Wednesday, June 8, 2011

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  • akred
    07-14 06:31 PM
    You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.





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  • mdipi
    10-21 04:32 PM
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  • chirutha
    09-26 05:15 PM
    Hi GC_SUCK, Congrats, can you send your details of dates in all stages, will be informative for us, thanks.





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  • Blog Feeds
    10-15 06:30 PM
    [Federal Register: October 6, 2009 (Volume 74, Number 192)]
    [Rules and Regulations]
    [Page 51236-51237]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr06oc09-4]
    ---------------------------------------

    DEPARTMENT OF STATE

    22 CFR Part 41

    [Public Notice: 6779]

    Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

    AGENCY: State Department.

    ACTION: Final rule.

    ---------------------------------------

    SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I- 129 petition from the Department of Homeland Security before issuance of a visa.

    DATES: This rule is effective October 6, 2009.

    FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-2951.

    SUPPLEMENTARY INFORMATION:

    Why is the Department promulgating this rule?

    On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. As a result, the requirements for an R-1 nonimmigrant visa now include establishing that the applicant is the beneficiary of an approved petition. U.S. Citizenship and Immigration Services (USCIS) has implemented the petition requirement for nonimmigrant religious workers as a way to determine the bona fides of a petitioning religious organization located in the United States and to determine that a religious worker will be admitted to the United States to work for a specific religious organization at the request of that religious organization. This rule amends the Department regulations to ensure consistency with the regulations set forth by DHS.

    Regulatory Findings

    Administrative Procedure Act

    This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

    Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for R-1 nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

    The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

    The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets.

    Executive Order 12866

    The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

    Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

    Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Paperwork Reduction Act

    This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

    [[Page 51237]]

    List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and Visas.

    For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 as follows:

    PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681- 795 through 2681-801; 8 U.S.C.1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

    2. Revise Sec. 41.58 to read as follows:

    Sec. 41.58 Aliens in religious occupations.

    (a) Requirements for ``R'' classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(R) if:

    (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and

    (2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or

    (3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

    (b) Petition approval. The approval of a petition by USCIS does not establish that the alien is eligible to receive a nonimmigrant visa.

    (c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not precede or exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

    (d) Aliens not entitled to classification under INA 101(a)(15)(R). The consular officer must suspend action on the alien's application and submit a report to the approving USCIS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(R) is not entitled to the classification as approved.

    Dated: September 24, 2009.
    Janice L. Jacobs,
    Assistant Secretary for Consular Affairs, Department of State.
    [FR Doc. E9-24089 Filed 10-5-09; 8:45 am]
    BILLING CODE 4710-06-P



    More... (http://ashwinsharma.com/2009/10/07/dos-final-rule-on-amended-requirements-for-religious-workers.aspx?ref=rss)



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  • chanduv23
    02-27 09:18 PM
    Hi friends,

    We filed I485 in July.We got our Ead and Ap and my hubby is shifting jobs using AC 21. But we did not get any FP notice till now. In our EAD card, it just says fingerprint unavailable. We called USCIS twice but they said that they haven't yet generated any FP notice for us. Even our attorney hasn't received anything. We have to renew our EAD card in June..will there be a prb during the renewal becos of lack of FP?? Should we get an infopass appt for this..is it necessary?
    Anyone in same situation pls lemme know.
    Thanks!

    I am in the same boat. I opened an SR and waiting for response. I am also looking for an answer on this.

    Anyone ? Please.





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  • Rajwaitingon140
    07-16 10:49 PM
    Mine is Dec'20'2006 and still waiting for I-140 approval.

    I am waiting on service center processing dates; still yet to annouce..hopefully we should get quickly.

    Thanks



    so we r in same boat. Mine recd date Oct 2nd 2006.



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  • snathan
    02-22 11:41 AM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Required:MS+1
    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.

    Title alone will not make you to qualify for EB2. You need to worry about porting with the same employer as it might invite audit (most likely) and there are other consequences also to worry about.

