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  • validIV
    03-20 05:14 PM
    Wow. This is gonna hurt a lot of people.





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  • Lasantha
    07-05 01:11 PM
    I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...

    in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...

    my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...

    yes, I never looked at it that way.





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  • Adam
    08-19 11:41 AM
    nice, temp :thumb: I might have a go later as well. I doubt I'll be able to pull it off though :lol:





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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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  • GCBy3000
    05-03 09:24 PM
    Admin,

    I was eagerly looking from May 1st for the contribution update. Today is May 3rd and it still shows the contribution as of April 28. Could you please update so that all of us can know the acheivement as of May 1st.





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  • horscorp
    02-09 06:56 AM
    Thanks a lot. I understand the process better now.



    Horscrop,

    Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.

    Ann

    PS-Am enjoying all the snow---so beautiful and peaceful.



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  • moonrah
    07-22 11:46 PM
    Hi,
    I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.

    My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.

    I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.

    I have two options:
    1. Stick with my current company and take the money.
    2. Switch to new employer right away and file new PERM.

    My dilemma is:

    With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.

    With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.

    Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.





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  • saileshdude
    08-26 03:20 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.

    Ok. First you need to find a good attorney like Ron Gotcher or Murthy. Do a few consults. Maybe with murthy herself ($250 or something). Also do consult with Ron Gotcher . I think that is for free. I know of at least murthy and Ron who have been successful in these kind of cases. They should be able to answer your question also regarding whether MTR going to the same office or not. Also if you can, make sure that your I-140 was approvable from the begining. I read a case as recent as yesterday on IV somewhere that if I-140 was not approvable from begining than it cannot be considered for porting purposes for AC21. I doubt that your case is similar but make sure about this.

    Also try to find a litigation attorney who deal with immigration as well as filing lawsuit because if you cannot file MTR then this may be your only other option.

    Also contact the IV people here as well as local senator and Ombudsman Office. I think all this collective effort should get you back on track.



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  • gbof
    06-03 06:35 PM
    Sorry... I thought he was a genuine person who turned to IV for help. Anyways, I didnt tell him anything illegal.

    For how long AOS primary applicant can be job-less?





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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks



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  • thakurrajiv
    01-22 02:10 PM
    Yes, I am also going through the same process. But if you pay off everything, you have to pay 2% of your loan amount as penalty fee.

    So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.

    Its same for every bank in India.

    This is an option. I did one more trick. Made big part payment and asked them to reduce my EMI. Now I have EMI of Rs. 1200 for next 13 months. No penalty.





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  • abhisam
    07-25 03:47 PM
    this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.

    so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.



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  • Saralayar
    12-12 05:18 PM
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and file gathering dust waiting for visa number.

    On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.


    P.S : If you are an advanced degree holder born in India. Hahahaha.

    GOOD ONE... TIME TO LAUGH AND RELAX.....:D:D;)





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  • eb3retro
    12-13 10:05 AM
    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram


    good morning sunshine...



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  • immigrant2007
    08-05 01:37 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    --Is it a DREAM?





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  • dcrtrv27
    10-09 02:33 PM
    This happens from time to time dont know why but it happens.It happened for my wife too , we had efiled for EAD and her application status showed that notice(FP) returned as undeliverable. My wife wrote back to USCIS
    saying that she had received all her prior communication from USCIS here
    (for example we put in copies of 485 recipt notice,485 FP notice,EAD recipt notice) and it seems to a mistake of USPS. She also wrote to the Local Postmaster as to why the notice from USCIS was returned and in future all this should not reoccur. Within a day or two we got her EAD approved and recieved it in mail.
    The point I am trying to make is that calling(it might not be the best option as lines are busy,reps dont have the info you would like etc) as well as writing does help when u know the where to send mail , we were lucky as we had efiled so it does specify where to send the application and docs .Good Luck.

    In my case just now I called up again with POJ method got hold of nice IO. She took her own time to dig out all teh information rleated to my case and saught confirmation on many things like address name etc. After few minutes she said dont worry about the online status my case is assigned to officer. I hope whatever the outcome will be good.



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  • tonyHK12
    10-16 10:15 AM
    what is the cost for premium processing

    $1000





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  • kams
    08-14 08:13 PM
    Congratulations. Glad to see that a 2004 PD also received the approval!





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  • no_more_anger
    02-06 05:46 PM
    > If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    No. That is incorrect. A manager is responsible for managing people (besides other
    duties). That is a totally different job description and different category for labor.

    Some useful info:
    * If you are on H1 and job description changes (like u become a manager), H1
    amendmend MUST be filed.
    * If you are using EAD, then company doesn't need to file anything. If a RFE comes,
    you are required to show proof of job position with job description corresponding to
    that of approved labor. If your company is ready to do that (or u can get that somehow),
    you are good.
    * If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
    * Lastly, I know people in many companies where for HR purposes they are still a
    developer (or whatever) and for real, they perform totally different job functions (like
    marketing). If your company allows this, then it's an option (not legal, but practiced ).

    Disclaimer: I am not a lawyer.





    kewlchap
    08-21 03:13 PM
    The words in red are standard for an EVL (employment verification letter) request. That is nothing to be scared of.





    cbpds
    08-05 02:23 PM
    Guys as gk_2000 said it does not apply to us
    Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)



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