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  • EB2_Jun03_dude
    02-22 11:15 AM
    I guess this dude(Greg) does not know @ EB2 India went 'U' even after pushing back Jan 2000.

    I asked Greg Siskind about this. Heres his response:

    "I did get this news about the meeting, but did not post on it as it sounded like it was not going to affect that many people. I would doubt that there are a lot of Indian EB-2s left with 2003 priority dates, but I could be wrong."





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  • eilsoe
    02-27 11:34 AM
    actually my benches are just a series of boxes rotated into place and grouped =)





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  • hopefull
    05-15 05:28 PM
    dont do it ..on L1A under NIW he/she can get a GC without labour. Just file I140 and then 485 NIW ..that would be really stupid to move L1A to H1B





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  • chanduv23
    10-29 11:45 AM
    Come on folks - we need requests in large numbers or else our campaigns will fail. Let us not be victims of our own inaction.

    Please send in your requests.

    This is a very serious action item and IV is working extremely hard in the background



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  • chanduv23
    03-07 08:37 AM
    Chandu,
    I filed 485 , Ead , Ap on my own... But i want to hire Rajiv/Sheela just for
    AC21 package... any idea how much do they charge ?

    Also if i use any attorney for coining just the "AC21 reply" will it change my case representation ? i mean do i have to use attorney for future communications as well ?

    Thanx

    I don't deal with Rajiv or Sheela - in fact I approached their offices during the July fiasco but was told that they are not taking any new clients.

    Others maybe able to help you with your answer.





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  • trueguy
    08-27 01:32 PM
    Did anybody notice that FB I-485 processed numbers are same for every month. How USCIS can allocate same numbers to FB every month and not to EB. Wouldn't it be easy if they allocate annual quota of EB visas per month and any leftover from every month can be allocated to retrogressed countries in the same month.



