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Saturday, June 11, 2011

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  • adurthy
    11-07 11:35 AM
    Hi,

    We have applied for AP on Oct 1st and its still pending .

    I have the following questions.

    1) Can we enter using the AP thats gets approved when we are outside the US
    2) How to expedite AP process other then business emergency as my wife is not working
    3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
    4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.

    Thanks in Advance for your suggestions





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  • dixie
    10-02 02:46 PM
    If you have an approved I-140, you can port the PD as long as your original sponsor does not withdraw his petition. Since your company is being acquired (as opposed to you quitting on your own) it is highly unlikely that your petition will be withdrawn. So as long as you continue doing a similar job as the one for which the LC position was advertised you should be fine.

    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.





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  • rajuseattle
    08-14 12:41 PM
    smartboy75,

    We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.

    My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.

    Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.

    This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.

    I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.

    rajuseattle.





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  • thomachan72
    09-14 06:30 AM
    You cannot work with an expired EAD. End of the story.

    But if it is approved and you haven't got the card in your hand , few companies would allow you to work for 90 days from the date of approval.

    so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?



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  • nivasch
    02-09 02:27 PM
    willgetgc2005

    Check this Out:
    Q. How do I make a complaint against my attorney or representative?
    A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.


    Your name and address,
    The attorney�s or representative�s name and address,
    An explanation of the circumstances and details of your complaint, and
    Your signature.
    Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:

    Correspondence between you and your attorney or representative,
    Documents concerning the underlying immigration case (including the case name and number), and
    Copies of filings in connection with the case.
    Neither EOIR nor DHS can accept complaints over the telephone.
    Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm

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

    Hi,

    I am having issues with my Immigration Attorney. I had asked him to initiate
    enquiry about my 485 status about 3 times over the past 2 years and each time he replied via email saying he has sent the enquiry. he usually is very flaky and at times even lies or avoids my calls and emails. I am paying for his
    service and not my company.

    In nay case, I needed those documents he says he sent as enquiry for my records. When I ask for it, he says he will send it but is just not sending it despite about 10 follow ups over the last 3 months. He says he will send it.I suspect he never initiated the enquiry and just lied to me. So now he is in soup.

    He has screwed me and others up like this several times. I really want to refer him to ethics tribunal or something like that. What are my options ? I have been very frustrated with him for the last several years.

    Please suggest.





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  • jimcourier
    06-04 04:36 PM
    Hello Folks,
    I have a very urgent situation and would really appreciate your help.

    Background :-
    H1-b holder through consulting company A, filed for extension in Dec 2008 and got approved in 10 days for a valid duration till Nov 2011.
    I was working with them on client projects through-out, and have valid pay-stubs until May, and possibly even June.

    But I found a full-time job with a small company, who also filed for my H1 transfer. The application packet received USCIS on May 26, and they sent an RFE which was received by us on June 1, along with the Receipt notice. The RFE was for proving my duration of stay outside the US, since my lawyer put that time towards recapture. In hindsight, I should have asked them not to, but what's done is done.

    Anyways, my documents have been received by USCIS on Wednesday, and I have no updates yet showing up online.

    I have to leave for India on Saturday for my wedding next weekend.

    My possible scenarios :-

    1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?

    2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?

    3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.

    Can someone advise ?
    My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?

    Thanks, and keep up all the good work.



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  • Enebreus
    01-20 08:19 AM
    Unfortunately, your entry doesn't qualify because you are using box2d :(

    Really cool entry though!

    Kirupa,

    Any chance you could change your mind about this entry being disqualified?

    I've just re-read the official rules (http://www.kirupa.com/contests/index.htm) and nowhere does it say: "Don't use external libraries".

    I only suspected I might be in trouble after finishing the entry, when I read the guidelines thread.

    It doesn't seem fair that I've been disqualified over a rule that isn't actually in the rules.
    The situation sort of reminds me of 'The Hitchhikers Guide to the Galaxy' where the Earth was destroyed because no one bothered to check the bulletin board on another planet.

