Tuesday, June 7, 2011

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  • centaur
    02-09 11:09 AM
    Excellent idea.

    Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
    grounds for a law suit!!




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  • PD_Dec2002
    07-13 05:40 PM
    Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D

    You can add to your own reputation by clicking the "balance" icon.

    Thanks,
    Jayant




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  • pathiren
    07-21 03:16 PM
    Guys this is not a post to project your problems. This is the post to build up support and encourage immigration voice to plan a campaign to address current backlogs and future backlogs which will sent in after August. Please build up support instead of asking questions. It is almost obvious the situation is not gonna improve in october, but it will go worse!!!

    Cheers and keep on building support!!




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  • like_watching_paint_dry
    04-12 01:35 PM
    As someone mentioned - Do not Lie.
    Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.

    Exactly what I was going to say. I highly doubt that DOL is out to get you on your H1 transfer in this case... on the contrary, they may be able to get you the money your desi pimp owes you. I would invest the $1000 and speed up the transfer and forget about the whole issue after firing my salvo by responding to the letter. If you get something back, great. Else at the least, you put a bad guy is into a lot of trouble.

    But the decision is all yours. It is not my butt that is on the line so it is easy for me to say.



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  • PD_Dec2002
    08-05 11:04 PM
    I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi

    Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?

    Thanks,
    Jayant




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  • Bienvenido al foro gt;gt; VALENTIN


  • lazycis
    09-29 09:50 AM
    Hello Everyone,

    Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????

    Yes, you can and you need to if you do not want to wait indefinitely. The federal courts routinely held that 2+ year delay in processing I-485 is unreasonable:
    http://immigrationportal.com/attachment.php?attachmentid=16580&d=1182811320
    http://www.immigrationportal.com/attachment.php?attachmentid=16062&d=1176397314



    more...

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  • pardesh
    02-01 08:59 PM
    I recently entered the US using AP, basically she would be abandoning her F1 as soon as she enters using her AP. Her status changes from International Student to Pending Immigrant (or something similar). BTW carry at least two original copies of AP. Even if she plans to work on EAD at school or later after graduation, it just makes sense to enter using her AP (think..).




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  • Valentin Elizalde Muerto


  • smahwal
    08-26 12:09 PM
    I have been noticing soft LUDs on my EAD and 485. The EAD was issued about 2 months ago and I have had 2 soft luds on that and on the 485 in the last week.

    Any ideas on what that means?



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  • rishikesh75
    11-09 10:47 AM
    Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly


    Dear Sir/Madam,
    In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.

    a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.

    The following entries are in TAB format
    Date of Entry mm/DD/yyyy
    Date of Exit mm/DD/yyyy
    I-94 # NA
    Copy Avail? N
    Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]

    b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.

    c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]

    d. Evidence of relationship: I am attaching the following documents
    1. Copy of my birth certificate
    2. Copy of my marriage certificate

    Thanks & Regards,


    <Your Name>
    Encl:
    1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
    2. Copies of H1 approval & extension approval notice [2 pages]
    3. Copies of I-94’s issued [5 pages]
    4. Copy of I-140 approval [1 pages]
    5. Copy of I-485 filing receipt [1 pages]
    6. Copy of birth certificate [1 page]
    7. Copy of marriage certificate [1 page]


    Hope this helps


    QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]




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  • jsporn
    03-18 10:48 AM
    test



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  • jvs_annapurna
    04-19 01:59 PM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful




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  • boreal
    02-25 08:02 PM
    I would like to ask the same question but a bit more specific.

    For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?

    Thanks

    Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..



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  • pardesh
    11-19 01:06 PM
    This was the our Immigration Lawyer's response:


    AP is valid for multiple entries. Generally you receive three
    original approval notices. When you reenter the U.S., the officer will
    sometimes keep one of the originals, but you will still have two others
    to use on future trips. Occasionally, the officer will stamp the AP and
    then return it to you to use again, but if he keeps the original,
    there's not much you can do about it. If all the originals have been
    used, then you will need to file for another AP for future trips.




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  • cyclone_p
    06-25 01:45 PM
    I guess it depends on the employer, but usually the employer put the employee on a "Loss Of Pay" status and the employee cannot work or earn until s/he has the renewed EAD card in her/his possession.

    Approvals or Receipt Notices don't work. One must have the renewed EAD card with her/him to work.



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  • go_guy123
    01-26 10:57 AM
    Is this only for phds or for master graduates too?

    Seems like only for PhD. i can forsee rush to do part time PhDs from bottom of the barrel universities.




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  • Siddharta
    09-26 04:41 PM
    If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.

    Are you 100% sure about this.



    more...

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  • desi3933
    05-15 04:17 PM
    I believe that in the original post, Keerthi indicated that he was in India.

    I apologize for the confusion.

