Friday, June 10, 2011

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  • GCard_Dream
    07-27 01:07 PM
    hahaha.. this is so funny.

    Good one. Please keep it coming. :D

    There was a joke on something similar. I hope no one finds it offensive. It is just plain funny.

    This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."

    Doctor: Ok..Take off your pants and let us have a look at your friend.





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  • GCchakravyuh
    07-17 12:53 AM
    Thanks to Business week for well presenting the facts...





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  • desi3933
    07-10 09:29 PM
    Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
    Thanks.

    Take printout of this page
    USCIS - Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)


    .





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  • GotGC??
    01-14 07:54 PM
    1. She's eligible to get the I-94 expiry date as July 2008
    2. As 1 above, but even if she gets July 2007 there's no real difference; she's legally admitted till July 2008 (from the I-94 on the I-797) and for any travel post-July 2007, she'd need a visa stamp anyway.
    3. Since the re-entry is so close to the visa expiry, the POE officer may say something like "hmm...your visa is expiring in July 2007" which is a good time to show the new approval and get the later date. Otherwise also, it's prudent to show the new approval and get the updated I-94.

    I think we may have spoken about this , but here is my question :

    My wife has her passpot with visa stamped till June 2007 from my previous company. She has a new I-94 extended till 2008 July. She will be going to India in March and will be back in May (before June 2007 expiry of the visa on her passport). Here are my questions :

    1. Will at the port of entry she would get the June 2007 on her I-94 or the extension I-94 date of July 2008. I know it will depend on the POE officer, but I want to know what has been the experience of such cases...?

    2. In case she gets June 2007 on the I-94 at POE, can I get it corrected at the local CBP office to July 2008 after she is home here in US? Remember it's not a mistake by the POE officer but he/she giving preference to visa stamp and not the extension paper ?

    3 Does it make sense for my wife to remind before hand about the extension at the POE and argue it ? Has anybone done that and is it safe ?



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  • radhay
    04-09 02:27 PM
    looking at your handle you might be working for IBM. Not sure if they are still using Fragomen law firm.
    You don't need to get H1 stamping done if you have Advance Parole. Some firms may be suggesting their clients to renew H1B so they can charge bunch of fees. Since it is no cost for you it works in your favor as having H1B and EAD as backup doesn't hurt.





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  • zuhail
    05-07 11:23 AM
    Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).

    But I found this article from Murthy.com to be conclusive on this matter.
    MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)

    Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.



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  • roseball
    04-24 08:56 AM
    Since your I-94s are already expired, I would advise to talk to your attorney asap and follow his advise....Do not rely on a forum to get suggestions on a time sensitive situation...





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  • add78
    05-29 01:54 PM
    This is good information. Thanks for sharing.
    Glad to see that you are getting help from senior members. Can IV get some help from you? Please donate to IV's and your own cause by participating in the funding drive here http://immigrationvoice.org/forum/showthread.php?t=19224
    and actively participate in your state chapter's initiatives.
    Thank You.



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  • LondonTown
    05-04 07:58 AM
    Hi-

    My H1-B expires in August 2011. My I-94 was stamped only until May 20, 2011 because my passport was expiring early. Now I have a new passport.

    In March 2011, I also applied for a renewal of my Advance Parole(AP) and EAD and they are still pending approval.

    I am planning on travelling to Canada next week by road(through Detroit) to get my I-94 renewed. So If I travel to Canada, will my AP application be considered abandoned?

    Also, can I just cross into Canada by road, wait for a couple of hours and come back into the US to get a new I-94. I know usually you don't surrender your I-94 when visiting Canada for less of 30 days.

    I am hoping I would be able tell the Canadian/US immigration officer that I need a new I-94 and hopefully surrender my older I-94 and get a new one when coming back in. Please let me know if thats not possible and I need to fly to Canada to get a new I-94.

    Thanks


    You may try going to the nearest CBP office. We had the similar situation (except our visa on the passport was expired) and visited nearest 3 CBP offices. Two offices said that since it is not CBP's fault you have to extend the validity of I-94 via I-539 but the third office issued a new I-94 without asking any questions.

    Technically they only fix the errors made by their officers but they can do it if they want.

    Since you have a valid visa on your passport so you have an option to go out of country and come back with new I-94 or you may try visiting CBP office.

    If you plan to visit CBP office, use the word error not correction- just staple both passport together and hand over along with I94 and I797 and point them to the date of I94 vs I797 and let them interpret.





