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  • saps
    03-16 06:04 PM
    My two cents are that you should attach your receipt notice for I-485 and approved I-140 along with your spouse's application right now instead of waiting for his/her receipt notice. BTW, this is based on an opinion of attorney I consulted.

    I don't think that your spouse's I-140 has to do anything with interfiling. You application will be interlinked to your spouse's application based on I485. Also, since you are just interfiling, you both will remain primary on your respective applications with no derivatives. You won't become a derivative just by interfiling. Thats the benefit of filing separately so that who so ever has the PD current first, the spouse benefits from it even though his/her PD is not current.

    I don't understand why your attorney is recommending to interfile when you have an option to let USCIS know right away where to put your spouse' I-485 file. I recommend you to take a second opinion if you have a doubt.

    Thanks





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  • stemcell
    07-14 01:43 PM
    Paskal/Pappu

    Please update us if only the conrad 30 J1 waiver is being extended or if the conrad 30 improvement act is being suggested here?





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  • cr52401
    09-07 03:42 PM
    All,

    Background:

    EB-2 India
    Employment based petition
    PD: Feb 2003
    Labor approved (after a long wait at Backlog reduction Ctr)
    I-140 filed
    Waiting for PD to be current to be eligible to file I-485

    To avoid further delays and have the necessary paperwork on-hand ready to file I-485 petition when PD becomes current, I had the following questions for the folks on this forum who have filed I-485 or are knowledgeable about the paperwork requirements:

    1) Birth Certificate: I have my original birth certificate but it is not in English.
    a. I have a translated notarized version in English from India. Will this suffice?
    b. If not, can a birth certificate issued by the Indian Consulate General suffice?
    c. Also, is this birth certificate required for spouse too if her name is added to I-485 petition?

    2) Police clearance: I know that one has to go thru the FBI name check for US clearance and this is done by processing center after filing of I-485 petition.
    a. Do I need to have a police clearance from India?
    b. If so, can a Police clearance certificate from Indian Consulate General suffice?
    c. Also, is police clearance certificate required for spouse if her name is added to I-485 petition?

    3) Medical: I have the list of approved Doctor’s in my geographical area. However, I do not have my inoculation records. Hence, I believe the Doctor will administer the shots again.
    a. How long does the approved Dr. to finalize the tests and administer the shots? Is this a 1 day or week(s) process before the Dr. hands over the sealed medical forms back?
    b. How long is the medical test valid? (Is it valid for 1 month, 6 months etc)

    4) Additional documentation: Is there any other documentation, not stated above, that has a long lead time that I can start to accumulate now?


    Thanks in advance.

    Folks, any one can help? I have same question regarding to Police cert.





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  • Queen Josephine
    June 13th, 2005, 09:33 AM
    Dave, I'm sure our macro enthusiasts will respond to your technical questions. I just want to say superb shots and hope to see more of your work! There are a lot of really great macro shots on dphoto (something I have not mastered, but admire tremendously). The detail is incredible in your shots!



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  • vin13
    03-09 08:59 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    How will a person fill I-9 form when she is not working. she lost her H1-B status when she stopped working. Now she will be on AOS. I do not think anything needs to be done





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  • abhay
    01-20 09:16 AM
    Thanks Ann for responding.

    RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
    RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.

    Thanks again.



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  • gcisadawg
    03-30 08:20 PM
    If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.

    I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!

    What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.





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  • GCard_Dream
    07-28 04:43 PM
    Did you surrender your I94 on the way out? If so, did the IO give you a new I94 when you came back in? The other gentleman made a comment about not surrendering the old I94 if traveling by road and if the trip is less than 30 days.

    When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.



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  • sdrblr
    08-21 02:33 PM
    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.


    I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
    I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

    During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

    I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�

    Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
    I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.





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  • psychman
    11-03 11:03 AM
    Hi Kirupa. Hey, thanks for the help. Worked like a charm!



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  • allen_1974
    01-23 01:41 AM
    Ask your H1B holding company what should be your reply in case Consultate asks you about client details. This question will come to you 100%. So prepare for it. If you and your H1B holding company is satisfied then its fine. One solutions could be to mention in DS 156 that you are workking at your H1B holding company place. But its just a thought. Discuss it with your company.

    Best wishes





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  • ArkBird
    06-24 12:27 AM
    Look no further. EB3 (Other Workers) became "Unavailable" last week and nothing that I read says it cannot happen for EB1/EB2/EB3.



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  • gconmymind
    04-18 04:51 PM
    See the thin is as far as the status goes I believe one is not on Immigrant status unless one gets the GC; and their are only two statuses, Immigrant and Non-Immigrant for us (or I guess illegal, which we are not for sure)!!

    So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    EAD is just work authorization. You are an adjustee when 485 is pending and will get Immigrant status only when your 485 is approved.





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  • vine93
    01-22 03:12 PM
    Most of the Nationalised bank ( SBI, PNB ) do not charge Pre-payment penalty. Though it clearly mentioned in their policy , you should check while taking the loan. It is negotiated also. I have IDBI loan with facility of no pre-payment penalty.

    Tell your banker not to extend the tenure of Loan when they increase the loan percentage. As they keep your EMI same but they change the tenure. That makes you nervous when you want to payoff your loan minus 13 months.



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  • bbenhill
    10-06 05:09 PM
    ^^^^

    Bump ..





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  • go_getter007
    12-20 11:48 AM
    You can change your address online or also by calling the USCIS. I did the latter in my case a few months ago. Once the system is updated by a USCIS customer service rep to reflect the new address, you'll get an email notification, if you have that feature activated on the USCIS site/your application portfolio.

    Good luck.

    GG_007

    PS: Not a lawyer, just my personal opinion.




    Receipt Number: SRC0XXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice Returned as Undeliverable.

    On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..

    I have not yet got the FP appointment. Could this be the letter for that or something else serious?
    After filing, my address changed.
    I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.



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  • GC_1000Watt
    01-08 03:39 AM
    no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

    P.S: fix the subject, it is too generic...

    Thanks man. And let me know how do I change the subject title? I don't see an option.





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  • saileshdude
    10-06 08:58 PM
    Ombudsman helps in certain limited circumstances, particularly when an adverse decision by USCIS puts you in emergency situation. Following link should help determine when to contact them:-

    DHS | CIS Ombudsman - Case Problems (http://www.dhs.gov/files/programs/editorial_0497.shtm)

    Hey Jungalee,

    I just sent you a PM. Can you reply to that.

    Thanks.





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  • vin13
    03-12 01:27 PM
    We see lots of anger and frustration in this GC journey specially when a VB comes out.
    lets me ask myself and all of you these questions.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

    If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?

    Thanks,

    Sueing is a tough road.

    Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.

    The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.





    lazycis
    01-30 11:23 AM
    Any feedback on this is appreciated.

    The basis for your AOS is approved EB3 I-140. So I do not see a problem porting to another company. That I-140 will remain valid. If you get approval for EB2 I-140, it won't change your eligibility for AOS. I am not sure if you will be able to port priority date. If you worry too much, you can ask employer to withdraw EB2 I-140 application. My hunch is that EB3 with 2001 PD will get approved earlier than EB2.





    kaisersose
    02-20 11:17 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.



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