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  • doesntmatter
    05-20 09:47 PM
    lfadgyas - Thanks a lot for replying to my query.

    First I have to apologize I missed out a detail in my question - will update my post to reflect this too. After Nov, 2007 the status of the L1-Extension application has been changed to Denied on April 3, 2002.

    I did have a question about working during L1-Extension, I have been doing research since my last post - please read below:
    8cfr274a.12
    -----------
    20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to �� 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.

    Will that put my case in a different situation? If I did start counting, shouldn't I start counting after April 3, 2002 to Sept 2, 2002? That is less than 180 isn't it? Or is this not even applicable?

    Thanks a lot for responding once again.

    Do you or anybody have recommendations of Lawyers?




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  • drirshad
    06-30 02:51 PM
    Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....

    I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....




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  • hsj
    07-10 12:06 AM
    Hi,

    I had applied for my EAD renewal from Nebraska on 6/10 and got the card production ordered mail on 7/8. So your renewal should hopefully come through before your current EAD expires




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  • pappu
    09-18 10:37 AM
    Healthcare reforms and their covering of "illegal aliens" in question.

    Both are non-issue in this forum!

    Both Healthcare reform and undocumented in question are issues that affect everyone on this forum. The healthcare bill is also important before CIR happens. The posts by blogfeeds are very helpful if you wish to know what is happening around you that affect your immigration issue and what others who work in the immigration area think.

    People need to stop thinking narrowly about their EB3I PDs and visa bulletins only. If we wish to do advocacy effort, a good understanding of politics, current events that affect immigration reform is very important. Our community needs to read more about the political process, how to do advocacy efforts more than discussing EB2vsEB3 fights, tracking or sending junk emails to lawmakers. It only shows our ignorance of American political process.If we do any effort without understanding the political process, it will do us more harm than good.



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  • dvb123
    11-21 11:06 AM
    [Federal Register: November 21, 2007 (Volume 72, Number 224)]
    [Notices]
    [Page 65588]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr21no07-75]

    -----------------------------------------------------------------------

    DEPARTMENT OF HOMELAND SECURITY

    U.S. Citizenship and Immigration Services

    [CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
    RIN 1615-ZA61


    Cuban Family Reunification Parole Program

    AGENCY: U.S. Citizenship and Immigration Services, DHS.

    ACTION: Notice.

    -----------------------------------------------------------------------

    SUMMARY: This Notice announces U.S. Citizenship and Immigration
    Services' Cuban Family Reunification Parole Program. Under this
    program, U.S. Citizenship and Immigration Services is offering
    beneficiaries of approved family-based immigrant visa petitions an
    opportunity to receive a discretionary grant of parole to come to the
    United States rather than remain in Cuba to apply for lawful permanent
    resident status. The purpose of the program is to expedite family
    reunification through safe, legal, and orderly channels of migration to
    the United States and to discourage irregular and inherently dangerous
    maritime migration.

    DATES: This Notice is effective November 21, 2007.

    FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
    U.S. Citizenship and Immigration Services, Department of Homeland
    Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
    20529, Telephone (202) 272-1613.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In furtherance of the U.S.-Cuba Migration Accords, the United
    States endeavors to provide a minimum of 20,000 travel documents
    annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
    Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
    1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
    ``Migration Accords'')). In so doing, the United States offers a safe,
    legal, and orderly means of coming to the United States. To date, the
    majority of travel documents issued under the Migration Accords fall
    into one of three programs: family-based immigrant visas; refugee
    resettlement; and parole under the Special Cuban Migration Program,
    also referred to as the Cuban Lottery. For information on the Cuban
    Lottery, see http://havana.usinterestsection.gov/diversity_program.html
    .

    Two aspects of the existing array of migration programs limit the
    ability of the United States to effectively promote safe, legal, and
    orderly migration as an alternative to maritime crossings. First, with
    the exception of ``immediate relatives'' (e.g., spouse, unmarried
    child) of U.S. citizens (USCs), the number of family-based immigrant
    visas that are available in any given year is limited by statute. See
    Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
    U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
    long waiting periods before family members remaining in Cuba may rejoin
    the USCs and lawful permanent residents (LPRs) residing in the United
    States who petitioned for them. Second, the United States has not been
    permitted to hold a new registration period since 1998 due to
    constraints placed on the Cuban Lottery program by the Cuban
    Government. This greatly reduces the pool of individuals to whom the
    United States may issue travel documents.
    For these reasons, this Notice adds the Cuban Family Reunification
    Parole (CFRP) Program to the list of migrant programs based on which
    the United States issues travel documents under the Migration Accords.

