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  • ngopikrishnan
    04-04 09:37 PM
    Read this thread: http://immigrationvoice.org/forum/showthread.php?t=16773

    FYI, my 8th thru 10th year H1B extension approval had the A# from I-140, not the one from I-485.





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  • H1B-GC
    04-17 12:35 PM
    however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:

    LOL.... Nice catch.;) . read it as fianc� the first time.





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  • GCBy3000
    07-11 05:02 PM
    Why only moderators my dear friend, even members will not like it. 99.9 % of the members are professionals and working for common cause with team spirit..





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  • theshiningsun
    10-08 04:50 PM
    eb2c 01jun06
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  • permfiling
    10-21 12:09 AM
    Attorney Prashanthi,
    if the AC21 is less then 6 months like for example a person had filed I140 and I1485 but 140 got approved after 3 months and the person had lost his job in the 5th month due to company shutdown and the person moved on to another company using AC21, will there be any issue during naturalization.

    Thank you





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  • makemygc
    07-26 09:21 AM
    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.

    Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.



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  • sandy_anand
    10-04 01:30 PM
    It was not supposed to be shown to Indians on IV

    Did you not read on the page
    [������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
    BTW: Please do not let Indian know it :-)

    Traitor.

    I hope you were just kidding about the "traitor" comment :-)





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  • TomPlate
    01-09 10:20 AM
    Hi Guys
    I know somany experts in this Forum

    I am some problem becoz of desi company

    I am working for Company A I applied GC from Company B

    I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll

    please help me

    I have problems which everybody can understand wht problems with desi company

    Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.



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  • manfrmind
    03-30 01:09 PM
    I am not 100% sure about this issue but� I do see couple of emails from attorneys regarding denying port of entry in NJ airport. If you come across of any cases please share.





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  • krishnam70
    05-01 04:51 PM
    Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.

    1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
    2. If your I-140 is denied, it will trigger the I-485 denial.
    3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.

    I am not sure but think you can use EAD if you go for appeal...

    So its always good to have H1B as back up for EAD and AP. At least you will be in status.

    you need to wait for the denial letter and see what can be done.

    - cheers
    kris



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  • kondur_007
    04-17 05:49 PM
    they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir

    lets start the undocumented bashing party now......

    I would agree with you on this. However, a failed attempt is better than no attempt.

    Problem is, politically we (legal immigrants) have no leverage and so only thing we can count on is to piggyback our agenda into CIR; whether we like or not like undocumented is a "secondary issue". Only potential damage that could occur to legal immigration (from CIR) is chocking up the system; and therefore, we have to include that in our efforts else legal immigration will be a history for about a century.

    Legislative relief is the only possible relief for EB3 India; else people who are already waiting for almost a decade will have another decade of wait; simply rediculous.





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  • dpp
    06-04 02:45 PM
    hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.

    Yah, may be yours is a peculiar case. But it won't happen like that always. If it happens to be like that, then you can ask the officer right away to give it to my the end date there on latest approval. Sometimes they are lazy, try to give to the date there on visa stamp only. But if you insist and show the latest approval, then will do it or if he/she can check other officers there and give it to the end date there on latest approval. It all depend on us and we need to check it properly and make sure that they are putting correct info.

    For one of my friend, they gave few more days after the date on approval. So, they can put any date on I-94, if they want to. There is nothing wrong. It is upto the Port of entry officer.



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  • zCool
    02-20 09:03 PM
    Just wait it out till you get I140 approved.
    What is the hurry?
    What would happen in another 6-12 months?
    In you case, lets say company B decides to let you go .. then at least you should get them to agree to give support till 140 comes thro'
    Otherwise they will be well within their moral right to withdraw 140 app and then where will you be?

    Why do you want to do it? JUST WAIT IT OUT!





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  • redgreen
    07-15 08:10 PM
    Why blame USCIS when you classify yourself as EB3!

    Your profile says you are EB3. I hope it was put by you not by USCIS.
    May be your I-140 was also for EB3, a misclassification by you. Do you remember?