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  • pappu
    07-01 10:22 PM
    Info on the lawsuit by AILA:
    ==============
    USCIS VISA BULLETIN/
    VISA AVAILABILTY LAWSUIT
    Frequently Asked Questions about Participating in this Lawsuit
    AILF is considering filing a lawsuit in federal district court against the U.S. Citizenship and Immigration Services (USCIS) over its rejection of otherwise properly filed adjustment of status applications for the alleged reason that a visa was not available, even though the Visa Bulletin from the Department of State (DOS) states that a visa was available at the time of filing.
    Any foreign national who is otherwise eligible for adjustment of status and whose adjustment of status application has been or will be returned or rejected solely on this basis may be eligible to be a plaintiff in this lawsuit. If you are considering being a participant in this lawsuit, you may find the following frequently asked questions and answers helpful.
    Q: What is AILF?
    A: The American Immigration Law Foundation (AILF) is a non-profit organization dedicated to protecting the rights of immigrants and refugees and to securing fair and just application and administration of the U.S. immigration laws. In order to achieve these goals, AILF sometimes files lawsuits involving various aspects of immigration law.
    Q: What is this lawsuit about?
    A: This lawsuit will be filed by plaintiffs who have been harmed because USCIS rejected or returned or is expected to reject or return a properly submitted adjustment of status application for the alleged reason that no visa was immediately available even though the DOS Visa Bulletin states that a visa was available at that time.
    To be eligible for adjustment to lawful permanent resident status, a foreign national must show that a visa number is “immediately available.” USCIS regulations state that the DOS Visa Bulletin is used to determine whether a visa number is immediately available. This Bulletin is published once a month and lists the visa availability dates for all categories of immigrants for the following month. Thus, for example, the July 2007 bulletin, listing visa availability dates for the entire month of July, was published in June 2007.
    AILF has learned that USCIS has refused to allow certain adjustment of status applications to be filed even though the DOS Visa Bulletin states that visa numbers are available for the immigrant category at that time. USCIS rejected these applications because DOS informed it in an internal communication that no visa numbers remained for that category of immigrants. To date, this has happened only in the employment-based “other worker” category. We anticipate that it may happen in a number of other types of employment-based immigrant categories beginning in July 2007.
    We believe USCIS violated the law when it failed to apply the visa availability dates listed in the Visa Bulletin, as required by a federal regulation, and instead rejected properly filed adjustment applications. Through this lawsuit, we will challenge the rejection of adjustment of status applications on this basis. We will ask the court to order USCIS to accept the rejected adjustment applications and treat them as being filed as of the date they originally would have been filed had USCIS not rejected them.
    Q: What is a “plaintiff” and how do I know if I am eligible to be a “plaintiff” in this lawsuit?
    A: A plaintiff is a person who files a lawsuit against someone else. We are still determining the categories of plaintiffs but an eligible plaintiff for this lawsuit may include:
    [other worker category]
    A foreign national who:
    Submitted an adjustment of status application in the “other worker” category for receipt by USCIS in June 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    [other employment-based categories]
    A foreign national who:
    Submitted an adjustment of status application in any employment-based category other than “other worker” for receipt by USCIS in July 2007; and
    Is otherwise eligible for adjustment of status; and
    Did not receive a receipt notice, cancelled check, or notice of approval of the adjustment application.
    Q: Why should I be a plaintiff in this lawsuit?
    2
    A: If the lawsuit is successful, USCIS should accept your adjustment application and treat it as if it had been filed as of the date that you originally tried to file it. Because your adjustment application will then be considered to be pending before the agency, you may be eligible for interim benefits, including an employment authorization document, advance parole, and others.
    What the lawsuit will not do is make a visa number immediately available to you if none is available. If the visa numbers have in fact been used for the current fiscal year, the court does not have the authority under the law to make a new number available to you. However, if the court orders that USCIS accept your adjustment application as of the date that you originally tried to file it, you will be at an earlier place in line when visa numbers become available again in the next fiscal year, October 1, 2007. Additionally, as mentioned, you may be eligible for interim benefits while you are waiting.
    Q: What is likely to happen because of the suit?
    A: Lawsuits are uncertain by nature. We cannot predict the exact outcome. However, other efforts to resolve these problems with USCIS have not succeeded. For this reason, we believe that a lawsuit is the only remaining possible way to resolve these problems.
    Q: Will being a plaintiff in this lawsuit hurt my chances for permanent residence?
    A: If an individual is otherwise legally entitled to have an application granted, the government cannot lawfully deny that application on the basis that the person is participating or participated in a lawsuit. If we believed the government was taking such action, we would complain to the lawyers representing the government and to the judge handling the case. In our experience, this retaliation has not happened.
    Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
    Q: How much time must plaintiffs spend on this lawsuit?
    A: Plaintiffs will have to provide us with the information and documentation we need in order to prepare the lawsuit. AILF will do most of the work in the lawsuit on paper. Depending on how the case proceeds, the government and its attorneys may want to ask the plaintiffs some questions about their case, either through written questions and answers or in person. This is called “discovery.” One type of discovery is a “deposition,” which is an interview where parties are asked questions about their cases.
    Depositions are possible but not common in this type of case. In the event that discovery and/or depositions were required, an AILF attorney or an attorney working with us would assist plaintiffs to comply with any discovery requests, and would appear with plaintiffs at any deposition at no charge (see below). At a later stage, a plaintiff may be required to be present at
    3
    a hearing or a trial and possibly be asked to testify about their particular case, but this is quite rare.
    Q: Will it cost me anything to be a plaintiff in this lawsuit?
    A: AILF and any co-counsel will not charge any attorney’s fees for representing individuals in this lawsuit. AILF and any co-counsel also will pay the costs and expenses associated with the lawsuit, such as filing fees, copying, long distance calls, travel expenses for AILF attorneys and staff, depositions, transcripts, etc. In the unlikely event that an individual should be required to be present at a deposition, hearing or a trial, we may ask that he/she pay their own travel and lodging expenses, if any. Those expenses would be reimbursed if the lawsuit is successful and we recover costs.
    Q: Will anyone know that I am a plaintiff in this lawsuit?
    A: Lawsuits are public information, and are available as a public court document. Many courts now have lawsuits and other documents available electronically, accessible via the internet. Also, USCIS will, of course, know the identity of the plaintiffs. We also will discuss plaintiffs’ cases with any other lawyers working with us on the lawsuit. It also is possible that the media – newspapers, radio, or TV reporters – will see the court documents and decide to do a story on the lawsuit.
    Q: What should I do if I am eligible and interested in being a plaintiff in the lawsuit?
    A: Please quickly submit the Questionnaire for Potential Plaintiffs and send us the documents requested. If you do not have the Questionnaire, please send an email to visabulletin@ailf.org, and we will send it to you. You may also fax a request to AILF LAC at (202) 742-5619. Please indicate this is a question about the visa bulletin litigation.
    If you have any questions that are not answered by this FAQ or the questionnaire, please send them to visabulletin@ailf.org or fax to (202) 742-65619, and we will respond. Thank you!
    ===============





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  • mps
    05-15 05:34 PM
    Here is a list of F50 CEO and which college they went to,

    http://www.time.com/time/nation/article/0,8599,1227055,00.html

    I see very few going to top 10 colleges.

    I'm doing my online MBA from Devry (Keller Graduate School of Management) and my spouse is doing it from UOP - at both the colleges professors are excellent, course material is good. Devry is more intense with midterm and final exams.



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  • brick2006
    11-11 03:06 AM
    he cant act on immigration when the economy is down and ppl are losing their jobs..so we are in a sinking boat...
    better to wait and watch!!!