    II. The CFRP Program

    Under the CFRP Program, USCIS may exercise its discretionary parole
    authority to permit eligible Cuban nationals to come to the United
    States to rejoin their family members. See INA section 212(d)(5)(A), 8
    U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
    for urgent humanitarian reasons or significant public benefit); see
    also 8 CFR 212.5(c) & (d) (discretionary authority for granting
    parole). Granting parole to eligible aliens under the CFRP Program
    serves the significant public benefit of enabling the United States to
    meet its commitments under the Migration Accords as well as reducing
    the perceived need for family members left behind in Cuba to make
    irregular and inherently dangerous attempts to arrive in the United
    States through unsafe maritime crossings, thereby discouraging alien
    smuggling as a means to enter the United States. Whether to parole a
    particular alien remains, however, a case-by-case, discretionary
    determination.

    III. Participation in the CFRP Program

    USCIS will offer participation in the CFRP Program to Cuban
    nationals who reside in Cuba and who are the beneficiaries (including
    any accompanying or following to join spouse and children (see INA
    section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
    ``Petition for Alien Relative,'' that has been approved, but for which
    an immigrant visa is not yet immediately available.
    Under the CFRP Program, USCIS or the Department of State's National
    Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
    petitioners whose Forms I-130 have been approved regarding their
    beneficiary's eligibility to participate in the CFRP Program and the
    procedures for requesting parole. However, participation in the CFRP is
    voluntary. If USCIS exercises its discretion to grant parole, it will
    issue the necessary U.S. travel documents to the beneficiary in Cuba.
    These travel documents will enable the beneficiary to travel safely to
    the United States to rejoin his or her family members.
    Participation in the CFRP Program is not available to aliens who
    qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
    INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
    not needed for these aliens, since they may seek visas for travel to
    the United States immediately upon the approval of Form I-130.
    Additional information about the CFRP Program will be posted at
    http://www.uscis.gov.


    Dated: November 15, 2007.
    Emilio T. Gonzalez,
    Director, U.S. Citizenship and Immigration Services.
    [FR Doc. E7-22679 Filed 11-20-07; 8:45 am]

    BILLING CODE 4410-10-P




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  • sunny1000
    12-14 12:15 AM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.

    If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.

    I assume that you both are Indian citizens.

    If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).

    If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).

    If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
    1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
    2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
    3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
    4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.

    Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.

    Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.

    From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.

    Good luck.



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  • GreenCardLegion
    03-01 05:21 PM
    Give us all more detailed info on your GC process. You say 485 stage and PD Mar 2003 from India but is your labor approved? Is your 485 filed and pending? is your 140 approved? Anyways

    For H1 if you have had 20k for one year then that might be an issue. The issue here is the prevailing wage criteria must be met for any particular year for your geographical area. There are 2 things:

    1) If you employer resides in a different state than your working state then you would have had to have a valid LCA for the geographical location where you actually work.

    2) For your geographical location DOL will have a set prevailing wage for your occupation listed on your LCA and that wage (ex: 43000$/year) must be met atleast. Even if employer had said he will pay your 60K in H1B or LCA and even if he pays atleast the prevailing wage for that area for any year then there should not be any problems. If that is not met then there will be problems or might be problems. Please consult an expert attorney to handle this.
    Good Luck.




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  • amits
    07-17 06:20 PM
    I don't have words to show my gratitude and appreciation for IV team.

    On July 2nd, I was so upset. I did not have a clue of what is going to happen.

    Then I came across IV. I joined it as I was joining any forum remotely related to immigration issues.

    Logiclife is right, in the beginning it's difficult to realize how important IV is. But as time passed I realized the strength of IV.

    When employers, attorney, doctors all were busy making money out of our misery, dedicated core members and others in IV were preparing to take our cause forward and to fight till we got the justice.

    Today, And I am glad to be a part of it...
    I am with you guys for just 15 days, but I feel empowered.

    Today, I was exuberant, and I don't think this would have been possible without so much effort, unity, perseverance, and enthusiasm in our group.

    I am going to be a lifetime member and contributor to the cause of IV family.

    I run my family in US and understand it's impossible to maintain a family and make progress in the target areas without proper money flow.

    To help in that area, I am making first time $500 contribution and then $20 per month.

    Thanks a lot IV!

    - Amit

    __________

    Google Order #90033**********



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  • valatharv
    07-16 10:54 AM
    Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
    Thanks for replying...

    I have already renewed my passport in April 2010 and corrected father name ...

    I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.




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  • FredG
    August 8th, 2005, 12:15 PM
    I love that shot! Wonder how a flock of small birds passing by (not overhead) would look with their erratic flight paths?



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  • tnite
    03-31 06:24 PM
    Hi All Gurus:

    I am changing my employer with pending I-140 and I-485 both > 180 days.