    Thanks,

    Enebreus





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  • abhaykul
    09-10 09:02 AM
    Gr8 job ! Shilpa and Aman and all core members ...Keep it up



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  • cbpds
    05-17 04:50 PM
    how convenient, she didnt need to pay or wait for CIR.
    Some people are only too powerful and influential that others


    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.





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  • EkAurAaya
    07-10 09:37 PM
    My observation... based on i140 application

    My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC

    There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water

    Last name starting with A, C, E, G, I, K..... transfered to TSC
    Last name starting with B, D, F, H, J, L..... stayed at NSC

    any comments? again this is only based on my observation on a very small # of cases



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  • logiclife
    02-27 08:11 PM
    Thanks for taking the interest and posting the comment.

    What you mean is change the content of the webfax,not the format.

    Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).

    You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )

    Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.

    However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org

    Thanks for taking interesting and sharing your view.

    --logiclife.





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  • Siddharta
    03-11 09:16 PM
    We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?



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  • GoneSouth
    07-18 04:49 PM
    Thanks ! But ... I had found a single pdf of the field manual at one point ... anyone got a link to that ?





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  • willIWill
    02-23 05:25 PM
    I don't want to use EAD/AP, as I want to have a backup.
    Gps, look at the below link, it should be informative and useful in your case.

    EAD or H1:

    Unless until you have any dependants still to be included in your GC, go for EAD get done with the H1 headache.

    H-1B vs. EAD/AP � some thoughts - Blogs - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/blogs/ron-gotcher/10-h-1b-vs-ead-ap-some-thoughts.html)



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  • LostInGCProcess
    02-04 05:28 PM
    I have a close friend who has floated a company to pursue an entrepreneurial dream.
    My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.

    My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..

    Appreciate your help in advance.

    Since you are on EAD, and I presume you are the dependent applicant, there is no limit on the number of jobs that you can have....Definitely there is no legal hassle...and I wonder why you want to just volunteer? If its fear of legal implication then, change your mind and get paid !!! :)





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  • JunRN
    07-17 01:46 AM
    How can we sleep? OMG, the wait is exciting...it excites all my nerves...



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  • snathan
    02-04 01:19 AM
    My PERM has been pending for over one year, and I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

    This is my personel experience only....so check with others also...

    When I went to stamping for the first time in india, I did not even have any ticket or any plan for the US trip. H1 is dual intend visa. So I believe only for non-dual visa like B1, one need to prove that you will return and have the flight ticket.





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  • coopheal
    11-07 10:30 AM
    I am very disappointed with all of us. We all have big ideas about what should IV core do. But a very few would actually take initiative and work for the cause.
    Not a single new person came ahead with the contribution this month.





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  • gc_check
    04-29 11:49 AM
    I attached notarized copy of birth certificate, but not to passport as we are also sending the original.





    go_guy123
    02-02 08:19 PM
    You also have to apply for Photo GC which will only be mailed in Canada and someone have to fed ex it to U in US else you will have problem getting back to Canada in future.

    It might be better to post in the canada immigration newgroup in british
    expats.
    Its interesting to see how times have changed in the last 10 years.
    US green card newsgroup is talking about canada immigration issues.





    hpandey
    12-30 09:05 PM
    hi All,

    i'm new to this forum.please advice on my situation.

    I was on F1 earlier and now I am on H1b from jan 2007.
    I am the first person for whom company filed H1B and got approved.
    I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
    If i go for stamping to mexico, What sort of questions i will be asked?

    Please help me ...

    Thanks

    I think its risky everywhere Mexico\Canada\India with a one person company. So make sure you have a valid F1 to come back or I would suggest that you wait for some more time so that you have more paystubs \ company has good annual returns so that you have all kind of documentation to show what the officers would ask you .

    On a separate note I hope you know about the PIMS rule for visa stamping due to which it might take more time for visa stamping ( they say two days approx. but could be more ) . So if you do decide to go to Mexico plan to stay there appropriately due to this new visa stamping process ( has the PIMS process already begun ?? )



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