Friday, June 24, 2011

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  • raj2007
    02-20 08:43 PM
    Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
    So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.

    Your status is fine once you files I-485, but travelling can be risky.





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  • dpp
    10-28 02:56 PM
    Lynne,

    I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).

    I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.

    DPP

    DPP once again, I am sad that we did not get to meet yesterday.
    Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.

    Lynne





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  • jsb
    05-10 10:25 PM
    we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
    It only means that for whatever reason your electronic case was accessed, which might even mean that someone was training a new employee on how to open a case. Not much significance should be attached to it, however.





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  • raju6855
    02-02 11:04 AM
    Ok, I guess we will do that.

    Thanks much



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  • puskeygadha
    07-23 03:14 PM
    this is for cases which will be filed right..
    cases which are audited are audited and are in the audit queues ..correct???

    we are fucked





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  • gapala
    12-16 10:43 AM
    Please provide more info.

    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    I am kind of confused as to what you have said. Did your boss fired you or you yourself left the company? I do see both the statements in your post. Its indeed sad that these employers churn the employees

    If you were fired, Do you have any emails / mail to support the claim that your boss has fired you from the job? If you have them, preserve and will be useful in case he takes you to court.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    What are the aligations? If he fired you from the job, thats the end. Am I missing something here? Is there more to the story? Do post the details so that we may try to understand the situation and provide any assistance we possibly can

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    What did you ask him which lead to this mess? 6 years is too long a period and a good part of life. I would have quit in few months in such situation :)

    I need help.....please let me know what should i do....please people help me....



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  • nogc_noproblem
    10-23 08:50 PM
    Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.

    Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.

    It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.





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  • alisa
    03-26 11:10 PM
    I was reading up on gift tax. Normally, it is the donor (the person giving the gift) that pays the gift tax (if at all.)

    What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
    Now, they don't file US taxes, so they don't pay any gift tax.

    And this is not declared as an income in your income tax statement.

    Do we have to pay any kind of gift tax or anything on it?
    Do we have to declare it anywhere?



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  • AB1275
    12-12 11:29 AM
    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!





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  • widad2020
    07-17 04:58 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    This is what I am seeing in Aug bulletin.Does this mean are July dates current.Pls help



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  • uma001
    05-04 10:01 AM
    Even i got a letter. I dont remember her/his name. I thought everybody will get this letter.
    Let me know if others got it.

    I sent an email letter ( format and content from AILA (guess)) to him/her

    I will let you know the details of the letter later





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  • vts31
    10-20 02:53 AM
    about painter.

    1. version 5 sux.

    2. ive never used 7. but i think its pretty good.

    i use 6.



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  • Macaca
    02-26 02:14 PM
    Oh Eleanor, I don't even know where to start on this scumbag.

    But I do know how to end it.

    This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.





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  • Imm_Exploited
    07-30 11:00 AM
    I am not an expert on this situation, but here is my $0.02 since most of us should have been once on F1 and then moved on to H1 and then to GC:

    1. GC is always filed for a future 'permanent employment' opportunity. That doesn't mean that the GC applicant cannot be working for the employer at the time of applying for I-485.

    2. As long as the applicant can prove that he/she can start work with the sposoring emplyer as soon as the GC is approved, the F1 status should be fine (if at all the COS is approved by USCIS).

    3. I cannot understand the reason for changing to F1 status and pusuing education on full-time basis. Is it for some sheer academic purposes or is it for some kind of a lower fee at school or is it for tax purposes? Does the person asking the question have an existing job with the sponsoring employer?

    IMHO, as long as the applicant has the support of the sponsoring emplyer, it should be fine to go back and forth on statuses. My suggestion would be to just keep working on EAD and pursue education on a part-time basis. If the spouse has an EAD, he/she could either work and study on part-time basis or work full-time and go to school part-time. Bottomline, if it was me, I would never even consider changing my status to F1.

    Sincerely - IE



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  • WAIT_FOR_EVER_GC
    11-11 12:51 PM
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    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.





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  • harikris
    12-05 09:10 AM
    Hi All,

    We wish to apply for PIO card for our 5 month old baby at the Washington DC Indian Embassy.
    The application and the supporting documents are all in place.
    We have to drive 3 hrs to the Indian Embassy.
    Since the weather is not very co-operative, i was wondering if it's absolutely required to take the kid to the Embassy? I would like to avoid taking him if possible.

    Also, a minor question - how do you manage to get the thumb impression. Where can we get the ink pads required for the thumb impression?

    Thanks All.



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  • illusions
    02-13 05:16 PM
    All future GC holders click here
    No Immigrant, No Cry
    Click here to send a private message for Bush -- FREE!





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  • meyshimmi
    02-09 11:07 PM
    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

    Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)





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  • raysaikat
    04-07 12:02 AM
    AC21 allows you to change jobs after 180 days of filing.

    AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.





    jojet
    10-26 01:02 AM
    guys can someone please let me know what is meant by lud.

    my fringerprinting was done 2 days ago and received ead no ap yet.

    i have seen posts saying online status of i485 been adjusted to lud after
    finger printing done.i donot see any changes online for i485 after finger printing.

    i highly appreciate if someone let me know what is lud





    ajay_hyd
    02-08 12:53 PM
    If its been more than 180 days since your 140 was approved, can you not use AC21 to move to a new job (similar). even if the old company revokes the 140, you will get RFE/NOID and you can reply back in specified time.

    correct me if i am wrong.



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