    I understood that you have replied for mchhokar's question.
    Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?

    Please accept my apologizes and thanks for the clarification.




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  • ARUNRAMANATHAN
    06-12 07:24 AM
    immigration1111

    Please confirm this .... couple of things USCIS grants for professional with this situvation

    1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )

    2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware

    3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....

    Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee

    Hope this helps and Good Luck to him !

    Arun




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  • dontcareaboutGC
    03-19 11:24 AM
    Ignore this if this is a repost!

    U.S. House of Representatives
    Committee on the Judiciary
    Subcommittee on Immigration, Citizenship, Refugees, Border Security,
    and International Law
    Hearing on Comprehensive Immigration Reform: Government Perspectives
    on Immigration Statistics

    Testimony of Charles Oppenheim
    Chief, Immigrant Control and Reporting Division
    Visa Services Office
    U.S. Department of State

    June 6, 2007
    2:00 p.m.
    2141 Rayburn House Office Building

    Chairman Lofgren, Ranking Member King, and distinguished members of
    the Committee, it is a pleasure to be here this afternoon to answer
    your questions and provide an overview of our immigrant visa control
    and reporting program operated by the U.S. Department of State. The
    Department of State is responsible for administering the provisions of
    the Immigration and Nationality Act (INA) related to the numerical
    limitations on immigrant visa issuances. At the beginning of each
    month, the Visa Office (VO) receives a report from each consular post
    listing totals of documentarily-qualified immigrant visa applicants in
    categories subject to numerical limitation. Cases are grouped in three
    different categories: 1) foreign state chargeability, 2) preference,
    and 3) priority date.

    Foreign state chargeability for visa purposes refers to the fact that
    an immigrant is chargeable to the numerical limitation for the foreign
    state or dependent area in which the immigrant's place of birth is
    located. Exceptions are provided for a child (unmarried and under 21
    years of age) or spouse accompanying or following to join a principal
    to prevent the separation of family members, as well as for an
    applicant born in the United States or in a foreign state of which
    neither parent was a native or resident. Alternate chargeability is
    desirable when the visa cut-off date for the foreign state of a parent
    or spouse is more advantageous than that of the applicant's foreign
    state.

    As established by the Immigration and Nationality Act, preference is
    the visa category that can be assigned based on relationships to U.S.
    citizens or legal permanent residents. Family-based immigration falls
    under two basic categories: unlimited and limited. Preferences
    established by law for the limited category are:

    Family First Preference (F1): Unmarried sons and daughters of U.S.
    citizens and their minor children, if any.

    Family Second Preference (F2): Spouses, minor children, and unmarried
    sons and daughters of lawful permanent residents.

    Family Third Preference (F3): Married sons and daughters of U.S.
    citizens and their spouses and minor children.

    Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
    and their spouses and minor children provided the U.S. citizen is at
    least 21 years of age.

    The Priority Date is normally the date on which the petition to accord
    the applicant immigrant status was filed, generally with U.S.
    Citizenship and Immigration Services (USCIS). VO subdivides the annual
    preference and foreign state limitations specified by the INA into
    monthly allotments. The totals of documentarily-qualified applicants
    which have been reported to VO are compared each month with the
    numbers available for the next regular allotment. The determination of
    how many numbers are available requires consideration of several
    variables, including: past number use; estimates of future number use
    and return rates; and estimates of USCIS demand based on cut-off date
    movements. Once this consideration is completed, the cutoff dates are
    established and numbers are allocated to reported applicants in order
    of their priority dates, the oldest dates first.

    If there are sufficient numbers in a particular category to satisfy
    all reported documentarily qualified demand, the category is
    considered "Current." For example: If the monthly allocation target is
    10,000, and we only have 5,000 applicants, the category can be
    "Current.� Whenever the total of documentarily-qualified applicants in
    a category exceeds the supply of numbers available for allotment for
    the particular month, the category is considered to be
    "oversubscribed" and a visa availability cut-off date is established.
    The cut-off date is the priority date of the first
    documentarily-qualified applicant who could not be accommodated for a
    visa number. For example, if the monthly target is 10,000 and we have
    25,000 applicants, then we would need to establish a cut-off date so
    that only 10,000 numbers would be allocated. In this case, the cut-off
    would be the priority date of the 10,001st applicant.

    Only persons with a priority date earlier than a cut-off date are
    entitled to allotment of a visa number. The cut-off dates are the 1st,
    8th, 15th, and 22nd of a month, since VO groups demand for numbers
    under these dates. (Priority dates of the first through seventh of a
    month are grouped under the 1st, the eighth through the 14th under the
    8th, etc.) VO attempts to establish the cut-off dates for the
    following month on or about the 8th of each month. The dates are
    immediately transmitted to consular posts abroad and USCIS, and also
    published in the Visa Bulletin and online at the website
    www.travel.state.gov. Visa allotments for use during that month are
    transmitted to consular posts. USCIS requests visa allotments for
    adjustment of status cases only when all other case processing has
    been completed. I am submitting the latest Visa Bulletin for the
    record or you can click on: Visa Bulletin for June 2007.

    BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
    FREQUENTLY MISUNDERSTOOD POINTS:

    Applicants entitled to immigrant status become documentarily qualified
    at their own initiative and convenience. By no means has every
    applicant with a priority date earlier than a prevailing cut-off date
    been processed for final visa action. On the contrary, visa allotments
    are made only on the basis of the total applicants reported
    �documentarily qualified� (or, theoretically ready for interview) each
    month. Demand for visa numbers can fluctuate from one month to
    another, with the inevitable impact on cut-off dates.

    If an applicant is reported documentarily qualified but allocation of
    a visa number is not possible because of a visa availability cut-off
    date, the demand is recorded at VO and an allocation is made as soon
    as the applicable cut-off date advances beyond the applicant's
    priority date. There is no need for such applicant to be reported a
    second time.

    Visa numbers are always allotted for all documentarily-qualified
    applicants with a priority date before the relevant cut-off date, as
    long as the case had been reported to VO in time to be included in the
    monthly calculation of visa availability. Failure of visa number
    receipt by the overseas processing office could mean that the request
    was not dispatched in time to reach VO for the monthly allocation
    cycle, or that information on the request was incomplete or inaccurate
    (e.g., incorrect priority date).

    Allocations to Foreign Service posts outside the regular monthly cycle
    are possible in emergency or exceptional cases, but only at the
    request of the office processing the case. Note that, should
    retrogression of a cut-off date be announced, VO can honor
    extraordinary requests for additional numbers only if the applicant's
    priority date is earlier than the retrogressed cut-off date. Not all
    numbers allocated are actually used for visa issuance; some are
    returned to VO and are reincorporated into the pool of numbers
    available for later allocation during the fiscal year. The rate of
    return of unused numbers may fluctuate from month to month, just as
    demand may fluctuate. Lower returns mean fewer numbers available for
    subsequent reallocation. Fluctuations can cause cut-off date movement
    to slow, stop, or even retrogress. Retrogression is particularly
    possible near the end of the fiscal year as visa issuance approaches
    the annual limitations.

    Per-country limit: The annual per-country limitation of 7 percent is a
    cap, which visa issuances to any single country may not exceed.
    Applicants compete for visas primarily on a worldwide basis. The
    country limitation serves to avoid monopolization of virtually all the
    annual limitation by applicants from only a few countries. This
    limitation is not a quota to which any particular country is entitled,
    however. A portion of the numbers provided to the Family Second
    preference category is exempt from this per-country cap. The American
    Competitiveness in the Twenty-First Century Act (AC21) removed the
    per-country limit in any calendar quarter in which overall applicant
    demand for Employment-based visa numbers is less than the total of
    such numbers available.

    Applicability of Section 202(e): When visa demand by
    documentarily-qualified applicants from a particular country exceeds
    the amount of numbers available under the annual numerical limitation,
    that country is considered to be oversubscribed. Oversubscription may
    require the establishment of a cut-off date which is earlier than that
    which applies to a particular visa category on a worldwide basis. The
    prorating of numbers for an oversubscribed country follows the same
    percentages specified for the division of the worldwide annual
    limitation among the preferences. (Note that visa availability cut-off
    dates for oversubscribed areas may not be later than worldwide cut-off
    dates, if any, for the respective preferences.)

    The committee submitted several questions that fell outside of VO�s
    area of work, therefore, I have provided in my written testimony today
    the answers only to those questions that the Department of State can
    answer. Thank you for this opportunity.




    obelix
    03-02 11:28 AM
    Hi All,

    I just wanted to get a second opinion on my situation. I would really appreciate if you can share your thought.

    I work for a typical consulting company but luckily has been working for the same client for 3yrs with a vendor in the middle. I've got paid all the time without any issue. My visa (H1B) is due to expire in Sept 2010. I have valid visa till that time.

    I was just evaluating if I would be better off filing my extension in April (1st week) as I can do 6month ahead of the start date or should I wait. Another point to note is - I'm getting married in June so I need to visit India for about a month and coming back in July. So, I can start processing after that too.

    My personal preference is to file for extension in April with Premium Processing and hopefully I get new valid I-797. Go for stamping while I'm India for another 3yrs and also have my wife get H4 visa. I think this would be an ideal situation for me.

    Does anybody see any issue in the plan? What would you do if you are under similar situation?

    I would really appreciate if you can share your insight or similar experience. I would be happy to share more information if needed.

    Thanks,




    aquarianf
    07-19 08:45 AM
    my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com

    wonder why different attorneys have different requirements


    Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.



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