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  • slowwin
    07-23 07:56 AM
    now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:





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  • webm
    07-11 01:38 PM
    again no one can explain the ridiculous date movements by DOS...so there can be no reason for this..Its just that someone saw numbers being wasted...and they randomly applied them to EB2...Now as for getting approvals for all those that are current now...forget it ...since that is USCIS and that is a whole different Animal (a lazy one!!)

    It's true..even PD,processing times current scenario also..AOS approval rate was very slow...as it happenend for me 2 months May,June being current EB3-I nothing happened..:(

    Crazy CIS and its policies..:mad:





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  • MahaBharatGC
    09-21 02:14 PM
    Count me in.

    This wait is killing us.

    YES YES YES.
    Yesterday was my last day of Canadian Blue Card expiry. I left it as I was able to file for I-485 during July 07 magic. I am in for whatever the fight it takes.
    This EAD renewal funda is killing us...
    Just does not make sense for lack of timelines on EAD Renewals, no proper insights. Why would they need to take 3 months time for renewals?:confused:





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  • bestia
    08-15 03:58 PM
    well... there are still family based categories who rely on visa bulletin...



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  • asia2america
    01-19 09:40 PM
    Hi! I am planning to apply EAD on my own as I could no longer afford to pay my expensive lawyer, but there I am not sure how to answer question 13 in the form which says, "Have you ever before applied for employment authorization from USCIS? Since I was and still am on H1, should I answer yes? Please help. Thanks.





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  • sanju
    11-11 05:37 PM
    I am not sure what lobbying efforts would do for us, haven't worked so far...


    You have been waiting for your GC approval. Have you gotten it yet? No. Everything you have done hasn't worked. Then why continue to wait for the GC? Lets leave.

    You see what I am saying. I am merely using your argument to highlight the ignorance embedded in your post.


    I leave it up to IV core to followup on these ideas. I repeat, as I have done so many times, it is all about marketing + media presence. We won the July 2007 visa bulletin battle because of adverse media reaction to the state department. Grass roots stuff is all good, but no one will ever notice it.

    I repeat, as I have done so many times, asking others to work on your ideas (which you seem to think are original and your own) is common wisdom on these forums. Next time, try to come up with something original.



    .



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  • byeusa
    07-13 06:34 PM
    you are making very sensible points. lets not trash her work.Agreed her firm sucks with beurocracy and penny pinching ( they asked my friend to send $25 whe he requsted them to send the fex -ex next night service for his LC approval when they had charged him $ 3000 for expedited filing of his H1B case, which they took 3.5 weeks to file). Some of her lawyers do hide behind their paralegals but most of the law firms aren't any different. So please do not blame her for that. She is a good lawyer.

    One thing that i noticed though that she was rallying her clients to file 485 after july 2nd so that they can take part in the law suit. Once she was done billing her clients and the client checks cleared, she posted that she does not want to join the lawsuit as it will lead to increased scrutiny of her cleints. Go figure...





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  • bkarnik
    07-25 06:46 PM
    Thanks a lot, please keep us posted about the outcome, even if we have one percent of hope, there is no harm trying that.

    Guys,

    This argument is not new. I had started a thread a while back http://immigrationvoice.org/forum/showthread.php?t=556&highlight=bkarnik
    which met with essentially the same reply from the IV moderators. My underlying issue is that the term "EAD" or anything remotely similar does not even appear in the INA unless I missed it and if so, I would really appreciate it if someone show me where it is.

    Anyways, I sent the following email to my lawyer, the entire chain with names deleted is reproduced here for your reading pleasure. This exchange highlights the apathy with which the legal community (at least my lawyer) view the issue and their knowledge of the law.... enjoy.. :(

    From: Attorney
    Sent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    I see your point. You should contact the American Immigration Lawyers Association with your question. If the issue has not already been addressed by this organization, I'm sure they will readily champion your cause.


