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  • Can2004
    03-01 10:49 AM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.

    Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.

    Any suggestions on how to respond to this RFE.

    Thanks





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  • Roger Binny
    03-07 01:04 PM
    This has been answered many times, it doesn't hamper existing EB3 case, only after EB2 140 approval USCIS links the old PD to existing 485.





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  • waitingnwaiting
    12-10 08:10 AM
    Its so depressing & frustrating Not to see any movement in EB2 dates. For the past 3 months there had been no movement in the EB2 dates. Every time I open with a hope that something will happen but its the same shit each time.
    Don't know when this wait for GC will be over, friend of mine who spend equal or may be less time as me in UK had now got the PR of UK, some who went to AUS, S'Pore got PR within 1 yr and same with Canada...but this US is the only sucking place with screwed up policies which benefits only the business and govts.

    You are EB2 and should be very happy. Imagine the pain of EB3 guys.

    You will get your greencard in no time.

    If you are depressed and frustrated in EB2, what do you think EB3 is?





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  • BB_1976
    06-17 09:20 AM
    My H1B expires in Oct 2006, I applied extension for my 7th year and got approval till Oct 2007, based on pending labor with company A. I am planning to change employer soon. They are planning to file my Labour before end of 6th year. Still I am confused. My 7th year starts from Jan 2007, will this H1B be valid even if company A is withdrawing my application or even if the company closes?

    I saw in the earlier posting that 8th year extension is valid even if the employer withdraws the pending LC

    I heard for someone else that my 7th year H1B becomes invalid when the company A withdraws or closes.

    Please advice. I really appreciate your help.

    thanks:)



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  • EndlessWait
    01-17 12:51 PM
    what's happening these days..they are so slow..they take almost an year to process. By the time you get ur H1, you've to file the next..and so on on..

    :mad:





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  • Dhundhun
    03-14 07:22 PM
    I was offered a ticket to India without me asking them (big american corp). But since I was not going back and found another job within a short time, it was of no use to me. They will usually buy a ticket for you, won't give you money directly.

    If company has brought you from India and terminated the job, as a part of filing H1B obligation, they are supposed to give a ticket to go back - but not cash.



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  • USDream2Dust
    10-15 12:26 PM
    Hi,

    I just had medical RFE for both me and my wife. We are July 2007 Filers and somehow our medical documents got lost or whatever, We received an RFE from USCIS and replied just in time.

    I am primary applicant and I would be loosing job at end of october. I would not be finding a job due to personal reasons and would be on a 3 month severance package till january.

    My Question is what are the chances of getting an EVL RFE during those 3 months? I know nobody can predict USCIS, but according to my lawyer, if they wanted EVL, they would have that in the RFE and chances of getting another RFE in another 6 months is very very slim.

    This logic makes sense to me too. But anybody got weird experience where they received RFE, Responded to it and then got another completely different RFE in a short duration?


    Thanks for you help,
    USDREAM2DUST





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  • SeanDell
    06-01 02:33 PM
    Search for "six-month rule", in "trave.state.gov"
    If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
    And yes, I mean official requirement for "entry".

    How you think H1B documentation will act as a proof of "permanent residence" intention?


    Hi Morchu,

    I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.

    Ok, so how can one prove his intention at the POE for GC?

    ....would appreciate your reply.



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  • OLDMONK
    09-16 03:48 AM
    To begin with, H4's or F1's, J1's, student or whoever from outside USA, all had equal opportunity. No one took anything from anyone here, they just like anyone else looked for jobs, posted resumes, got interviewed, qualified the interview and were offered a position/sponsor.

    There will also be lot of those who are not H4's and have a H1B visa approved, are outside the US and would never make it here on their coveted H1B visas. I can guarantee you that.

    And its not a matter of being chicken as you mention, its a matter of convenience. EAD allows you to work much more freely, and I am sure you know that.

    Who knew that 485/EAD filing would become possible with retrogression we had in April.

    And I would rather not comment on your "coveted/qualified professionals statement", as you seem to be assuming that people on H4 visas are not qualified professionals. (most spouses who are here for 6 or more years were professionals to begin with and a good percent of those went to school for Masters/Advanced studies or MBA and would qualify under SKIL category for Green Card's today, assuming SKIL Bill was to happen anytime)

    Remember H1B filing expense is at 3-5k levels and in today's times automatically filters out non qualified candidates, any company would be insane to sponsor a candidate without proper screening, I agree there would be a miniscule %age of people who may have abused the system, please don't generalise.

