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  • willgetgc2005
    11-01 02:10 PM
    I have a question about my Mother in laws' visit to the USA.She has a 10 year multi entry tourist visa (B1, validity from 2005 to 2015) to the US and she has visited the US 3 times so far and the dates are as follows


    February 18, 2006 to August 16, 2006 (visited her sons family in East)
    July 8, 2007 to January 7, 2008 (stayed with us)
    August 2, 2008 to February 01, 2009 (stayed with us)


    She is currently on her 3rd visit to the USA and is living with us. Her departure date is January 2009. On her visit this time, at the port of entry (LAX) she was asked by the Immigration officer if she was visiting USA so often because of her grand child. She said yes and the immigration officer stamped her a 6 month stay and also told her to be careful of future visits so often to the United States. My mother in law is a widow and both her children live in the US as permanent residents.



    Our baby recently had a health issue and was hospitalized. But due to all this with my wife and I both working, my wife feels it would be good if we could get my mother in law an extension of stay (perhaps 3months plus beyond January 2009)till my wife can complete her internship (which is time bound). My mother in laws� son lives in the east coast and he is a permanent resident in the USA.

    I do not want to jeopardize her ability to visit the US in future due to an extension. So the question are:



    Will a request for extension be approved by USCIS?
    Will this jeopardize her chances of coming to the US in future?
    IF she gets an extension this time, what will be the cooling off period for her to come to the US next time
    How long does it take for USCIS to process a request for extension and what is the processing fee

    Your response is greatly appreciated.





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  • MannyD
    10-02 12:49 PM
    Hi,

    What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.

    Can someone please let us know how this I-94 surrendering and numbering works?

    In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

    In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.





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  • nashim
    04-07 02:55 PM
    thanks gcisadawg,





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  • transpass
    09-06 11:23 PM
    This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

    If anyone has seen this already, my apologies...

    http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



    Hello All,

    I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

    IO: Immigration Officer
    MC: My Cousin
    MCL: My Cousin Lawyer

    IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.

    MC: I am ready to give right away.

    IO: No your finger print images not at all visible. There is no way we can check your Criminal background.

    MC: Is there any other alternate solution for this �? If so please advice.

    IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.

    MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information

    IO: Sure�Make sure you submit with in 45 days. Thank you.

    MC: Can I ask one question�?

    IO: Sure�.

    MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC

    IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�

    MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?

    IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.

    MCL: Oh that�s great�

    IO: Yes it is�

    MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.

    IO: That�s good�You are all set to go now. Thank you.

    Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.

    -Sree



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  • masala dosa
    05-10 02:31 AM
    asdqwe2k,
    Actually this event is being held to celebrate your's and your daughter's birthday if you didn't know. :-)

    Happy birthday to both of you in advance. Enjoy.



    PRETTY FUNNY!!





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  • gcnirvana
    01-17 12:33 PM
    Hello,

    To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.

    slc_ut

    You've to apply for the ITIN when you file your tax returns. But you should not send the docs to the address shown in the 1040 or 1040EZ, etc. but to the address shown in form W-7 (ITIN). Once IRS assigns an ITIN # to the H4 applicant, they'll send the tax return filing docs along with the ITIN# to the appropriate dept for filing tax returns.

    By the way, you don't need a Birth Certificate for an ITIN, just a notorized copy of the passport will do. Atleast that was the case till last year. Checkout the following site for more info on ITIN and tax returns:
    http://www.irs.gov/individuals/article/0,,id=96287,00.html

    hope this helps,
    GCNirvana



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  • gceb3holder
    02-27 08:09 AM
    Right, the problem is: I do travel a lot and that makes a part time job difficult to find....

    Other thing, the 6 months, is counted from the receipt date or the approval date?





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  • desi3933
    06-26 12:35 AM
    Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?

    I highly appreciate your warm assistance.

    NaturopathicPT

    Please consult an attorney that deals with Employment and Contract law in your employer's state. Some things are legally binding and other are not. It depends on your agreement terms.


    __________________
    Not a legal advice



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  • sanjay02
    07-28 02:47 AM
    Hi
    My PD is Nov 2005 , I had I-485 interview in Feb 2009, because dates werent current I was given a letter saying "Your case has been continued because of VISA unavailability"

    My question is if I claim unemployment insurance would I have issues in GC adjucation? ( Since my case is already pre-adjucated)?

    Thnks





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  • sanz
    12-21 05:22 PM
    Kundra's Management Challenges
    Posted by J. Nicholas Hoover on December 21, 2009 03:17 PM

    Federal CIO Vivek Kundra's job is different from others whom we�ve named as InformationWeek�s Chief of the Year in the past in a few big ways that make it especially challenging.

    The 2009 chief of the year (read our story here) is certainly younger, and the federal government�s $76 billion IT budget dwarfs those of any other organization. However, Kundra�s two big biggest differences are that first, his job isn�t driven by traditional profit motives and second, many of his subordinates report to him only via a dotted line. In some ways, these two issues play together, and they've been challenges that have played a role in creating what top officials like OMB director Peter Orszag note as a gap between IT in the private and public sectors.

    Unlike in the private sector, where Wall Street can make or break IT decisions, the government doesn�t have the same forcing mechanisms for IT performance and for determining what should be the next project to pursue. Second, the reporting structure in the federal government is one of typical bureaucracy. Dozens of federal agency CIOs report to Kundra, but only indirectly. That means that while Kundra sits as chair of the federal CIO council, there are limits of what he can require of agencies or demand of budget and system decisions.