    -----Original Message-----
    From: Bkarnik
    Sent: Tuesday, April 18, 2006 6:49 AM
    To: attorney
    Subject: Question..

    Dear Attorney:

    Thank you for your time and the quick turnaround. However, the question still remains. If you notice in the link sent by you below, the USCIS refers to the US 8 CFR 274a.12(a) and (c) According to the USCIS, the CFR is the interpretation made by the agencies of the INA as passed and amended by Congress. The INA itself does not seem to have any clause relating to EAD for employment based categories because I believe the Congress never foresaw a situation where it will take up to 5-6 years for the process to complete.
    I know that the USCIS has on many occasions by using the Federal Register or by Memorandums modified the CFR or changed the regulations governing the validity of the EAD, and I am wondering if something similar can be achieved in this case, wherein an appeal is made to the USCIS to change the rules governing eligibility for issuing an EAD.

    Thanks once again.
    Bkarnik.

    -----Original Message-----
    From: AttorneySent: Monday, April 17, 2006 4:57 PM
    To: Bkarnik
    Subject: RE: Question..

    Hello BKarnik,

    Your argument is sound, however, U.S. Immigration does indeed adjudicate
    I-765 EAD applications based upon eligibility for filing. Please click this
    link: http://uscis.gov/graphics/formsfee/forms/i-765.htm. It will take you to the USCIS web site where you can download form I-765. Included with the form is an instruction sheet. In the section entitled "Eligibility Categories", U.S. Immigration spells out the categories for which form I-765 may be filed. For example, under the "Foreign Students" title, you can see that an F-1 OPT student is eligible to obtain EAD work authorization pursuant to subsection (c)(3)(i). Your eligibility for EAD work authorization will fall under the "EAD Applicants Who Have Filed for Adjustment of Status" title under subsection (c)(9). Unfortunately, there is no eligibility category for I-140 IVP applicants or for IVP approval notice holders.

    I hope this answers your questions.

    Attorney

    ________________________________

    From: Bkarnik
    Sent: Monday, April 17, 2006 2:16 PM
    To: Attorney
    Subject: Question..


    Dear Attorney:

    I had a question for you (actually, it is a series of sub questions).
    However, this has nothing to with my employer or my GC, so if you feel that replying to this question will take up an inordinate amount of time or of you think that this is something that is worthwhile in pursuing, please let me know what your charges will be and I will let you know if I can afford them :)) With that out of the way, here goes:

    The question is about getting an EAD before filing the I-485. I was perusing the INA as posted on the USCIS website. I did not find any applicable law that directs the USCIS when it can issue EADs. It is quite likely that I missed the section as I am not a student of laws as you are.
    If so, can you let me know where to find it? As you know, the EAD issue is mentioned in the US 8 CFR sec. 274a. Now, the USCIS website explains that the CFR thus: The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies.
    These
    regulations apply the law to daily situations. Thus, the CFR is the interpretation of the law by the USCIS for application in daily life.
    If
    that is the case, what prevents the USCIS from issuing EADs upon the approval of Form I-140? Especially, since as you very well know, the Form I-140 is an application made by the employer to the USCIS to petition for an alien worker to become a permanent resident in the United States.
    Therefore,
    the form requires the employer to fill in all the pertinent information about the alien and his dependents. An approval of the Form I-140 indicates (at least to me) that the USCIS has agreed with the employee that the labor certification is good and the alien is approvable as a permanent employee.
    I guess that is one of the reasons, the USCIS allows concurrent filing of the I-140/I-485.

    With the current retrogression concurrent filing of I-140/I-485 is not possible, if the USCIS were to be agreeable to issue EADs to persons with approved I-140 it would make life a lot easier for all while at the same time not impacting the green card process itself. All we are asking is that the EAD be issued after I-140 approval, because it does not make sense to tell an employer that the alien is approved for permanent employment, but at the same time asking the employer to keep the employee in a H1B (i.e.
    temporary status) at no fault of the employer/employee. Can you let me know if my argument is flawed? If not, do you think we have a way by which we can ask the USCIS for its interpretation or opinion on the issue? If we can, and you are willing to take the matter, can you let me know your fees?
    I know that you are very busy, and may not be able to take on the matter even if you find merit in it. In that case, would know of a competent person willing to take it up?

