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  • Prashanthi
    08-27 02:17 PM
    My I-140 and I-485 was filed concurrently in July 2004. I-140 was approved in October 2004 for EB3-India. In November 2006 I changed employers after I informed USCIS. We received notice in March 2007 to show another approved I-140 as my I-140 was revoked. My attorney replied invoking AC21 and stating that my I-140 remains valid. He attached my own letter informing them of employer change notiifcation as evidence.
    On this we received another RFE in Sept 2007 stating that more evidence was needed in the form of employer letter and my tax returns. We replied to this with all the evidence. Then in October 2007 we received finger printing notice which stated that in order to continue my petition finger prints would be required. The case stayed at Vermont service center.
    In November 2008 the case was transferred to Texas and they transferred it to NBC in April for scheduling an interview. The interview was done this month.
    The officer did not have any clue about AC21 and insisted that I must show another approved I-140 or a letter from USCIS stating that my I-140 is reinstated. My attorney told the officer that processing on my petition was continued after the RFE, the officer went to find supervisor and could not find anyone. We were told that they would get back.
    Today they denied my case on the same grounds that underlying I-140 petition is withdrawn.
    What can I do now? I don't have H1B. How much help the MTR would be as it would go to same office. Please help. I am shell shocked.

    DO NOT WORRY FILE A MOTION TO RE-OPEN. Whenever you file a motion the Supervisor will look at it before a decision is give, this is an obvious error because of the Officers Ignorance, this is not uncommon, we have a lot of ignorant officers around. This is a simple case to get approved, as long as you do everything in a timely fashion and submit the required documents. This might delay the processing of your case, but it will get approved as the law is clearly on your side.

    IMPORTANT NOTE: The USCIS should not have revoked your I-140, then you are not eligible for AC-21. It is fine if your employer withdrew the I-140, not sure when you said revoked, who revoked the I-140, i am presuming it is the employer.





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  • gimme_GC2006
    09-14 09:56 AM
    BUMP

    Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?

    Thank you

    In the application instructions..the address for private carriers will be right below the USPS address





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  • perm2gc
    10-04 06:47 PM
    I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:

    1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.

    2. Cost of Living:
    Apartment Rent: 900-1000 Euros per month
    Lease terms: 6-12 months
    Transportation: Public (Bus, subway, trains). You don't need a car.
    Some companies offer a car+gas card as part of the overall
    compensation package.

    3. Salaries: Around Euros 35-45K per year (IT related)
    Taxes: More than US (Around 30-35%)
    Health Insurance: None
    Vacation Time: 20-30 days an year
    Education:Schools are mostly french medium. International schools
    (English medium) are more expensive.
    Desi/Indian population: Limited

    4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.


    Good info..thks





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  • arsh007
    10-05 09:48 AM
    Arsh,

    Good to know these info.
    Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?

    Thanks

    I was on a "Belgium work permit" which had to be renewed each year and was linked to the employer just like the H1. The renewal process itself took a few weeks. Living and working for 5 years or more allows you to become a permanent resident (Please check again since this information is from 2000-2002 and rules may have changed since then). The Belgium work permit allows you to work in that country but you are free to travel across any EU country (France, Spain, Italy, Netherlands, Luxemborug, Germany etc).



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  • amitga
    03-05 01:51 PM
    They have a provision for deporting legal (and illegal) immigrants on their first DUI conviction. Seems to me they are now serious about creating an officialy declared permanent underclass in this country. The house Democrats are also singing the same chorus. I just can't believe that these are the same Democrats who we thought will replace the Republican Congress on the Hill and legalize every immigrants in this country. There were very few on this forum who thoght otherwise during 2006-CIR failure in the Republican congress.:mad:

    Where are the details of the bill? I am not able to find it anywhere.





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  • greyhair
    06-21 09:31 AM
    In 2001, Congress passed a bill called American Competitiveness for 21st Century. This bill recaptured all unused/wasted green cards between 1992 to 2000. These recaptured green card numbers were suppose to be applied for EB by distributing them from 2001 to 2005. As the result starting 2001 you see higher than 140K green cards numbers allocated. However, those additional green cards which were suppose to be applied starting 2001 were wasted, in addition to the green card numbers in 2006 and 2007. Also, my understanding of the law is that if in an year, green number is not utilized in FB, in the last quarter of the year that green card visa number could flow to EB . Likewise, if a green card number is not utilized in EB, in the last quarter the unused green card could flow to FB.

    I read on this forum that starting 2001 (after the unused visa numbers were captured the last time) the total of these unused/wasted green card numbers from EB + FB is around 316K. Hope this clarifies your question.

    But don't count on any new law to recapture green card visas outside of CIR. It is not going to happen. IV core team said that the administration, and both Republican and Democratic lawmakers are opposed to do anything outside of CIR.

    Here is today's news in Politico indicating the same thing -
    Jon Kyl: Obama holding border 'hostage' - Andy Barr - POLITICO.com (http://www.politico.com/news/stories/0610/38789.html)

    If Administration can tie high profile subject such as border security with CIR, is there any chance that lawmakers will let Recapture through (outside of CIR)? I don't think so.



    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435


    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.