    ....and I assure you that 65k (well actually 58k) numbers would always fall short.





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  • pappu
    06-16 09:22 PM
    Good comparison. if you have more informatiion, do add to this thread.

    COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING


    The purpose of this page is to address the advantages and disadvantages of Adjustment of Status and Consular Processing. There are various factors that need to be considered, including the procedures, the cost, the time and the risks involved in each process.

    I. TIME
    Generally, Adjustment of Status Applications take about 12-15 months to be approved by the INS. In most cases, Consular Processing takes approximately 6 to 9 months, depending on which US Consulate is chosen.

    II. CONSULATE NOTIFICATION
    The decision to consular process often turns on the issue of whether the overseas consulate will accept an application without notification from the INS via the National Visa Center (NVC). At present only a handful of Consulates will accept such an application. The usual course calls for the INS to send notice of the approval of the I-140 to the NVC in Portsmouth, New Hampshire, which then notifies the particular consulate.


    From time to time, an I-824 is required in order to Consular Process. In these scenarios, Consular processing takes in excess of one year and is almost never a good option. Because some consulates are realizing that the I-824 processing times at the Service Centers are unreasonably lengthy, several Consulates have opted to allow consular processing in their discretion without the requirement of the notification from the NVC. Under this process, the AC I-140 (attorney certified I-140), the attorney directly sends the Consulate a certified copy of the I-140 approval notice.


    There are a few things to keep in mind if you choose the AC I-140 process. First, not all consulates recognize it. Second, some Consulates may later switch to an approach where they demand the I-824. Third, some of the consulates who do accept ACI-140 do so only on grounds of hardship, such as the aging out of a child.

    III. 180 DAY PORTABILITY RULE
    Persons whose I-485s have been pending at the INS for 180 days or longer are ordinarily eligible to transfer to a new employer without abandoning their I-485 Adjustment of Status Application. The rules surrounding the 180 Day Portability are new and can be complex. However, the Portability rule can provide great relief to employees who are concerned that future lay-offs or Reductions In Force may cause their permanent Residency Applications to fail. Because of several liberalized I-485 rules, it usually a poor choice to opt for Consular Processing.

    IV. LOCAL ISSUES
    Each consulate has its own nuances. Most U.S. Consulates require police certificates for all applicants 16 years or older covering all periods that they have resided in a foreign country. This requirement does not exist in the case of adjustment of status. The consular officers also require a certified copy of any military records, whereas this is not required in adjustment of status applications. The consulate in Manila will only accept birth certificates issued by the National Statistics Office. A person who does not have all the documents at the time of the interview will need to appear for a second interview.


    In all cases however, the medical exams have to be completed by a designated doctor in that country. In London, the medical exams are completed the same day as the interview. However, in Johannesburg, Chennai, and Mumbai, the medical exams have to be completed at least two weeks before the interview. Essentially, this means the employee will need to spend approximately three weeks overseas or will require two trips overseas.


    In most cases, interview notices are generated approximately 30 days prior to the actual interview. As a practical matter, families need to depart the U.S. immediately upon receipt of an interview notice in order to have plenty of time to complete the medical exam.


    In addition to the general procedural differences between the two processes, there are more stringent requirements in consular processing. For example, it is generally easier to obtain waivers of certain medical grounds for exclusion, such as HIV, if you are Adjusting.

    V. COSTS
    Another issue that should be analyzed is the cost associated with each process. The major monetary difference is travel costs. Plainly, you only need to pay for a flight overseas if you are Consular processing. This can be burdensome and costly where there are several family members.


    Another factor that may indirectly affect the costs to the employer and employee is the time that will be required to be spent outside of the United States. During the adjustment of status process, a person can continue their employment in the United States while the case is processing. In consular processing cases, they are required to be out of the U.S. for approximately a month, assuming no problems arise in their case. If problems do arise in their case, they may need to stay overseas longer than anticipated. Alternatively, they could, in most cases, come back to the U.S. but would need to travel to the consulate again for a follow-up interview. Obviously, this adds to additional time away from work and additional expenses. In addition, for employees who have school age children, this would require the child's absence from school.

    VI. RISKS
    The major factor in deciding whether to choose adjustment of status or consular processing is the risk involved. By far, consular processing is much more risky than the adjustment of status process. First, consular processing provides less opportunity for attorney assistance. In the adjustment of status process, the attorneys prepare the application and file it with the INS. If the INS has a Request for Additional Evidence or any issues in the case, the information is sent to the attorney at which time the attorney can review the issues with the client and submit a response. In consular processing, the consulates do not allow the person to be represented by an attorney during the interview. Sometimes the attorney can stay in the waiting room and address any questions that the applicant has, but is not allowed to actually represent them at the interview.


