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  • das0
    06-16 09:50 PM
    InTheMoment,

    Thanks for your thoughts.

    H1B is dual status.

    Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.

    Question is:

    If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?

    I thought EAD (though I-485) and H1b are independent ?

    Pls advise





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  • vxg
    07-25 09:22 PM
    Good info vxg. Thanks. I am wondering though how come your job duties didn't change when you got promoted from an engineer to a manager, unless I guess you are an engineering manager and not a business development manager? Just curious. :)
    My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.





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  • OLDMONK
    04-17 02:42 PM
    Filed Feb 22/06 got approved on March 7/06

    I heard that people who ported their Old Priority date are taking that long a time as yours. Is your a fresh application or did it used Older Priority Date.

    Else you may be a victim of IT issues they had initially with perm.

    Anyway, There is a long wait now for filing concurrent 140/485..





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  • Blog Feeds
    07-08 11:30 AM
    AILA Leadership Has Just Posted the Following:


    While the 1986 Immigration Reform and Control Act (�IRCA�) prohibits employers from knowingly hiring or continuing to employ unauthorized workers, the Obama Administration�s decision to vigorously enforce employer sanction laws against employers, before providing a path to U.S. employers to legalize critical essential workers, is plain bad policy. �Immigration officers are investigating workplaces in every state in the US to check whether they are hiring illegal workers.� ICE launches workplace immigration crackdown (http://www.google.com/hostednews/ap/article/ALeqM5h_EhhmjIcqAzvJainjWnJTLRylXQD995P1T80)

    We are in the midst of the �Great Recession� and U.S. industry is struggling to remain competitive. President Barack Obama�s strategy puts U.S. employers and industry between a rock and a hard place. While the law requires U.S. employers to verify, through a specific process, the identity and work authorization eligibility of all individuals, whether U.S. citizens or otherwise, it is practically impossible to obtain legal status for employers who discover undocumented workers in their workforce � even if they have been employed for decades. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html).

    The diligent employer questioning the veracity of employment eligibility documents can face discrimination charges and vigorous enforcement by the U.S. Department of Justice, if for example, they check only Latino workers, or subject certain classes or worker to extra scrutiny. The U.S. Department of Justice Office of Special Counsel enforces the antidiscrimination provisions that protect most work-authorized persons from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices relating to the employment eligibility verification process. The law prohibits retaliation against individuals who file charges and who cooperate with an investigation. Office of Special Counsel for Immigration-Related Unfair ... (http://www.usdoj.gov/crt/osc/)

    No one knows how many of the 6,000,000 U.S. employers, as well as household employers, are familiar with, and in full compliance with the complex U.S. immigration law. Many employers are surprised when told the law requires ALL employers to complete an Employment Verification Form I-9 for any new employee hired after November 6, 1986, or face huge civil fines, and possible jail sentences. The I-9 Employee Verification form must be completed within three days of hire for all hires including U.S. citizens.

    Vigorously enforcing this law without providing employers any way to keep essential workers puts employers struggling to make ends meet with the possibility of receiving huge fines, and even prison sentences if they "knowing continuing to hire five or more workers." Actual knowledge of the undocumented worker's status isn't always required, and "constructive knowledge" will suffice where the employer "should have known" of the worker's status. For example, if the employer tries to sponsor an undocumented worker for immigration benefits, the employer is presumed to know of the workers lack of immigration status. The Department of Homeland Security, through its enforcement division, Immigration and Customs Enforcements (ICE) has undertaken a massive new enforcement effort directed at employers large and small. More than 650 US businesses to have employee work files audited (http://latimesblogs.latimes.com/lanow/2009/07/more-than-650-businesses-nationwide-to-have-employee-work-files-inspected.html) Los Angeles Times - ?Jul 1, 2009.?

    The focus on audit enforcement is clearly evidenced by the rising number of worksite audits, increased heavy civil penalties and likely continuing criminal prosecutions resulting from worksite violations. Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home) New York Times - ?Jul 1, 2009? �The Obama administration began investigations of hundreds of businesses on Wednesday as part of its strategy to focus immigration.�


    While employers need to be extremely cautious and take steps to ensure that their employee verification papers are in order, the government needs to fix the immigration mess BEFORE pursuing this new aggressive policy of conducting ICE AUDIT "RAIDS�. Employers should be given an opportunity to pursue a legal path for essential workers before the Immigration and Customs Enforcement officers come �knocking at the door.�
    http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story (http://www.latimes.com/news/local/la-me-immigemploy2-2009jul02,0,7434438.story) Los Angeles Times: L.A. employers face immigration audits.

    Many employers are caught in a Catch-22 when it comes to employee verification. �If you�re in the roofing business, if you�re in the concrete business, you don�t have American-born workers showing up at your door ... you have Hispanic workers showing up at your door, and they have what looks to be a legitimate Social Security card ... under our current law, if they have a card that looks legitimate and you don�t hire them because you suspect they are illegal, then you are guilty of discrimination and could be investigated by the U.S. Equal Employment Opportunity Commission that�s the current system and it�s broken." Said Norman Adams, co-founder of Texans for Sensible Immigration Policy to the Houston Chronicle: Immigration crackdown goes after employers. http://www.chron.com/disp/story.mpl/special/immigration/6506722.html (http://www.chron.com/disp/story.mpl/special/immigration/6506722.html)