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  • dpp
    02-12 12:35 PM
    It is only either Nebraska or Texas now. No other centers process I-140. For Texas center, it is appx 1 to 3 months. But for Nebraska, it is anytime from 6 - 9 months.



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  • wanaparthy
    03-24 12:21 PM
    -





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  • intheyan
    08-13 09:03 PM
    Back log elimination..
    I took Infopass to enquire about my name check. I even showed the print out paper that says about the 180 day rule after initiating the name check process.

    My name check is initiated in OCT 2007 still pending stuck in name check. My pd is current my processing days rule is applicable. My RD is July 2 nd 2007 at Texas.

    The office was repeatedly saying that FBI has given them FEB 2009 as time limit on clearing the Name check. The officer doesn't care about the Aytes 180 day rule.

    The officer told they are sticking with the FBI Time Frame and not with the 180 day rule b'cause they need to follow the FIFO for the already pending cases on Name check for years ... say for 3 yrs.



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  • va_dude
    02-17 04:31 PM
    Hi.
    Most of us who filed during jul/aug 2007 got our FPs done later that year.

    Aren't those FPs valid for only 15 months or so?

    So have folks started receiving their second FP notice yet?

    Thanks.
    va_dude





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  • dingudi
    03-05 01:57 PM
    Yep..they just noted that I came for the initial appointment and asked to come after my finger heals..i had surgery on the finger and went back after the finger healed

    If you dont mind telling me, which ASC you went to ? can you give the city and state? Also when they put a note on the FP notice , do they return the original FP to you or they keep it. The reason I am asking is I am thinking of doing a walk-in at some other ASC in case the original ASC asks to reschedule instead of doing walk-in after healing. So I will need the original FP appointment if I goto some other ASC. My wife has some travel plans in coming 2-3 weeks and want to get this out of the way.



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  • Blog Feeds
    04-26 11:30 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)





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  • thakkarbhav
    11-17 12:31 PM
    I believe that from I 485 stage both cases (Primary applicant and dependant) are different. Primay applicant can be on H1-B or EAD for work purpose but the immigration status will be AOS.

    Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.

    If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.



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  • morchu
    05-06 11:51 AM
    You are NOT eligible for AC21 benefits (for the part of continuing the GC even after jobchange) on your I140 yet . So technically if the job is different you need another LC and I140. But thinking from a broader view, LC states, job title, description, wage and employer. So from an LC point of view, as long as the stated conditions there remain the same, the job is the same. As long as the job is SAME no issues.
    Absolutely no issues, as long as you have a letter from same employer does not matter.





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  • met3259
    07-18 04:40 PM
    i was reading http://www.immigration-law.com/Canada.html just now,
    and I know that each year only 140000 green card is allocated for EB category.

    I have several question regarding this number/quota:

    1. Does that number (140000) include the spouse/all dependents of applicant ? or just the main applicant ?

    2. I keep hearing of this 7% cap for each country, what does that mean ?
    does that mean each country only have maximum of 9800 (7% * 140000) green card each year ?? or is it depend on the number of citizen of the country (for example citizen in India is bigger than Japan, so India will get bigger quota)


    thanks in advance :D

    Let me guess - your PD (that is somthing we call a Priority Date -- the date you applied for LC (Labor Certification)) was YESTERDAY?????





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  • thomachan72
    03-28 01:51 PM
    Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
    Have arrived here at the age of 15 or under;
    Have lived in the U.S. for at least 5 years;
    Graduate from high school;
    Serve in the military or attend college for at least two years; and
    Have good moral character.

    Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.





    senthil1
    08-02 10:00 AM
    This a good beginning to pass sub commitee in House. Chances are more in passing house if it comes to floor. Will it come? Actually anti immigrants were late in reacting sub commitee but they are targeting Senate more aggressively than house. Might be their aim is to filibuster in Senate with a few Senators.Time is a problem now. Only a few weeks are available before dec. May be if they cut short debates it is possible to pass as law. Looks like house leadership is determined to pass. Still the house bill tells that implementation will be on next fiscal year. If the bill is signed as law after oct it will be implemented on oct 2009 unless they change the date


    Congress has gone into unscheduled recess till Sept 8th. Then it'll be too close to elections. Once new congress is seated, all bills introduced before then will not have any standing. So, let's be realistic and not get too excited.





    little_willy
    03-04 04:37 PM
    Congratulations !!! Happy for you, enjoy your freedom.



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