    Second, consular processing involves a personal interview whereas the adjustment of status does not. Of course, any time that there is a personal interview, there is more risk that the applicant will say something unfavorable to his case. It also provides the officer with more time to go in depth into the applicant's immigration history or any issues of excludability. For example, if the employee's job title or job duties have changed at all since the filing of the labor certification then there is more of a chance that the consulate will focus on this issue and could deny the application. In contrast, in adjustment of status the INS does not delve into the exact job duties, (e.g. specific tools, utilities, software) but rather focuses on the job title, salary, and whether there is a continued offer of employment.


    Third, consular officers sometimes work with a mindset of distrust because they are accustomed to seeing fraudulent cases. Keep in mind that Manila, Mumbai, and Chennai are high fraud posts.


    Fourth, anyone who has been unlawfully present in the United States and is subject to the 3/10 year bar would immediately trigger that bar once he departed the U.S. Clearly, a person in this situation should not even consider consular processing as such as decision would be fatal.


    Finally, and most importantly, a denial of a visa at a Consulate post cannot be appealed.

    VII. EMPLOYMENT FOR SPOUSES
    Spouses can obtain employment authorization while their Application for Adjustment of Status is pending at the INS. They are ineligible for work authorization while their Consular Processing Application is pending.

    VIII. CONCLUSION
    In sum, consular processing can be advantageous in some situations. However, the decision to do consular processing should be made on a case-by-case basis based upon the particular consulate and the facts of each case. Ordinarily, Adjustment of Status is the better approach.



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  • saint_2010
    09-10 06:43 AM
    yes...really what might have happened that day?..





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  • njdude26
    04-08 08:05 AM
    im sure you can come back if you drive into Canada because your I94 will still be with you.



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  • daily jobs
    02-11 06:07 AM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.The actual category determine at the stage of I-140 as you ask USCIS to consider the case as EB2 or EB3 but to ask the EB2 or EB3 at I-140 stage the job description as well educational requirements should be filled in labor such a way so you can support the EB2/EB3 at I-140 stage.:eek:





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  • willgetgc2005
    03-22 07:37 PM
    Sent to my Attorney.



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  • ajay
    03-10 03:31 PM
    Friends,
    Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:

    Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
    We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
    Please mail any of your queries to our customer support team at

    Also the remittance options menu has disappeared.

    I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.





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  • GCBoy786
    09-11 04:58 PM
    Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.

    Guys, Please update if you hear more of similar cases.



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  • 10dulkar
    02-28 07:18 AM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS

    what is your PD, catagory and country please?





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  • bigboy007
    11-01 01:49 PM
    Couple of questions : I am planning to apply for EAD . I have already filed 485 on July 2 and got receipt no.s .

    1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?

    2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.

    Need ur views.





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  • pmpforgc
    10-20 08:26 PM
    [QUOTE=bluekayal]Quick approval, applied on 10/17 and approved on 10/20 after continous LUDs. The customer service rep at TSC told me when I called this morning. Awaiting the 5 emails.

    But on the I-485 things are bit muddy. TSC told me the fingerprint is stuck at FBI, FBI told me today they returned on the same day..Aug 22, 2006! TSA rep suggested we fax the TSC Director to request updating records. My boss did that. Lets see what happens.

    Its a relief to have an approved I-140![/QUOT

    Hi Bluekayal


    Congrates on your approval.

    Can you email me or post here some details about how to check about FBI name check. what is phone no and prompts and what information they ask before they give any info?

    I am rethinking to try for preimu again? whats your suggestion in my case?

    to ort job do we need 6 months after I-140 approval ? or we just need 6 month after filing of I-485 and approved I-140?

    Congrates again. I am really happy for you as you had cleared atleast one major milestone in this unending journey





    psaxena
    03-09 06:46 PM
    Thanks Vin13.
    I was thinking the same, to have my wife work on EAD.. so does that mean she will have to give her H4 away to work on EAD. Will that any issue while she travels and comes back on AP. I know it should not but just wanted to conform on the same.

    Now also can you suggest on the scenario somehow I get a denial of 485 , what then my wife will have to do ? will she have to go back to the India and get a H4..
    Please advice.

    Thanks in Advance.





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