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  • banta4u
    07-13 03:33 PM
    Hee Hee - U think that a lawyer like Greg Siskind - doesn't make sense.....
    I bet - he is on the money....

    The only thing USCIS can do at it's own discretion is issue Public Notices / Memoranda....Nothing more

    I am guessing they can only do is - take back their public notice of 485 rejecting in July....It was their call and they can take it back....Department of State never endorsed the idea....USCIS goofed up on the occassion and got DOS into it and did the 485 rejections....





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  • titu1972
    11-07 01:11 PM
    I have applied my I-131 through e-file. Immediately I got the receipt no(LIN##########).
    Can anybody tell me what supporting document I need to send to NSC.
    By the way, I got my EAD. I don't want to spend money such stupid form fill up which takes 10 min by the attorney.





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  • immigrant-in-law
    04-24 08:50 AM
    The same happened in my case. Got informed by the lawyer yesterday that my wife's 485 has an RFE and that USCIS has asked for a copy of marriage cert and some pictures of the ceremony/celebrations etc. I do remember sending them this stuff when we initially filed 485.

    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.





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  • manohar77
    07-23 12:14 PM
    R Pitcher



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  • a_yaja
    12-17 12:46 PM
    Hi,
    What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
    So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
    While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
    Have anybody got into problems or delays?
    I just want to have the right information handy just in case.
    Please help by sharing the right answer. Thanks in advance

    I think that the total limit is $10K for a family (not person). If I remember correctly, on entering the country, we are asked to fill only one customs form for the entire family - and it clearly states in that form that the total allowed is a max. of $10K per person.

    Having said that, the following are considered to be cash (not fully inclusive):
    1. Traveler's check
    2. Cash
    3. Checks
    4. Money Order
    5. Cashier's check

    The following is not considered as cash:
    1. Credit cards
    2. Debit cards

    So if you would want to send more than 10K out of the country and not want to get into any issues and also be on the safe side, it would be a good idea to pre-load a debit card and then send it with your parents.





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  • obelix
    07-25 08:12 PM
    My attorney tells me they don't give employees copies of labor applications.

    Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?



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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.





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  • h1techSlave
    04-09 09:45 PM
    In my experience, the best Realtor is the the guy who would stick with you, when some unexpected things happen in the deal. Example: One of my friends purchased a home. After every thing was done, they noticed a major repair costing a couple of $1000. When my friend talked to the seller, the seller simply washed their hands off, saying the deal is over. Then my friend contacted the Realtor and explained the situation. And the Realtor took over and got the repair done by the seller with only a nominal payment from the buyer.

    If you buy a home worth 300,000 and if the Realtor gives back 0.5% (typical) or even a 1% that amounts to only $1500-$3000. Not really a very big amount considering the cost of the house.

    I would answer this:
    The best realtor is the one who can give you some money back from his commission...:)



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  • piyu7444
    07-13 05:29 PM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks

    Almost every time landed @ delhi and then got to a domestic flight (@ Indore - lot of times)

    It all depends on your international arrival and next connection to domestic city (how long is lay over?) You can get a good connection from New york to mumbai to indore with airline A due to its flight schedule but you might not get the same ''good connection'' with airline B as it just has a different schedule.

    So it depends on the following
    -From where you fly
    -When you reach
    -When is the first avaiable domestic flight
    -how much is the total cost

    :)





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  • rajenk
    02-11 12:56 PM
    Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?

    Looking for your replies.

    Thanks,
    Raj

    Contributed $300 so far.



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  • shana04
    05-17 06:27 PM
    You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.

    She has the second I-94.

    I am submitting that, but the RFE said to submit all the documents proving the status from entry till the time we have submitted our I 485 documents

    As per your comments, second I-94 is good enough, if that is the case. we are cool, but I would confirm that with attorney and post the details here. so that it would be helpful for others.

    Thanks for your reply.

    Shana





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  • Hey Ram GC
    05-05 05:33 PM
    I did try to change the title, but can not. In the body, i did, but main page, i can not.
    BUT I can wish about EB3- India to be current soon



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  • newuser
    04-15 12:15 PM
    Congratulations and enjoy the freedom





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  • desibechara
    08-02 11:21 AM
    Well few comments:
    - For LC you cannot use your current work exp...it has to be relevant prior one
    - Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
    - Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
    - For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.

    Thanks and take care
    Best Regards,


    So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..

    Anyway for not to waste time in RFEs I might as well get the letter!

    DB



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  • roseball
    10-17 07:55 PM
    Hello,

    I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).

    My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.

    I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?

    Thanks!

    What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.





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  • gcformeornot
    10-12 02:16 PM
    My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
    Change to H4 till the employer asks to join back and then change to H1?

    Please suggest

    maternity leave can only be justified for maybe 3-4 months after delivery.... I think she is out of status. If there is no job, change status to H4 or something.....



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  • CADude
    02-08 12:36 AM
    Mean Nothing if you PD is not CURRENT. If your PD is current you will get GC Soon.:D

    What I am asking is "what does processing date mean"?
    Does it mean that they have started working on my application?
    or that the cases on that date have been finalised either by way of approval OR denial ?





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  • dkshitij
    09-30 03:14 PM
    Sorry to bust your bubble. But this is not a India only forum. Immigration voice intends to represent all immigrants.





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  • factoryman
    02-09 07:46 PM
    Feel free to use this material and beat the efforts to snatch unused EB3 visas. Demand that these be allocated to all retrogressed categories.

    U.S. Plan to Lure Nurses May Hurt Poor Nations

    As the United States runs short of nurses, senators are looking abroad. A little-noticed provision in their immigration bill would throw open the gate to nurses and, some fear, drain them from the world's developing countries.
    ............
    The exodus of nurses from poor to rich countries has strained health systems in the developing world, which are already facing severe shortages of their own. Many African countries have begun to demand compensation for the training and loss of nurses and doctors who move away.
    ....................
    Public health experts in poor countries, told about the proposal in recent days, reacted with dismay and outrage, coupled with doubts that their nurses would resist the magnetic pull of the United States, which sits at the pinnacle of the global labor market for nurses.
    ..............
    Removing the immigration cap, they said, would particularly hit the Philippines, which sends more nurses to the United States than any other country, at least several thousand a year. Health care has deteriorated there in recent years as tens of thousands of nurses have moved abroad. Thousands of ill-paid doctors have even abandoned their profession to become migrant-ready nurses themselves, Filipino researchers say.

    ................
    Holly Burkhalter, with Physicians for Human Rights, an advocacy group, said the nurse proposal could undermine the United States' multibillion-dollar effort to combat AIDS and malaria by potentially worsening the shortage of health workers in poor countries. "We're pouring water in a bucket with a hole in it, and we drilled the hole," she said.

    LINK at NYTIMES.COM (http://www.nytimes.com/2006/05/24/world/americas/24nurses.html?ex=1171170000&en=5f216b04314ec71c&ei=5070) (requires free registration)





    nsync1979
    06-18 02:22 PM
    Hi,

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help





    gumpena
    08-02 04:47 PM
    Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.

    Greg has picked this from ..
    http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf

    and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..