Monday, June 13, 2011

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  • gg_ny
    02-16 10:06 AM
    Sorry I was busy doing my work and hence could not immediately answer your questions on hypothetical situations and some wrong conclusions.
    FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
    One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
    Like somebody said, good luck!


    I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?





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  • dpsg
    04-05 01:10 AM
    All,
    I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
    freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.

    We should define ground rules for ourselves which will lead to efficient use of core members time:

    1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
    2) Keep one long thread without duplication.
    3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
    4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
    5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
    6) Never use derogatory remarks, even against proven distractors.
    7) Please put forward only genuine concerns clearly to avoid misunderstanding
    8) Ignore "whiners", But fully respect people with genuine concern/objection.
    9) Please put forward only thoughts relevent to scope of current forum/discussion..
    .. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
    10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
    by not only passionate for our cause , But also professional in our responses.
    11) Try to propose ideas which are attainable/pragmatic or You can add words like "I would like to see".
    Definately All of us want some resolution out of this problem, But setting too aggresive milestones may results in
    taking off eyeballs from low hanging fruit, wich IV is going after to begin with.

    Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.





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  • rgrant
    06-02 01:37 PM
    don't send copy of passport or DL. it clearly says not to, and my experience was it is unnecessary, as you will get a biometrics appointment (where they check your id).





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  • java_jaggu
    06-20 04:29 PM
    logiclife, I am not sure whether we can file the 485 on our own with a letter from the employer. The letter from the employer is part of the "Initial Evidence" required to file the 485 petition. Here is a snippet from the immigration-law website talking about the importance of submitting the initial evidence at the time of filing. There is a high possibility that your I-485 petition will get denied(without an RFE) if you don't submit it without a letter from the employer.


    06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing

    As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.



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  • desi3933
    08-28 03:40 PM
    internal for who do u work DOS/USCIS u jerk


    You must be *so proud* of yourself.





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  • nixstor
    09-07 04:00 PM
    1a) Both translated and original are needed and might be sufficient. As of my knowledge, they are issuing them in local language and English currently in my native place.

    1b) DOB Cert by itself from the Consul's office will not be sufficient.

    1c) Every 485 applicant needs DOB certificate. So your wife does.

    3a) It depends on a variety of things like if you had chicken pox before or not. If you had been to school in US and have any immunization record / some sort of health record you submitted to them when you came in, the doctor might accept it. AFAIK, It is a 1 hr process how ever appointments might be 2 weeks away :)

    3b) Tests are valid for one year.

    http://www.uscis.gov/graphics/formsfee/forms/i-693.htm



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  • tabletpc
    09-24 10:43 AM
    But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.

    I am single but still I would say Family based visias should be given first preference over employmeent. They need it more than us. Think about the seperated family. GC is not stopping u from working right...?? But GC for familys separated is stopping them from living together.





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  • Ann Ruben
    02-06 04:39 PM
    A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.



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  • brij523
    02-18 11:42 AM
    Anyone else!! Lets join to help ourself.





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  • Jerrome
    10-18 05:56 PM
    I have got EAD and AP.I think i would not have got them if the 140 is not filled.

    I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.

    I wanted to know is there a way out.



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  • bestia
    07-25 04:23 PM
    Let's donate our blood, then our kidneys, then our hands, legs. If we can't immigrate as a whole, let's then immigrate part-by-part ;)





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  • dxldad
    05-12 01:30 PM
    I don't mean to hijack the thread and my PD is 2010 anyway but I have a question also.

    We know that we need to get all this vaccination thing done during 485 stage and a civil surgeon does that. But do we need to get all this done/verified at our regular physician before we go to the civil surgeon?

    All of us have these polio, measles thing done but we don't have a record to show. So does the doc give us new/follow up shots to fulfill the criteria...and we take that to the civil surgeon.

    looks like the civil surgeon is just a stamping authority, the real deal has to be done by our doc. Please let me know.

    The civil surgeon does everything but you need to pay cash for it. If you have the documentation from your primary care physician, you could ask for a discount, which is what I did. Your insurance pays if you get it done from your PCP.



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  • sparklinks
    04-10 08:34 AM
    Thanks buddy !





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  • MYGCBY2010
    10-03 11:16 AM
    USCIS addresses RFE's to attorney who represents you, you will not get the RFE. Even if you call USCIS, they will not provide you with clear details.

    Try calling them to know about your RFE; you might get lucky!

    I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.



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  • gemini23
    11-19 09:57 AM
    Thanks for above posters.

    As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.

    In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.





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  • ragnarok
    07-19 02:39 PM
    I've entered the US in 2000.


    Can you explain what PD and EB is?



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  • Munna Bhai
    01-23 08:09 AM
    Lage Raho...We will Win. Thank you core-team.





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  • $eeGrEeN
    08-02 01:38 PM
    Can you please explain further - what you mean by "So, the person intended to cash it cannot. " Does it mean that if you make a request to track the MO thru' PO then USCIS will not be able to encash it.


    Your's is thru' a Bank . My response was regarding a MO thru' USPS.

    I guess that is what the person intended to ask >>>

    "I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"





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  • getgreened2010
    11-21 10:26 PM
    Guys I have a question.....do you only require transit visa while coming back to US through London from India (because you don't have a valid visa stamped on your passport). If you are traveling from US to India via London transit visa is not required as AP holders from India have a valid visa (Indian Passport in this case) for their destination country.

    Because my flight from US to India is through London but while coming back I am flying through Qatar. I am on Advance Parole please let me know.





    chanduv23
    03-31 01:55 PM
    I am a July 2nd filer and I attended 485 interview in local field office in Dec 2008. A week back they sent me a denial notice cliaiming I filed the application when my priority date was not current which is an error on their part.

    So, I need to file MTR. This includes a $585 application fee + Legal-Fee (don't know yet - still waiting for my attorney to get back).

    $585 can be refundable as its their error, but not the legal fee which I am guessing ~$1000, meaning I have to shell out $1000 for someone elses simple mistake.

    I am comtemplating to file MTR by myself, the application I-290B seems simple and the reason involved here is also simple. But, before I do that, I would like to know if anyone else has done this before so that I can know the things I should watch out for?

    The forms look simple. I did look at the form. But there is some risk involved in doing it by yourself.

    The officer might have quoted some law for the basis of the denial and you have to have legal wordings to support your MTR - say clauses and references to clauses or memos. So, the best thing is to use a lawyer.

    You are so close to GC - why take risks?

    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.





    casinoroyale
    04-02 09:52 AM
    My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.

    Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.



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