to others as each one of your suggestions have made to stand up against Wipro!!

    Thanks Again.
    ineedhelp (may be in future i will help as well!!! Time to change my user id :)




    h1bemployee
    02-25 06:07 PM
    I came to US on h1b visa in Feb 2007.... after joining my first job my employer applied for a change in LCA because of the new salary(which is less than the original)... USCIS replied to that amendment after 16 months with an RFE... My comapany responded to that RFE and after that they got a reply from the USCIS that the H1b amendment is denied....

    My employer told me that I have to leave USA with in the next 2 weeks. But my h1b is valid up to sep 2009.

    what are the options for me?

    can I apply for a H1b transfer?

    please help




    waitnwatch
    07-15 04:27 PM
    As far as I know you donot need to file another I485.

    Hi Gurus,
    1) Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,

    2) Is it possible to file second EB2 I-485 through my future employer?

    3) If file second 485, what will be affect on pending I-485?

    Thanks



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