    Thank you for your time and patience,

    Sincerely,
    Bkarnik



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  • andycool
    09-10 02:33 PM
    What are the hopes for EB3-I?
    ZERO


    Till we spend our time in predictions and tracking, till the time we stop jumping the gun in calling for lawsuits, till the time we stop interpreting the INA to find a smoking gun, till the time we stop calling names for USCIS and DOS, till the time we stop blaming 245(i), till the time we stop engaging in eb2 v/s eb3 fight, till the time we stop fighting with each other over irrelevant things, till the time we stop creating these stupid polls, till the time we stop engaging in "number crunching" whatever that means, until that time there is ZERO hope for Eb3-I. Once we stop wasting our time on all these irrelevant things, we will then start spending our time on more meaningful things like speaking with the members of Congress. Then, and only then, there will be a chance of anything good happening for EB3-I.


    Port to EB-2 ......





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  • kvrr
    01-18 10:24 AM
    Hi,

    Appreciate your work for IV and thanks for starting the recurring payments. I realize that IV needs funds now. Can you start another thread and mention a goal amount required in the next 1 week. For example, if you think IV needs 10K in the next week, start a thread with that heading. Whoever is willing, will make additional one time contributions apart from their recurring contributions.

    Regards



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  • GCKaMaara
    04-08 09:26 AM
    A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!

    When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.

    Makes complete sense.





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  • angelfire76
    02-14 09:25 PM
    The pint is well made....

    See the history... all big things ( godd or evil ) started small....


    How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????

    85000 x 6 = 410k. Of which let's assume that around 30-35k are taken by Indian companies who generally don't use the H1B time to the same extent as local companies or desi consultancies. It still leaves around 300k jobs that could be vacated by force.
    Even 30k jobs added "back" to the available pool for American workers is a PR victory for the administration. Besides nobody likes us anyway, which is another PR coup for the antis.



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  • gckabayega
    03-17 12:52 PM
    Does anyone know how many applicants convereted from EB3 to EB2 ?
    I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.





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  • Lasantha
    07-29 01:04 PM
    I would definitely drink this beer if I can get my hands on it. Hopefully it will give me some brains! :D



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  • vandanaverdia
    09-10 04:00 PM
    Yaaaayyyyyyyy....:D:D:p:)





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  • rongha_2000
    11-14 05:17 PM
    Does this vote gives us an overview of how the PDs might be spread out all over? From this poll, it looks like there are not many applications from Jan 2005 onwards as compared to prior to Jan 2005.

    Once that back log is cleared, things wont be as bad for the rest? What do you think?



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  • apb
    07-19 08:03 PM
    USCIS also checks whether you have been paying taxes. W2 alone does not help.

    I meant paying = filing taxes





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  • hara_patta_for_rico
    07-09 07:05 PM
    I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.

    DOS Reg 22 CFR �42.51:

    (a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
    (1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and

    (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.

    Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf


    Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?

    Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?

    PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)

    Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.


    Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.





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  • angelfire76
    05-26 05:47 PM
    Yeah CBP is made up of the most xenophobic people I've met. Even on the Canadian border, as Mexican border it's understandable.
    If Mexicans get ill-treated then the Hispanic groups will yell "racism", but if we do, our fellow PRs and US citizens will look down at us from their perch and say "Follow the law/process". No wonder it's open season on us.





    ek_bechara
    04-06 08:43 PM
    Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.

    POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.

    Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.

    So all this is dino-dung. Stop wasting time at your desk and do something productive.

    Let the red-dots rain.





    mbawa2574
    02-15 02:03 PM
    Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.



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