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  • neel_gump
    05-12 03:20 PM
    Security Checks : How and Why

    The U.S. Citizenship and Immigration Services (USCIS) issued a Fact Sheet on April 25, 2006 regarding security checks under the U.S. immigration system. The purpose of the article is to explain the various types of security checks. As many MurthyDotCom and MurthyBulletin readers know, security checks have become a real source of contention, as they slow case processing for indeterminate periods of time. The fact sheet may be a reaction to growing unrest surrounding security check delays in processing both nonimmigrant and immigrant cases.

    Background on Security Checks

    All those who apply for immigration benefits must undergo criminal and national security background checks. The USCIS emphasized that these checks are performed on all applicants, and are not targeted at or against any particular group. These checks expanded after 9/11. The USCIS points out that most cases proceed without incident and in a timely fashion. They acknowledge, however, that some cases are held up for more than a year because of delays in the security checks.

    Why Security Checks are Conducted

    The background checks are aimed at identifying individuals who are a risk to national security, or are seeking otherwise to cause harm to the U.S. They are also designed to identify people attempting to abuse the immigration system. The USCIS will not grant an immigration benefit before the security checks are complete, regardless of the length of the delays. The USCIS states that they are working with the FBI and other agencies to try to increase the speed of the security checks.

    We note that expediting the security checks not only benefits legitimate applicants who suffer from the delays, but serves the very purpose of the checks. The USCIS states that they have located various violent criminals, drug traffickers, and persons with links to terrorism through these checks. Clearly, no one wants dangerous individuals remaining within the U.S. To the extent that the background checks are being performed on applicants within the country, however, delays in the completion can serve to permit some of those applicants to remain in the U.S. lawfully during the time it takes the USCIS to complete the checks. For example, one who has a properly filed I-485 Application for Adjustment of Status pending is lawfully in the U.S. and is eligible for work authorization. If such a person is a threat, then a security check that drags on for a year or more only serves to extend that person's time in the United States. Thus, there is a security interest in not only performing proper checks, but in performing them in a timely fashion.

    How Security Checks Work

    The USCIS uses three types of checks as a standard background review for a variety of cases. They have the authority to conduct other sorts of background checks, if needed.

    IBIS Name Checks Interagency Border Inspection System (IBIS) name checks are a generally quick manner of checking information from multiple government agencies that is in a combined database to determine if there is any information that is relevant to the decision in a particular case. The results are usually available quickly, but it may take more time to investigate any information revealed by the IBIS check.

    FBI Fingerprint Checks Fingerprint checks are conducted by the FBI for many types of applications, but not all. Many of our clients and readers who are I-485 Adjustment of Status applicants are familiar with these checks, which provide any criminal background information on the adjustment applicant. The responses, according to the USCIS, are generally forwarded within one to two days. If there is a match, then the USCIS will get a criminal history sheet. This information will be reviewed to see if it affects eligibility for the benefit sought.

    Sometimes, this information does not reflect the disposition or outcome of a particular crime. Thus, it is important for applicants to have proof, in the form of a certified copy of the disposition, in order to address the issue with the immigration officer. The USCIS notes that expungements or pardons, etc, must be reported. Anyone with a question about what has to be revealed should speak with an immigration attorney. It is important to understand that matters not considered to be convictions for general legal purposes, may be considered convictions for an immigration purpose. It also is important to have a good understanding of what happened in any criminal matter. We often meet individuals who are unable to explain how their cases ended - which is key in analyzing the impact a criminal charge has on the immigration status and eligibility for future benefits. Of course, we also strongly recommend that everyone comply with the law in all respects to avoid any criminal charge, whatsoever.

    FBI Name Checks These name checks are required for many applications, and are different from the fingerprint checks. These involve a check of various law enforcement files and generally take about two weeks. The USCIS reports that 80 percent of these result in a "no match." This means that there is no matching record. For the remaining 20 percent, there is some match, and the matter has to be reviewed in more detail, in part to determine whether the applicant is the same individual as the person on record. These matters generally are resolved in six months. The USCIS reports that less than one percent of these take longer than six months. Such cases can be quite complex and sensitive and are not complete until all of the information is obtained and resolved.

