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  • rvenkat1976
    04-09 08:46 AM
    Thanks Fide Champ.

    Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?





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  • Prashant
    05-22 11:26 PM
    Cant remember precisely .. as soon as ones information is entered .. there's a link to add another passport..

    as far as I see it they gonna review them together.. but not sure





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  • cdeneo
    09-21 06:24 PM
    The text provided on the link below has the following section:
    ================
    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    ==========================================

    Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?

    Can someone please clarify? Thanks!

    Look at this document. This should answer lot of questions regarding AC21

    http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

    Thanks
    Karthik





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  • dvb123
    10-05 12:20 AM
    Visit Vizag aka visakhapstnam



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  • gc_on_demand
    05-19 02:45 PM
    Sounds like a good idea...for those of us who missed the summer 2007 bus, this may be the only way of getting to an EAD status in the near future, going by the recent Visa bulletins and retrogression of EB2 & non-availability of EB3 year-round.

    bump





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  • dealguy007
    05-11 04:23 PM
    smuggymba / getgreensoon1 / vdlrao

    While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers

    OP is busy, International Manager got a call from her TCS Manager.



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  • meridiani.planum
    01-08 12:03 AM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release)

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.



    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.

    no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

    P.S: fix the subject, it is too generic...





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  • reverendflash
    10-17 11:50 AM
    Kitiara:

    When you use Fireworks to make your animation, try converting to a symbol and using a tween, as in Flash...

    That will create a much smaller file size...it's one of the things the prog was designed for... :P

    If you need help, ask...

    Rev:elderly:



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  • Robert Kumar
    02-24 03:18 AM
    Hi-

    I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

    Thanks

    Good Q. What happens in this case.
    Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
    Anybody waiting for 6 months for h1B approval.
    Thank You,
    Bobby.





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  • Alabaman
    09-07 12:20 PM
    Please delete this thread... it is off topic and irritating.



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  • Blog Feeds
    01-14 08:20 AM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjZZav0lvxi_fBw_p4bHvfuaclGh8oSLkNFfwj4P6oXLSXVoie4HEF-tUXEsQ4KZcL5KY2SLmIoD1GGAZvzztQpBSDuzRO5O7SyaAOJqbe4coPk9MQNkGDn6GruQ5hbXaoY9Q_nS-AYpHQc/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjZZav0lvxi_fBw_p4bHvfuaclGh8oSLkNFfwj4P6oXLSXVoie4HEF-tUXEsQ4KZcL5KY2SLmIoD1GGAZvzztQpBSDuzRO5O7SyaAOJqbe4coPk9MQNkGDn6GruQ5hbXaoY9Q_nS-AYpHQc/s1600-h/uscisLogo.gif)

    The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.


    US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"


    CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:


    Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
    If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
    Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
    Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
    Does the petitioner hire, pay, and have the ability to fire the beneficiary?
    Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
    Does the petitioner claim the beneficiary for tax purposes?
    Does the petitioner provide the beneficiary with any type of employee benefits?
    Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
    Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
    Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
    The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:


    Self employment;
    Independent contractors;
    "Job shops".
    The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.

    The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:

    Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.

    The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.

    This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.









    https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)





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  • Lisap
    09-06 02:27 PM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

    I agree with fatjoe- that is probably the best way. You could always call customer service and see if they have any suggestions? Good luck to you



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  • chanduv23
    11-21 02:14 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    If he is in IT - no need to worry at all. Hiring is going on in full swing which is unusual for this part of the year.





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  • jsb
    09-17 01:42 PM
    I saw those guys in the situation room. I will look like their grandfather.:mad:
    You have company Andy. How old are you?



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  • kc_p21
    06-16 05:58 PM
    Chi_shark for your response.

    According to my lawyer, I can go on vacation (paid or unpaid) during the gap.

    Thanks





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  • vxg
    09-17 11:48 PM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

    Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.



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  • anilsal
    11-22 10:04 AM
    have a US visa stamped and has not expired, they will not let you board a plane to UK.

    If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.

    I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)





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  • krishjack
    03-25 12:56 PM
    Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents





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  • trueguy
    10-01 12:17 PM
    Do you think its possible to merge all the databases in just 10 days? How realistic is it?

    Howcome they put such a tight deadline for this database merger ? If they can do this in 10 days then Nov'2008 VB might have few surprises.

    Thanks.





    jsb
    11-05 03:24 PM
    Waiting for 180 days is hard....but its even harder for folks like me, who are waiting for 140 approval..The way things are, looks like it sgonna take much longer than 180 days for 140 approval...Only then I can even think of using AC21....But no complaints...Patience pays...:)

    You are not as bad as you think. Read USCIS guidance on the subject. If your I-140 is not approved by 180 days, you can still use AC21. In that case, the adjudicator while looking at your I-485, sees if filed I-140 was approvable. If so, you are good to go, provided you can prove that you have a new same/similar job offer.

    For USCIS guidance see Page 3, Q1 at: http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf





    sac-r-ten
    01-07 11:46 AM
    Did the office say that you are granted visa and the passport will be mailed. I know in Mumbai consulate, you can collect the stamped-passport the same evening.
    NewDelhi consulate will have an email address, email them and check. otherwise if you are there in the city visit the consulate and enquire.

    Just my thoughts.All the best.