    Kundra's peers say he stands out in his ability not only to strategize, but to execute. Take his ability to understand that a drop of sunshine can go a long way when it�s tax dollars and not supply and demand at work, and that citizen engagement is the name of the game, which has played out in his use of dashboards and full embrace of the administration�s transparency initiatives, both as federal CIO and before as CTO of Washington, D.C.

    �His goal has never been innovation merely for innovations� sake, but innovation to get results in service to the public,� Virginia governor Tim Kaine said in an e-mail that didn�t make it into our story. �Vivek has a limitless imagination, and combined with his agility in the structures of government, I have the utmost confidence that he will continue to do great work for President Obama.�

    One story, which also didn�t make it into our feature, is particularly telling. Earlier this year, President Obama called on the United States Citizenship and Immigration Services to partner with Kundra, federal CTO Aneesh Chopra, and federal chief performance officer Jeff Zients to find ways to improve the immigrant application experience.

    Kundra took an idea and ran with it. "Vivek very quickly helped to think through how transparency and open government could instill more confidence if we could publish average turnaround times in a forum online for visa and other application processing time, by office," Chopra says.

    The effect would be two-fold, Kundra thought. First, immigrants could now find out exactly where they stood in line to get their green card or visa and check on processing times for specific forms at US-CIS field offices around the country, comparing them with national averages and national goals. Second, placing that data online at the hands of the public could put pressure on US-CIS field offices to make them more efficient.

    Kundra then acknowledged the need to separate this effort from a larger, more complex modernization project currently underway at US-CIS. "When you have a multi-year project plan, it's challenging to thoughtfully introduce any new innovation without disrupting or adjusting requirements," Chopra says. And yet, that's exactly what happened: the team delivered the site within 90 days, and though it required shifting some money around, it didn't end up requiring any additional budget expenditure.

    "When you put it together, he sees the ability for something like the IT Dashboard to really jump start his larger strategy for how to change the way IT projects are done and then puts his head down and gets it done within 10 weeks," Zients says.



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  • cahimmihelp
    07-15 02:32 PM
    Thanks a lot Raj.

    One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.

    Thanks again for answering so promptly.

    CAH





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  • jasmin45
    07-27 01:42 PM
    what about H4? I believe no job description is required...rt? I mean once H4 gets EAD. Pls reply
    After EAD is approved, H4 can work anywhere in any job.



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  • continuedProgress
    07-31 11:27 AM
    I'm taking chances as well..... switching to EAD on day 10, if not earlier.
    If probable causes of AOS denial aren't discussed elsewhere, maybe some one knowledgeable can throw some light on the subject.





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  • singhsa3
    11-15 09:39 AM
    Simply and bluntly put

    IV is we. If you are not there , there is no IV. We are in agony and pain. Let us scream so loud that even deafs may lend their ears.

    What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?

    Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)

    Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..

    I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?



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  • nozerd
    01-17 01:55 PM
    Check website of consulate. I know Houston consulate webiste is

    www.cgihouston.org

    You will have to go to the one in your jurisdiction.





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  • h1bnogc
    08-28 10:03 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

    san3297: Please share your experience, it will be greatly helpful to many.



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  • gcpool
    03-26 01:14 PM
    How did you come to this conclusion?

    I will go first: 50%

    :p





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  • sravani
    05-24 10:28 AM
    Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.

    It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is "Get your priority date locked by applying LC under the old system".





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  • tulips
    05-25 08:51 AM
    Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?





    amitjoey
    10-23 11:57 AM
    No question is stupid, we are all learning and there are always these complex and everchanging provisions. I-140 Premium is not available as of now. It could change anytime. Is $1000.00 Lawyers fees? for filing I-140? COs s/he cannot ask for PP fees. Go to USCIS home page to figure out what the I-140 and I-485 FEES are and add your lawyers fees to it to get an approximate total.
    Depends on the center, Texas or Nebraska, I-140 approval takes anywhere between 2months and 14 months. Nebraska is taking 14 months.
    With an older PD, you are very certain to get GC within the next 3-6 months if you do not get stuck in name check and if your I-140 gets cleared.
    Do not lose hope.


    I apologize from the beginning if I�m asking some stupid questions but I�m really confused after I read all those I-140 issues posted on this forum.
    I just received today my LC after a long wait in backlog from 04/2001.
    1. My lawyer is asking me for $1000.00 premium processing fee and some documents from my employer for this PP for I-140. Is it still available?
    2. How long will be until this I-140 gets approved? Anyone who did this lately?
    3. I�m filling I-140 together with I-485. It matters, time PP wise?
    4. Is there another�next step� towards the GC or just wait for those to be approved?
    5. I�m so �squeezed� on my wallet, how much money will be still needed until the GC is in my hand?
    I paid so far more then 35G. - The previous �steps� in processing fees and lawyer�s fees.

    I would really appreciate some honest answers; I�m seriously thinking to go back to my country if the GC will be too far away.

    Thank you guys for your attention and thanks IV for the good work done so far.
    :)





    Euclid
    03-19 09:43 PM
    The firm I work for is also signed up for E-Verify. It's lawyers were cool with the receipt rule. I have also checked this with the international student's office at my grad school. I am absolutely sure this is OK to do.

    Remember, that the I-9 receipt rule (and e-verify) is not just for international students. It is also meant for permanent residents and citizens who happen to be waiting for a lost document to be replaced. It is unthinkable that they would be asked to stay at home while the govt agencies mail them their documents.

    Your HR is wrong. Find the relevant info on this from the DHS website and fight with them. Remember, unless you plan to work in the HR department, it is probably OK to pick a fight with them. :-)