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  • techbuyer77
    06-12 05:27 PM
    i am currently legally working with the new employer.
    My queston is how likely is to get approved before 180 days





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  • sapking
    12-14 11:13 PM
    What did your attorney say?





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  • casinoroyale
    08-22 12:01 PM
    I have my own doubts about this matter, same as you. But doesn't your I-797 remains valid till its expiry date? Is there any such rule that if its un-used it will become void or should be cancelled after 6 months?

    In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.


    I am not 100% sure on this reply ....

    As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.

    Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.

    You may want to check with some good attorney though.

    Sorry, not much help.

    Good luck.
    GCCovet





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  • ajkastar
    07-27 01:32 PM
    Hi,

    We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
    We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
    Your response will be appreciated. Thanks.
    Thank you!

    Yes I had my 1st fingerprints done in 2003 and 2nd in 2006. Status was updated for first but not for second firgerprints.



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  • gc_on_demand
    12-03 01:43 PM
    My friend got h4 without any issue last week at mumbai consulate. Her husband was on h1 full time for 6 years with same company. No document asked and few questions regarding trip. etc..





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  • gc_on_demand
    09-19 10:54 AM
    Hello All

    I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.

    Can I travel if visa is going to expire in 2 weeks. but having ext approved ?

    Can i eligible for emergency appointment worst case ?

    What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?

    Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..



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  • abheja
    08-25 04:59 PM
    Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?





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  • gc_on_demand
    08-06 02:37 PM
    Hello All

    Friend of mine is applying for I 485 . And confused about One perticular question in form. Question is

    Have you received public assistance in the United States from any source, including the U.S.Government or any State,county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future? YES / NO .

    His wife had used Medicaid and WIC for prenetal care when she was on F2 Visa. My Friend was in F1 visa by that time. He took opinion from two different law firm and got totally different response. One firm says Medicaid and WIC are not part of public charge so donot put YES there. Another firm is asking to put YES and explain in seprate sheet. Does any one has same or simillar situation and already filled I 485 or got gc.

    These are docs I found on USCIS for public charge

    http://www.uscis.gov/files/article/public_cqa.pdf


    http://www.uscis.gov/files/article/Public.pdf

    http://www.uscis.gov/files/article/public_cfs.pdf


    Please help in this matter. Any suggestion welcome.



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  • kumar1
    07-13 03:02 PM
    Can I open up a company while on H-1B? Can that company sponsor it's CEO's (that's me) GC in EB-1 category? After all, CEO should be EB-1. Can I then get some peons/servants from cheap countries on B1/B2 and pay them just per diem? Can I hire them first at my father's place in India and let them work at my father's place for 1 year and get them here on L1? Should I get them on L1-A or L1-B? My mom spends a lot of time in temples back home...can I bring her on Religious Worker VISA?

    BITZBYTZ...........can you think stright for a moment?





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  • Appu
    11-15 11:32 AM
    Anyone in Nashville? What can I do from Nashville?



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  • pavish
    09-12 11:12 PM
    i had tb 5 years ago,and i am perfectly ok but in x-ray still has scars.what should i do?i have a lots of tention ?becoz in gc medical exam is compulsory .even though i am perfectly ok now still have scars.plz suggest me what should i do?


    X Rays can differentiate between active TB and scarring. Scarring seen on X Rays will not hold up your GC application





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  • Blog Feeds
    01-12 07:30 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiHkoG1eh_VK_w4iVk0spAhAQ5tTkaIzr0T0gketBPuZDVgGS51D3SvmeAnpgYECVcKaUkxGHPvgtBG9spCMqoEhzrEVriSqZT6gWXerPXkExnGC3X_lGe-nPaBaob-11L5F4ZLyV_2Qms/s320/2010-01-01+ICE+detention+2.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiHkoG1eh_VK_w4iVk0spAhAQ5tTkaIzr0T0gketBPuZDVgGS51D3SvmeAnpgYECVcKaUkxGHPvgtBG9spCMqoEhzrEVriSqZT6gWXerPXkExnGC3X_lGe-nPaBaob-11L5F4ZLyV_2Qms/s1600-h/2010-01-01+ICE+detention+2.jpg)All Americans should be outraged by the Sunday New York Times report about how ICE officials schemed to cover up the deaths of detainees in detention. http://bit.ly/6p2xlX. The online edition includes a link to a horrifying video of an ICE detainee, Mr. Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed while writhing in agony on the floor in his own vomit, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died.