    Vigorously enforcing these laws without providing an option to employers is plain bad policy and it could make our economic situation worse. My experience with the employer verification law is most employers are simply not familiar with all aspects of the complex immigration laws. Most employers don't know that if they question a legal worker�s documents, the U.S. Department of Justice (U.S.D.O.J.) may charge them with discrimination. The adverse impact on the economy and on the housing market could be serious. The substantial economic contribution of hard working immigrants is clear. Economic contributions of immigrants come in many forms in California. (http://topics.sacbee.com/California/) The California Immigrant Policy Center (http://topics.sacbee.com/California+Immigrant+Policy+Center/) estimates that the state's immigrants pay $30 billion in federal taxes, $5.2 billion in state income taxes, (http://topics.sacbee.com/state+income+taxes/) and $4.6 billion in sales taxes (http://topics.sacbee.com/sales+taxes/) each year. The Selig Center for Economic Growth (http://topics.sacbee.com/Selig+Center+for+Economic+Growth/) calculates that the purchasing power of Latino and Asian consumers in California (http://topics.sacbee.com/California/) totaled $412 billion in 2008 � nearly one-third of the state's total purchasing power. The U.S. Census Bureau (http://topics.sacbee.com/U.S.+Census+Bureau/) found that California (http://topics.sacbee.com/California/) businesses owned by Latinos and Asians constituted more than one-quarter of all businesses in the state as of 2002, employing 1.2 million people and generating sales and receipts of $183 billion. Where would our economy be without these immigrants? http://www.sacbee.com/opinion/story/1981220.html (http://www.sacbee.com/opinion/story/1981220.html) Sacramento Bee: Immigrants are not a fiscal drain.

    Comprehensive immigration reform requires a path to legal status for the undocumented and an orderly system for future worker flows to allow U.S. industry to innovate and compete globally. It will require a complete overhaul of the government agencies that now mismanage a slew of immigration programs that could and should be the rejuvenating lifeblood of our nation. http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html (http://www.nytimes.com/2009/06/30/opinion/lweb30dream.html) New York Times: Opening a Door to Young Immigrants.

    The American Immigration Lawyers Association (AILA) understands the issues from a deep perspective, not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers to enable employers to legalize critically needed workers in agriculture, construction, and to provide future flows in certain areas including scientific fields, where as many as two thirds of our advanced degreed graduates are international students. We must also provide due process protections and restore the rule of law in immigration adjudications, and in our immigration courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372).https://blogger.googleusercontent.com/tracker/186823568153827945-4886898674742904565?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html)



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  • logiclife
    01-03 10:58 AM
    We will start a system of monthly recurring payments today.

    It will be using paypal. We have had paypal for over a year now and its easier to setup that way.

    Everyone, please hold on to signup for monthly recurring payments.

    The options will be :

    $20 per month.
    $50 per month.
    $100 per month.

    They will be secure transaction thru paypal and you can connect your chosen credit card or debit card to paypal and each month paypal will deduct the amount and send it to IV.





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  • arpu31
    11-17 01:03 PM
    I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

    Thx

    Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

    Arpu



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  • GCwaitforever
    02-06 04:40 PM
    Hi,
    What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?

    This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
    - kd

    Why do you worry about something that is so far off in future? Given the current retrogression, it takes three or four years anyway for GC to be approved.

    Also not all agreements are enforceable. An agreement has to have give and take - Employer offers something and Employee offers something. They can not claim in agreement that you work for them for two years without specifying what they are doing for you in return. So you may ignore the paper agreement completely. Check with an attorney.





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  • indio0617
    04-06 11:03 AM
    Wonderful Summary !

    Thanks...



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  • snathan
    05-11 06:22 PM
    Can I go to India and after the cleanace can I get the visa stamped in india?

    If its cleared, they will issue the stamping here itself. If they deny it here, in India also they will deny.





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  • meragcdedobhai
    10-27 12:39 PM
    to Motivated...

    It seems like sheep when we are in touble to we are running helter skelter.



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  • Almond
    06-17 09:57 PM
    I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...

    It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...

    Same thing here. I've been to infopass a million times already. Some of them will tell you straight up that it's on someone's desk and to wait and come back in 1-2 months. Others will feel sorry for you and make some copies of your stuff and fill up some paperwork to "put it on the officer's desk"-you know, just to give you some hope. I've even gone with a lawyer's letter. Nada. Basically, you're at the system's mercy and the infopass people are just customer service reps that are there to answer your most basic questions. Get beyond basic and you're out of shit luck.





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  • admin
    03-28 06:03 PM
    I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
    However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
    I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.

    posmd,

    If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.



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  • jnraajan
    03-29 04:13 PM
    hi Munna,
    thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.

    Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer





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  • sagar_nyc
    02-11 12:00 PM
    Yes My 140 was approved close to Sept 19.. Thanks


    I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.



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  • waitnwatch
    05-25 11:28 PM
    QGA, Senators and their staff do have my heartfelt thanks. I wonder how we can convey our thanks to all of them in some orderly fashion.

    A good old fashioned thank you card signed by some of our core would be the best way to go. I guess we could design a card with the IV logo on it.

    My two cents.





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  • go_guy123
    01-11 08:35 AM
    The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...

    More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)

    GOP can actually do something on imigration side. They already have the conservative votes (conservatives have nowhere else to go) and get some latino vote to top it in the swing states.



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  • sparuthi
    08-07 09:08 PM
    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth





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  • addsf345
    07-17 06:46 PM
    Just got back from Canada. It was really straightforward.

    Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
    On the way back showed green cards, again no questions....

    Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D

    so this is only for ppl with BOTH white card and green card.

    what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?





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  • vinoddas
    07-30 10:59 AM
    If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.

    Hi,
    Could you please elaborate on this point? Under what conditions can she use *my* priority date?





    nitkad
    04-29 01:57 PM
    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.

    If you think no one is giving you correct answer, just spnd some money and consult a lawyer.





    vivache
    09-21 05:42 PM
    "Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."

    Unintelligent question :).
    What time frame do we expect this to kick in .. if it does?
    (I know you can't give a definite date .. but just curious)

    Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ..)



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