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  • WillIBLucky
    06-22 08:36 PM
    Its against law to take color copies of ID, passport, DOB etc in Michigan. So you should not take color copies as it would mean you are breaking a federal law.

    b/w copies are more than enough for ID and passport. But, the ID should be enlarged in b/w.



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  • Ramba
    07-14 10:02 PM
    --
    I do not think what you are saying is correct. Ac21 does not allow you to leave before 180 days of your 485 filing.

    Have you read the USCIS question? If not, read few times to understand how your interpretation is wrong.

    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.

    The bottom line is if his approved 140 is not revoked with in 180 days of filing the 485, his 485 is still valid even if ported the job with in a month after filing 485.

    The RFE is trying to determine whether your former employer holds a bonafide future job open for you or not. If he/she does not then your application is not valid in your circumstances from what I know.
    If you get a letter from him/her then that should be adequate, however you will also need to start work with that employer for a reasonable time afterward to be within the law.
    If as you say the intent has to be there at the time of filing, then it would be easy for everyone to intend whatever the needed at the time of filing and then change their minds. It does not work that way.
    The revocation of the 140 would not have been a problem if it happened after the 180 days, but would be an issue now.
    I can see you are in a difficult spot. I would definitely suggest you stay honest, since they have all of your filing records etc. and if you fudge it, your petition can be denied for fraud, which could harm future applications.
    Rather than relying on the advise here, you should seek out a good attorney experienced in AC21.





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  • psaxena
    11-19 11:09 AM
    Are you the one who created the slogan, move ahead we are behind you... !! (and will always be behind without giving any support)

    Why don't you file the lawsuit, why do you look up to someone to do what you want??

    Just want get everything in the world without doing anything and that too FREE??

    Step up and do something rather than just pushing everyone around.
    There is a lot I can say about , but then the fine line of the difference between you and me will be no more. So I leave this conversation right here!! Hope this shakes up your conscious if you got one.



    Did you file the lawsuit yet?

    Someone please update on the lawsuit to enforce visa spill over



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  • Sheetal_MA
    03-10 09:55 AM
    Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.

    This is so preposterous, words cannot even begin to describe this absurdity.

    So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.

    Do the lawmakers have no common sense left atall??

    Do you fully realize your statement about the 2A category which is for spouses and children of green card holders? That means that if someone got a green card (whether through the family or EB category), they have to wait 5+ years to reunite with their spouse and children. At least those with H1B can bring their spouse into the country right away.

    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.





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  • spicy_guy
    08-11 11:46 AM
    Are we concluding that we will not have any support from IV for EB3?

    Can we draft a letter to USCIS and push it through the founding fathers of IV?

    I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.

    Everyone wants to do that. But the question is how?



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  • addsf345
    12-11 07:42 PM
    If US does not benefit from giving the visas, are they doing it as a part of social service?

    Kavita,

    There are some ppl who will never wakeup, always think themselves as baggers. They do not know what they can achieve if they are united and if they have some willpower & brain. East-Indian-americans are not even 0.5% of the total US population and are among some of the highly successful ethnic groups.

    Banks got bailout as they made noise, so are the auto companies. We have many fools who are still in denials even after such a big injustice (unfair country quota for EB category), they just hide behind their false explanations & stupid theory and never even think that asking for or fighting against injustice. This is called escapism.





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  • andycool
    09-10 02:33 PM
    What are the hopes for EB3-I?
    ZERO


    Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.


    Port to EB-2 ......



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  • mirage
    03-17 12:26 PM
    As far as I know there are atleast 5-6K applicants waiting with PDs before Dec-2003. Considering 3 visas used for each applicant. There'll be a requirement of atleast 15-20K Green Card numbers for Indian EB3 to clear people up to Dec'2003. While EB3 gets a maximum of 3K/Year. My guess is it'll take 5-6 Years to get the EB3 to Dec'2003.

    If we assume this poll is a mirror of actual application load at USCIS then 70% applications were filed before January 2005 (529/750). Out of 529, 223 were filed during June 2003 or before (42% load). Now during last May-June 2007 EB3-I's current PD reached to June 2003. So assuming current stuck ones were product of either PBEC/DBEC labor approval delay and /or Name check delay, they will be virtually ready to go, I mean get a GC rightaway. People with PD having DEC 2003 and before will have fair chance as well.