    Check with your HR - What category they are filing for the new job EB2/EB3
    If EB2 ask them - Why did they file EB3 for you for the same position.
    If EB3 - There is no point in porting.





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  • greencard_fever
    07-17 11:01 AM
    I think they are doing the right thing. We all should let them work on our cases instead of calling them. We all know how productive they already are. Calling them does not help them or us.

    Calling them is just our self-satisfaction.We have already seen how good USCIS is working after July - 2007 Fiasco.I personally impressed the way they are working..i have seen so many I-485 approvals in my friend circle and at my work place from January,that it self incidates that USCIS is really working.



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  • 485_spouse
    09-25 03:14 PM
    She is not out of status but you need to move fast (first 180 days) and talk to some good lawyer.
    In 2007 I had a long consultation with a lawyer and told about INS act 245(k)
    Google it.

    Furthermore. One of my co-worker was approved while his wife's case was not filled in 2007. they used 245(k) and there was no issue.





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  • easygoer
    07-07 04:00 PM
    First year generally you do not have to pay advance tax. From second year onwards you have to estimate tax based on previous year and start paying advance tax.



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  • amaran18
    08-13 04:23 PM
    First of all, Congrats !!

    You should talk to a lawyer to get this clarified.





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  • ebizash
    10-05 02:50 PM
    Great!! It is very good for IV's and our future!



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  • mhtanim
    06-08 02:44 PM
    Wow...another LUD today. So far this is what happened: after sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009

    My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.





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  • packersland
    08-22 01:09 PM
    Hi Guys,

    I just wanted to get some input from the veterans here who have started a business in partnership while they have been waiting for the coveted green card.

    What kind of legal paperwork does it take to start a business? I would think as long as you don't work for the business it should be ok? If you can own part of a corporation (stocks), you can be a partner in a business?

    Ideas?

    If you are in H1B status, you can start your business by investing, but not working. You can not work for your business to get paid, but you can get profit sharing. In Wisconsin, when you register, you need a President/CEO who can legally work for your business. You can check with your state and register your business there. Probably, you even can register online in some state. Of cause, later on, you will need help from your accountant, laywer, etc.
    If you have Green Card or EAD, that is not a problem to run by yourself.
    Good luck.:)



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  • bkn96
    02-18 12:43 PM
    bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.


    Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.





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  • GreenMe
    06-17 04:16 PM
    Hello Leo,

    I am not a lawyer so don't take my word ... but this is what I have heard.

    Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...

    You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.

    Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.

    Regards,
    GreenMe



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  • GCwaitforever
    10-20 04:17 PM
    Hi Blue,

    My advice is go for premium I-140 and file for I-485+EAD+AP. Advantages:

    1. Spouse will have EAD.
    2. Spouse would not need H4 renewal, which is savings to you (EAD/AP renewal is another matter).
    3. After six months, you can use AC21 provisions. Your I-140 is safe.
    4. Uncertainity of layoffs is gone and it brings piece of mind after six months.
    5. You will be starting the FBI name check along with I-485 filing. By advancing your I-485 with premium I-140 filing, you will be cutting down the time it takes to get GC.
    6. You/spouse can go for multiple jobs.





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  • venkatosizolon
    03-28 11:54 PM
    If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

    Employee must be paid ALL THE TIME on H1. Period.
    That's the law.

    Problem for you is, technically you will be out of status if you are not paid.


    What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
    Thx





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  • waitingmygc
    01-19 12:01 PM
    You have only 2 options:
    Either postpone your vacations or get new visa stamping on your passport.

    If opting for new visa stamping on your passport then mentally prepared to stay for a bit longer time if in case.

    Better ask your attorney, I believe he will suggest you the same.





    theMan
    06-29 10:30 AM
    How about adding "No control as Lawyer will not inform when he will file".
    This option may be valid for many users using the Corporate attorney.





    amohale
    11-18 10:11 PM
    Hello,

    I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.

    I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.

    It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?

    Any help/suggestion is appreciated.

    -Ritu



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