    It would be one thing if death in ICE detention was a rare occurrence. But, unfortunately, it's all too common. In a related article, also published Sunday, the Times reports about other ICE detainee deaths which were the result of substandard medical care and abuse. http://bit.ly/6gJlXu.


    As I sat down to write this blog, I hoped to pen a stinging piece expressing my anger and calling for a full overhaul of ICE's detention system, not just more press releases and empty promises. But the New York Times articles speak for themselves �107 people have died in ICE custody since 2003 (not counting the immigrants who were released shortly before death so they wouldn't be added to the tally). Added to my anger is the revulsion that I feel toward an agency that is not only incompetent to care for those it locks up, but whose bureaucrats conspire to avoid paying detainees' medical bills and hide from bad publicity, rather than attend to immigrants in their custody. It seems not one of the faceless ICE bureaucrats is ever called to answer for his or her transgressions. Indeed, participating in the abuse and neglect of ICE detainees may have resume value. Just ask Nina Dozoretz, who was the longtime manager of ICE's Division of Immigration Health Services and Vice President of the Nakamoto Group, a company that, according to the Times, was hired by the Bush administration to monitor ICE detention. Dozoretz reportedly participated in the ICE conference calls where officials debated ways to avoid paying for Boubacar Bah's medical care, and came up with a scheme to shift the costs to his indigent relatives before he died. Shockingly, she was recently hired by the Obama administration to overhaul the ICE detainee healthcare system (I guess I won't hold my breath waiting for positive change I can believe in as it relates to ICE health care).

    The abuse is not limited to ICE detainees who are unfortunate enough to become ill or injured while in custody. Last month Chris Crane, Vice President of the Detention and Removal Operations of the union representing approximately 7,200 ICE employees who work in detention and removal operations, testified before the U.S. Congress. He described the abuse faced by immigrants detained at facilities run by private contractors and seriously questioned ICE's will to investigate and police the system.


    I have been told that some contract workers in certain facilities have allegedly engaged in consensual sexual misconduct with detainees and it has also been alleged that there have been instances in which contract guards have raped female detainees. It is also alleged that contractors are smuggling contraband into the detention facilities. In areas near the southern border of the United States where contract workers also assist with the transportation of detainees, it has been alleged that contract guards have been involved in, and arrested for, smuggling foreign nationals into the United States. If any of these allegations are true, it certainly begs the question, "what is ICE doing to stop these problems?" As one veteran ICE officer stated to me last week, during a conversation regarding contract guards smuggling contraband into detention facilities in his area, "ICE managers are well aware of the problems in the contract facilities, but don't seem interested in doing anything about it." While this statement may surprise many in the American public, it would not surprise ICE employees who are well aware of problems within ICE management and the unethical manner in which ICE internal investigations are conducted.


    Frankly, I have read enough articles about abuse and death in ICE detention. There can be no doubt that the system is corrupt to its core. Can you imagine if, instead, the Times had reported that an American had died in Iranian, North Korean, Cuban, or Syrian custody under similar circumstances? We would all be incensed. The Administration would call for heads to roll, impassioned speeches would thunder on the floor of Congress, and the blogs and media pundits would rage. But the cruelty described by the Times is homegrown. It is endemic to the ICE detention system and will continue unless something is done to stop it.


    Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. In light of what we now know, that effort is too little, too late. The ICE detention system is a national disgrace, requiring President Obama to take immediate steps to protect the constitutional, civil, and human rights of ICE detainees, including,



    Suspending ICE's detention authority by placing it in receivership with the Department of Justice pending a full investigation of the abuse and deaths in detention;
    Ordering a top to bottom review of ICE, in particular its detention and removal operations, with the goal of overhauling the agency so that the human rights of ICE detainees will be respected and the rule of law enforced; and
    Ordering the Department of Justice to commence appropriate civil and criminal investigations of all deaths in ICE detention and pursue all appropriate civil and criminal remedies.
    We owe it to the families of the 107 people who died in ICE custody to see to it that the abuse, neglect, and deaths are stopped once and for all. Maybe then they will be able to take comfort in the fact that their loved ones did not die in vain.

    https://blogger.googleusercontent.com/tracker/186823568153827945-3721695949729474764?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/secret-horror-stories-death-and-abuse.html)



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  • atlfp
    04-08 02:44 PM
    Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.

    If you look at the visa bulletin, you can be absolutely sure they are not seriously counting EB3 numbers. There is no description/predictions or whatsoever on EB3 category, which means they have no solid data to support their EB3 cut off data. They are just waiting for the 245i flood to come.


    Atlfp,

    I have had several conversations with the staff of the CIS Ombudsman on this issue. Believe it or not, DOS has been resisting official efforts to release these figures. Just last week I also talked to the Office of Communications at USCIS about this issue -- no promises have been made but it is an on-going battle.

    Also, if you are familiar with the tables in the Yearbook of Immigration Statistics -- those are aggregated tables -- this year (FY 05) for the first time there was a limited release that showed us EB subcategory approvals by country. Such data exists for every year and every table in the Yearbook of Immigration Statistics but is not released to the public -- why? Because the Yearbook tables have been done a certain way since kingdom come. We are also trying to change that.

    So yes, we are trying, but it seems to me that it is not in the interest of an inefficient organization to cast light on the nature of its inefficiencies.

    Will keep members posted on this.

    best,
    Berkeleybee





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  • bikram_das_in
    04-13 02:44 PM
    Congrats bro. Please keep contributing to IV.



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  • meridiani.planum
    07-13 12:32 PM
    Folks,
    Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.

    Background:
    During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
    In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.

    Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
    a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
    b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)

    I am afraid to choose option 2 as they might send my application for some sort of reconciliation.

    Thanks
    Sunny

    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.





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  • Aah_GC
    07-11 07:07 PM
    His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.


    Isn't there a rule that talks about folks getting their 2 year EAD only if they are two years (or some timeframe) away from their PD?



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  • bfadlia
    06-11 08:10 PM
    Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT

    It's an honor to have you in our forum, Mr. T :o





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  • amitjoey
    05-02 07:25 PM
    Guys, this is the time to show the core group that we are a bunch of people thankful that there is IV to help us fight this fight.
    We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.

    I understand that some of you do intend to contribute and have contributed generously in the past,
    But here are some mindsets, All of us fall in these 4 mindsets.

    1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
    2) I have contributed enough.
    3) I will contribute if I feel like, when I see something comming out of this effort.
    4) I do not have to contribute.

    If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can better plan.

    Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.

    Category 3) This has been discussed, I do not want to talk about this category of members.

    Category 4) Again - No Comments-

    Lets show the core team that all of us fall in the first 2 categories.

    The last thing we want the core to do is bite their fingers over funds. We do not want the core to get stressed out over funds. They have enough real work to do already.

    Inspite of being a serious team player, and a generous contributor it took me some time (few days) to sign up for the recurring monthly contribution program back in Jan. so I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. But this is our last chance, I urge you to be one of the 1000 people we need for this effort.





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  • anupsaha
    07-18 10:54 AM
    Great job done... Thanks to everyone for their tired less effort!





    reddog
    09-28 09:48 AM
    Most likely the employer will not go thru the suing process to recover $4000, he will simply put you in his black book.
    At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
    3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
    That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.





    belmontboy
    08-14 09:33 PM
    From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.

    Please read properly
    from the link:

    This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.



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