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  • zoooom
    10-25 10:04 PM
    Hi There,
    My wife got her H1b approved earlier this year (she was on H4 before) but we also received our EAD's and AP a few months back. She is now planning to go to India. Since we received our EAD and AP she did not start working from Oct. 1(as per h1b)....now that she is going to India the lwayer is asking we withdraW her H1b petition since she is not going to use her H1b anyways. The lwayer is also suggesting she gets her H4 stamped and then come back and use EAD and start working. My question is since the lawyer is going to send an application to withdraw her H1b while she is in India, will she have any problems while coming back. She will use AP on port of entry.





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  • glus
    12-29 09:53 AM
    I think, you should check with an Immigration Attorney before you risk your wife�s multiple entry Visitor Visa.

    My take:

    AFAIK, staying beyond the I-94 expiration date will abandon her Visitor Visa, and she could be denied entry next time.

    In your wife�s case, you have applied for a change-of-status, however a decision has not yet been made, so she should leave the country before the I-94 expiration date and come back later after the F1 is approved. But, leaving the country while the change-of-status application is pending might cancel the change-of-status application, and not the underlying F1 application. So, your wife may have to get a F1 visa stamping abroad to come back later.

    The above said information is purely based on my knowledge and may vary from an Attorney�s view.

    Good Luck!

    Once again, per INA a person is allowed to remain legally in the U.S. while COS is pending. Leaving U.S. while COS is pending is VERY bad idea so several reasons, including but not limited to abandonment of the underlying petition. Please check INA for details.



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  • scubadude
    May 27th, 2005, 09:04 AM
    The background are the bleachers, and the white blob in the upper right is the white T-shirt on another spectator.

    I see what you mean, though. It will give me some things to play with as I continue to explore Photoshop.





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  • meghanap2000
    11-06 11:52 AM
    Hi,
    How much time did they give you for responding to the RFE?
    Also any one has a sample of the affidavit?

    Thanks


    I DID NOT GET rfe BECAUSE i have submitted all the documents upfront along with 485 application. For affadavit format.. go to this link..and see formats ...

    Birth Certificate Unavailable / Affidavit for I-485 - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=144485)



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  • yestogc
    06-09 12:33 PM
    I second your thought khodalmd, ............... when there is no country cap on H1B , why on GC then, this creates more backlog





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  • wandmaker
    02-18 02:33 PM
    One has to pay taxes on worldwide income if filing taxes as US resident. He/she can deduct foreign taxes paid as credit. It does not matter if income is taxed or not in the foreign country.

    It is a key point to know, thanks for posting



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  • kanshul
    05-07 07:03 PM
    I agree..

    Having one document is (almost) as good as a conditional GC...





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  • viva
    01-27 07:54 PM
    Any takers of my pledge?????????????????????????????????????????



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  • gc_check
    11-05 02:45 PM
    Just try to be optimistic and move on. Something is better then nothing. Atleast now you know, you are good after 180 days, if you are not that happy with your current job. But untill then take is easy and keep going with your day to day works. Most folks are much better than they were prior to July. Anyway, the last quarter is typically slow when it comes to job market and use this time to refresh your skills and wait for the right time to make the right move.

    Also having EAD/AP etc.. is better compared to being on H1/L1, but remember it is not as good as having GC. Atlest untill you get you GC, you have to be very careful. Also AC21, make sure you know the rule and take the right steps when invoking AC21.





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  • shreekhand
    08-06 11:14 PM
    Some more data points to that calculation:

    There are 44 I-485 adjudicators at NSC (an NSC IIO mentioned that to me a few months ago) at the conservative rate of 6 apps/visa numbers (EB only) per adjudicator per day it will be 264 visa numbers per day just at NSC.

    Double that and you reach 528 per day at NSC + TSC only.
    Not including district office and consular numbers.

    Say 600 EB approvals per day * 21 working days of August would make it 12600 EB approvals in August.

    If ones multiplies that number for 12 months we reach 151,200 EB visas...which is so close to the number that was approved last year ! (Includes numbers from FB overflow)

    1% to 5% of I485 applicants register in . This figure 1% to 5% is quoted at several places and in absence of any other data, I am using this data. If we take median value of 3% worldwide EB2 approvals are around 50 and so TSC+NSC approved 1600 cases in four working days of August (400 per day).

    Median value is OK for reference, couple of places, it is quoted that 20,000 GC numbers are available for EB2. For 40 working days in Aug/Sep, it averages to 500 GC per day.



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  • greencardvow
    07-18 06:12 PM
    Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.





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  • gcdreamer05
    12-02 10:31 AM
    Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.

    Bottom line, USCIS=random!


    Could you please share how you filed SR, my h1 extn is pending for 92 days.





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  • la6470
    06-03 09:45 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.

    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"





    shx
    09-27 11:11 PM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!





    hebbar77
    09-10 12:28 PM
    MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.

    Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.

    Now I am eagerly awaiting my approval (primary + 2 Dependents).

    My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.

    If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.

    My case looks same as urs! thanks for writing.
    I just hung up with USCIS before I read this.
    first person transferred the call to someone else , that person gave me an email address to forward the earlier SR response and explain the problem!



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