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  • memyselfandus
    04-09 09:32 AM
    Details below





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  • sodh
    07-25 02:51 PM
    http://www.google.com/answers/threadview?id=559556

    If an applicant for adjustment wishes to take a new job in the same
    or similar occupational classification at the job that was the basis
    of his or her employment-based I-140 AND the I-485 has been pending
    180 days or more, the new employer may be substituted into the
    existing I-485 application without disrupting the application at all.
    This is accomplished very easily - NO new petition and no new fees.
    Step 1: The applicant notifies INS of the change in intent by letter.
    Step 2: The Service should then make a request for a letter of
    employment from the new employer.
    Voila! Done deal."
    http://www.ilw.com/articles/2001,0705-Latour.shtm
    This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.





    go_gc_way
    12-30 11:25 PM
    justAnotherFile , thank you for taking time to post it. Good title for the classified. "Help yourself to solve your Green Card problems..."

    Anurakt, thank you for visiting this thread and posting in wikipedia !

    Dear IV members, we need to do more. Thanks so far for visiting this thread and doing your best. I feel that posting classifieds/emails/discussion threads in other web sites (regional or other websites) have good chance of bringing in more members to our web site.

    For example , the classified in indiagrid is accessed 35 times so far ! Wikipedia and other web site postings will have similar access.

    Looking forward to contribution from other members to this thread.

    I have listed different web sites posted by city so far, they are less, can members from cities not posted yet help find the web sites and better post in thsoe sites? The title justanotherfile posted is most appropriate .. "Help yourself to solve your Green Card problems".

    1)New York .
    2)Los Angeles
    3)Chicago .....................www.chicagosamachar.com
    4)Houston
    5)Philadelphia
    6)Phoenix
    7)San Antonio
    8)San Diego ................. www.sasural.com/san_diego
    9)Dallas
    10)San Jose
    11)Detroit
    12)Indianapolis
    13)Jacksonville
    14)San Fransisco
    15)Columbus
    16)Austin
    17)Memphis
    18)Baltimore
    19)Fort Worth
    20)Charlotte
    21)El Paso
    22)Milwaukee
    23)Seattle
    24)Boston ...................... www.aapkamanoranjan.com
    25)Denver
    26)Luisville
    27)Washington
    28)Nashville
    29)Las Vegas
    30)Portland .....................www.eknazar.com
    31)Oklahoma City
    32)Tuscon
    33) Atlanta ...................www.desigate.com,
    34) Kanasas City ..............www.kcdesi.com





    gc28262
    04-11 09:03 PM
    Thanks for your reply. I appreciate your question. Let me explain you in details.
    I am not sure about Mexican illegals but I can tell about Indian.

    Normally person come here illegally alone. Very few people are coming here with spouse. it is absolutely sure that their kids are at backhome with other family members. Many illegal people have used 245(i) and all have priority date before April 2001 as before 2001 they should have to file labor. Fraudulent practice was prevailed in the small business community. They used to file labor certificate in dummy name and once it approve, they are selling to others (labor substitution was legal at that time). Most of 245(i) cases have purchased labor with big $$$. All the 245(i) were approved from 2002 to now. Their case is counting in EB3 category. Once persons case is approved, he will file I 824 (Follow to join family members) for wife and/or kids who are waiting in India. Once I 824 approve, case is transferred to respective CP at back home. It is slow process and take any where from 1 year to 4 to 5 years in some cases. This cases are consuming EB3 quota. We don't know how many cases are in pipeline. But I know few people whose GC was approved under 245(i) and their kids are waiting at Back home. This is the reason why EB3 India is struck around 2001 for many years. If still lot of 245(i) derivative cases are in pipeline, it can retrogress back to April 2001.

    I am highlighting truth so that we should not make any mistake in next CIR (same channel and resources for EB legals and 13 millions illegal). if history repeat for CIR, it may not hurt all legal EB community who are reading this post today but future generation EB legal have big blow.

    My dear friend Ron Hira is calling me racist !! I always laughing for his immaturity (In fact, I ignore his post). Insisting for following rule is racist. Opposing people who kept EB legal provisions hostages since 2005 is racist??? people in this forum are much smart who is talking what !!!

    I remember Mahatma Ganghi's quotes:

    " I can wait 100 years for freedom but don't want it through violent route"
    khodalmd,

    Thanks for the clarification. I think you are right in terms of "follow to join" 245(i) cases. EB3-I may not be out of 245(i) bump yet.

    Here is a USCIS memo regarding 245(i)

    http://www.uscis.gov/files/pressrelease/245i.pdf

    Relevant portion:

    "Many aliens with pending, grandfathered petitions or labor certification applications will marry or have children after the qualifying petition or application was filed but before adjustment of status. These "after-acquired" children and spouses are allowed to adjust under 245(i) as long as they acquire the status of a spouse or child before the principal alien ultimately adjusts status."

    On another note, wouldn't the spouses/children of 245(i) applicants be eligible for "follow to join" applications when the primary applicant's application is still pending ? Why would they wait till the approval of primary's AOS application ?



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