    RD: 07/23
    ND: 09/13
    EB2/TSC
    PD:12/04

    I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

    Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

    if RFE goes unresponded is MTR the only option left??

    Thanks in anticipation.

    If your old employer revokes the I140 when you leave him, you will end up starting your GC process from scratch.
    You can change your employer 180 days after filing your I485 provided your I140 is approved.
    Think twice before you act




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  • jlander
    January 10th, 2005, 09:23 PM
    I bought the new Sigma 105 ex dg lens from b&h and it shipped today. I just couldn't bring myself to pay so much for the Nikon when every review of the sigma that I read said it was just as good. I should get the lens on Wednesday.

    <?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>

    I bought a 4+ closup lens to put on the front so that I can get even greater magnification. Has anyone ever used them?<o:p></o:p>

    <o:p></o:p>

    As far as expresscamera.com goes, I learned my lesson. I searched for �expresscamera complaints� AFTER I got off the phone. I can't believe I fell for the bait and switch. When I completed my online order, I got an email that I had to call to verify the order. When I did, the operator asked what camera I was using and then asked why I was buying a 35mm film lens for a digital camera.<o:p></o:p>

    <o:p></o:p>

    This caught me by surprise and also made me feel a bit stupid. I asked what the difference was and what he recommended. He then sent me to another page on his site that had the sigma lens for $850 on sale for $750. He then told me that there was a rebate for $150 and he could file it for me for a fee of $50. I told him that I'd file it myself and he offered to wave the $50 fee. He then said that shipping would take 2 weeks and when I balked, said that he would upgrade the shipping to 3 day. The standard shipping price was over $50 with insurance. My total price on the lens was just under $650. By that time, I would have paid anything.<o:p></o:p>

    <o:p></o:p>

    I searched their site and found the Sigma ex dg lens for sale elsewhere for $370. The search function on the site does not work correctly, so it was not easy. What a scam... They have their technique down to a science. I doubt that many people actually end up with what they originally ordered.

    USCIS FAQ3 released [Archive] - Immigration Voice

    View Full Version : USCIS FAQ3 released




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  • gc_rip
    07-09 10:02 PM
    Hi Ann,

    Appreciate your help, and this is more than useful for me.

    "To make sure that USCIS does not find that you have abandoned your
    AOS application you should maintain the validity of your Advance
    Parole if at all possible."


    I have another related question.

    1. As I mentioned, my AP is applied and expected to be renewed till Aug 2011. If I leave my current employer, according to the company policy the underlying I-140 will be withdrawn by the current employer. Would that invalidate my AP already approved, or would it be unaffected and I can safely travel back to USA till Aug 2011?
    If I travel after a long delay of 8 months would can cause any issue on AP based entry?

    2. To renew my AP beyond Aug 2011, can I just travel for a short time to USA in April 2011, and file the renewal? And later by Aug 2011 return back to USA and collect the new renewal?

    Thanks,
    Raj




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  • gcwanter
    06-27 08:38 AM
    If i am on H1 and am the prinicipal applicant ; what is my A# number?
    Is it the number on I94?

    assume I140 is pending



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  • Almond
    07-04 06:50 PM
    Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)


    All the info on his case is in his sig.




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  • MArch172008
    05-22 06:58 PM
    As mentioned by my HR attorney applied my labour application electronically on march 17th and forwarded me a case number starting with c , so i am assuming it was appl;ied at chicago center.

    Its more then two months now i did not have any update from my HR inturn from attorney.
    At the time of aplying attorney did not took any signature either from me or my HR , she said we have to sign at the later stages.

    My fear is I might get a query or it may go into incomplete staus as it was not filled properly.
    I am not sure if it should be filed in that way ....
    Let me know if i am heading in right direction ...



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  • RDB
    08-16 05:12 PM
    Yes, this is part of the pre-adjudication process. No need to take an Attorney if your case is straight forward - but it really depends on you!

    Even though yours and your wife's interview time is different - they will call you together :)....just drop in both the Interview Notices together once in the room.

    Take all the documents that you can - both original and photocopies (don't worry if you don't have originals).

    We had our interview couple of weeks back and all the officer asked was for photocopies of EVL, W-2's along with Tax returns for last 3 years and birth Certificates.

    Hope this helps.

    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?




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  • GCMD0203
    09-10 02:24 PM
    I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19
    Hi,

    I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is

    Have you ever filed an immigrant petition for any person in this petition?

    Last year when I filed for H1 extension I had checked 'NO'

    But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'

    I will appreciate if you can help me with this.

    Thanks,




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  • va_217
    01-08 01:42 PM
    they even do interviews for them to get the job and pay less to the consultant




    ss777
    09-16 10:25 PM
    I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.




    lost_in_gc_land
    01-31 01:18 PM
    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!

    Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?



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