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  • uslegals
    11-05 02:42 PM
    My EAD & AP application reached NSC on 8/7/2007..TODAY - 11/5 is the 90th. day.! I am done with FP 2 weeks ago. 90 days is counted from " RECD. DATE " right and not
    " Notice Date..." ? Since USCIS is supp. to process EAD's within 90 days and they have not for me - i am planning to take INFOPASS appt for EAD.! Can i schedule a AP appt. for the same day.?





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  • vgayalu
    12-02 07:21 PM
    This is not right place to give your adds.


    Admin : Please delete this thread.





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  • Almond
    02-10 08:52 AM
    Saurin did you mean yes you do have a pending I 485, because that was her question.





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  • psk79
    05-28 12:29 AM
    from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.



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  • visaspirant
    10-22 02:14 PM
    Thanks again Elaine, for clearing much of the fog in my mind!

    So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

    Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?

    Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?





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  • paskal
    12-14 12:45 AM
    for those that have not visited the MN thread under the separate forum for chapters, here is the link:

    http://immigrationvoice.org/forum/showthread.php?p=37195#post37195



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  • Ann Ruben
    02-10 11:57 AM
    Saurin,

    Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.

    Ann





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  • smsthss
    11-16 09:49 AM
    If anyone has more info on this, please respond. Thanks.



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  • izolo
    06-04 02:11 AM
    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me





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  • sayonara
    09-11 01:33 PM
    My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......

    Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....

    Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....

    Anybody else in same situation?

    Did you guys talk to your Attorney?

    I just sent an email to my Attorney and waiting for the reply....


    I spoke to my attorney and he says there was some update from USCIS and now processing can be done at local centers (some change in july end is what he said) and according to him, its fairly common. I also googled and this was pretty common in 1999-2000 period. I also have a RD of aug 28th, worried that my counter of 180 days is increasing bcoz of this...



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  • qasleuth
    08-07 06:57 PM
    Sorry to hear your predicament.
    "Is employer legally liable for expired EAD of employee?"

    The simple answer is, Yes. You cannot work with an expired EAD neither can your employer employ you, as it would be illegal.

    Are their concerns valid ? Maybe. From their perspective, it is valid as they do not seem to have a system to flag such cases. You can solemnly promise to renew on a timely basis but it will still be their bu$t on the line.
    In reality: It sounds more like they are looking for an excuse not to hire you.

    As for a solution: If they need your skill, they should hire you and not worry about hypothetical "IF" situations. What happens IF their star employee who drives a Corvette gets hit by a bus ? They should probably not hire people who drive Corvettes, no ? Their will to hire you, should overcome such fears.
    Don't they have some kind of a computer system for HR ? Can't they manage a simple reminder system ? Ask them to try Google calendar reminders if nothing else.

    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.





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  • InTheMoment
    08-02 11:00 PM
    Tina,

    ...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!

    You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).



    For almost all countries your country of citizenship matters, your GC status has NO bearing.


    Got it ?



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  • surya.kant
    06-19 01:16 PM
    Hi,

    I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.

    Following are the context from the RFE document.
    ---------------------------------------------------------

    U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:

    Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.

    Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.

    Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.

    For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.

    For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.

    If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.

    This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.


    Surya





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  • CADude
    02-21 03:12 AM
    :p
    As per immigration-law.com..Senate may work on CIR in March 07 and hand it over to House by APril 07....House may however sit on it for years on end...

    02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress

    The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
    However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
    S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
    We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.



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  • bsnf
    02-06 07:19 PM
    My wife Volunteered at a day care, a school and the school that she is currently working before the school sponcered her H1 and hired her as a regular employee. We checked with the School HR ( Lawyer ) and our Lawyer before she worked as a volunteer at the school that she is currently working and neither objected.
    There were no documents involved in the volunter work, I don't see how this could cause any issue.

    Volunteer work done
    Day Care --> 8 months
    School --> 6 months
    Current school --> 3 months





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  • RDB
    12-03 11:22 PM
    Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.

    lol...where do u see excitement in my post? i know its atleast a year for me to see some green.



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  • sunny26
    02-14 05:51 PM
    Because u r in Chennai You can contact Belview travels. I always use to book ticket thr them. They give good rates. They accept check or u can transfer to belview ICICI account. Very proffessional. If u need details send PM. I can give u phone number and gmail id so u can chat with them





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  • needhelp!
    11-05 06:27 PM
    ..





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  • waitin_toolong
    08-15 06:51 AM
    and since you applications are not being filed with I-485 you will have to pay the new fee.





    sandyn16
    02-25 11:44 AM
    You need to have a SSN or ITIN





    texcan
    09-02 04:58 PM
    I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.

    I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??

    Any help is appreciated...


    AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.

    Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.

    HTH
    -s



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