    Of course, given the volume of cases, one percent is still a great many people. Moreover, delays of six months, in addition to all of the other processing timeframes, can be significant and life-affecting. The impact on lives goes well beyond anxiety and stress, depending upon the situation.

    Conclusion

    The USCIS states that some delays are inevitable due to the sheer volume of cases. Background checks are considered pending when the FBI or other responsible agency has not responded or when there is a response that requires further investigation. According to the USCIS, the resolution of some cases is time consuming and labor intensive, and can take months or even years. At the local office level, "sweeps" of cases are performed to see which ones are cleared through the background check system and can be finalized. While the background check is underway, the USCIS does not share the information that has been uncovered or the status of any investigation with the applicant or the applicant's attorney.

    We at the Murthy Law Firm appreciate this insight. We all understand the need for background checks on applicants for U.S. immigration benefits. The time that it takes, however, is a concern both from the benefits and security points of view. We would urge that ample resources be made available so that these matters can be resolved in a timely fashion. If there is a case so complex that years are required to find a resolution, the individual is potentially in the United States while it is ongoing. The potential risk makes this rather an urgent matter for our country and the safety of our people.





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  • sertasheep
    08-26 10:09 AM
    Dear IV Members,

    We welcome questions for subsequent conference calls with immigration attorney Ms. Sonal Mehta Verma. At this time, we are ACTIVELY working with Ms. Mehta Verma to plan upcoming conference call schedules.

    --------------------------------------------------------------------------
    You can find more information about Ms.Mehta Verma on her firm's website at

    http://www.nankin.com/mehtaverma.html

    Sonal J. Mehta Verma, Esq.
    Nankin & Verma PLLC
    11 North Washington Street
    Suite 360
    Rockville, MD 20850
    T: (240) 456-0000
    www.nankin.com

    --------------------------------------------------------------------------
    Procedure to send in your questions:
    Email us at legal_advise@immigrationvoice.org
    Please provide us with the following information, preferably in the following format, and keep it CRISP and CONSISE:

    Name(Nickname or handle):
    City/Area/Country of current residence:
    Country of citizenship: (Makes it more relevant)
    Question:

    REQUEST: In the interest of everyone, we request you to run a spellcheck on your questions before you email it to us as it takes us significant time and effort to clean up the language and format before we send it to the immigration attorney.

    Also, it provides a professional touch if we use formal, business English. (ie, refrain from using slang, shorthand, abbreviations, all capitals, all lowercase, colloquialism, et-al). Microsoft Word among other Word Processors provide excellent spellcheckers and thesaurus options to help you with this.

    --------------------------------------------------------------------------

    Once you send in your questions to the email address mentioned above, you will be provided a unique Question ID that will help us as well as you to track the question through its lifecycle.

    --------------------------------------------------------------------------

    Please bear with us while we continually evolve and enhance to make this effort a success, and beneficial for everyone.

    --------------------------------------------------------------------------

    Thank you, and have a good weekend,



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  • kk_kk
    07-17 09:12 AM
    Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

    In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.

    Thank You for the detailed answer.

    My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.

    As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.





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  • MrWaitingGC
    06-01 07:12 PM
    One of our colleague was a project lead but on L1/L1A visa and they applied him showing as multinational manager and he got gc in 3 months. I just kept watching as I work as a consultant for a consulting firm waiting in line for GC.So I think its all luck.





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  • ArkBird
    08-05 02:02 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    If that happens I will start walking with my hands instead of my feet... ;)





    karthikgk
    10-19 02:11 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

    Best,





    GCaspirations
    10-04 10:53 PM
    I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...

    I understand that, if people from Aug have not received the FP notice then how the Sept people will get it. But as you know USCIS is unpredictable and I was looking for how many people are stuck like us.
    I wanted to track this and I opened the thread too, but it was closed by the administrators.