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  • BharatPremi
    09-24 05:47 PM
    My reasoning for less than 3k visas for EB3 I

    Assume EB3 I has 2800 available per year
    2800/12 = 233.33 per month.
    The spread sheet shows that there are 135 pending with PD of March 01 or less. Which is less than 233 the PD did not cross April because there are 452 applications in april. A PD of April makes sense. Using calculation the PD will be July 2001 in Dec.

    if you assume 8080 visas per year then there will be 673 visas availble per month and the PD should have crossed to May 2001 because the total pending 485s on May 1st are 587. If we go with your assumption then the PD in December will be at Jan 2002...I

    You brought a good point to churn on our heads but remember DOS decides the dates not the USCIS and DOS and USCIS do not have any interlinking to set Dates in a bulletin.

    How DOS decides the dates in each bulletin is also a mysterious and unknown area.





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  • WaldenPond
    01-02 02:45 PM
    Excellent suggestions & ideas Leo. You have summed up well where we are headed. The some of the arguments you mentioned above are really very good. We will definitely use them when talking to lawmakers. With regard to the problem with the attached file, I just sent you a private message.

    Thanks,
    -WP





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  • Jitamitra
    01-10 10:32 AM
    Just a thought. I think something is holding back folks to write up these letters directly to president. Do you guys think it's a good idea just to have these letters mailed to IV and then pass it along to white house administration when IV meets them.





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  • shailesh2006
    06-27 10:56 PM
    Can anybody guide me what will be the eligibility code for H4 dependent in EAD form

    shailesh



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  • gc28262
    06-14 02:36 PM
    How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.

    Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.

    l1fraud,

    I sympathize with you. If your job is getting impacted by this, you have every right to complain.

    On a friendly note, you need to upgrade your skill. You cannot survive on just oracle/db development.





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  • indianabacklog
    06-18 07:28 AM
    Hi

    I have a question regarding g28 , did u file this form when you did it yourself ..

    can an attorney file g28 later on if there is a RFE , who else can file g28
    Did not file this form since I prepared all the forms personally. I believe this is only needed if a lawyer files for you.



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  • anilsal
    06-24 09:54 AM
    If her lawyer is quick to respond then you can keep everything ready including medicals and anytime date is retrogressed should apply immediately or the second option is apply for EAD and AP and I-485 case and go tense free and use EAD if you want to change jobs and don't worry about EB2 and EB3.
    If the removal of AC21 succeeds in CIR, then forget about switching jobs.





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  • godbless
    01-22 09:08 AM
    Thats correct. I came back from India yesterday and i used H1 but my wife used her AP to enter at the POE.

    Thats the right way. Probably I should not have told him that I have AP in my hands. This is what my attorney said. But now I have no idea if my h1 will be extended or not once I have used the AP.



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  • chanduv23
    03-24 04:12 PM
    Wow !! They probably did their homework and are prepared to hide behind some loophole in the law to clear themselves of discrimination.

    After reading the other thread link that BharatPremi had posted earlier, it seems there is a possibility that they could claim that they don't want to do sponsorship (which is legal to say so), and hiring an EAD candidate means they may have to do some amount of sponsorship, however small it might be (like providing the correct form of employment letter etc).

    Interesting policy. A lot of companies do not sponser H1b and GC because of the woes, costs and hastles associated with it, though they would love to hire the right kind of candidate. But this company is ready to pass the right candidate just because they have to provide a letter?





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  • trueguy
    08-21 12:22 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........


    Yes, the same law can be interpreted like this:

    EB1-ROW unused visa will go to EB2-ROW
    EB2-ROW unused visa will go to EB3-ROW

    Same for each country.
    But its not happening. What actually is happening that they are giving unused visa from EB1-ROW to EB2-ROW to EB2-I/C. WHY?

    So EB3-ROW is retrogressed bcoz it doesn't get any spillover and hence it affect EB3-I.

    So where is the correct interpretation? Does any body know?

    Don't take me wrong here. I don't favor EB3-ROW or any particular category. I am EB3-I with PD Nov 2002.



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  • sunty
    01-13 02:12 PM
    I sent a hand written letter to the President and CC'd it to CA IV PO BOX. and I feel a lot better after writing it.

    I have also sent a personalized hand written letter to the Colorado Congressmen Ed Perlmutter. I will set up a meeting once I get a positive response or in the next few weeks, whichever is earlier.

    Parijat

    I also thought of writing the letter in my own hand writing. I guess they WILL read it then. But my writing is so bad, it might have had an adverse effect..:D

    Good work..





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  • desi3933
    08-21 10:33 AM
    We should write a letter to USCIS director & DOS(Oppenheim) copying Rep Lofgren etc. basically the content should say that any unused visa should be given to the oldest PD irrespective of Country/Category...

    >> any unused visa should be given to the oldest PD irrespective of Country/Category...
    What is the legal basis to back this claim? Probably this should be included in the letter as well.


    _____________________________________________
    Proud to be an Indian-American and Legal Immigrant



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  • rams75
    08-17 11:07 AM
    Thanks ..So do you have any idea about how long USCIS takes in this situation to complete the name change?

    It's tough to tell. According to processing times on usics.gov, I-90 takes 3.5 months in Nebraska service center. But the form is supposed to be mailed to Phoenix and I could not find any times for the Phoenix office. Since it's a simple correction, I'm hoping a 2-3 week turnaround time but be prepared for a 3+ month wait. If you need to travel, it's better to get an I-551 stamp in your passport so you can travel regardless.





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  • pappu
    01-09 03:18 PM
    pappu,

    when talking to my friends about IV I have observed the following:
    1) they prefer to "visit" the iv site to get a first hand look at what IV is about
    2) they tend to classify IV as a discussion forum rather than a movement - a couple of people have said that they did not notice any difference between IV and the other boards. they bookmark it and come back only when they have a burning question.
    3) once i tell them about IV's achievements they do seem interested but most appear to be afraid (or lazy?) in actively joining - either monetarily or otherwise.
    4) some people do not even want to post questions actively - instead ask me the question and expect me to post the question/ help them out with a response (not sure why - privacy issues?) - have others seen this also?

    I don't know how to convince the lazy ones - but for the others, would it make sense to restructure the site a little bit so that the home page is a little less noisy and has only information about the underlying movement , IV's achievements and then has a link to the the message board (as a feature of IV rather than it defining IV)?

    Good suggestions. Thanks. We do need ideas keep them coming.
    I do have a difference of opinion here. Most people come for their questions and discussions rather than advocacy everyday. Thus forums are important. We already have lot of space allocated for what IV is on the homepage.
    Pls suggest what changes you think will get us more visibility and confidence with new members.



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  • BharatPremi
    09-24 01:47 PM
    Bharatpremi,

    Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?

    Ans: Yes. In reality nobody is sure how USCIS is spilling over, vertical way, the way which I have assumed here OR horizontal way as per your belief OR combination of both.
    Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?

    Thanks for anyone who clarifies this.

    No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :) yes , agreed. No matter how you slice or dice, EB3-I is and will always be "Sautan Ke Chhore" (Step Sons/daughters):)





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  • pappu
    08-04 06:43 PM
    FBI Name Check
    Copyright � Triceiver.com

    All applicants for immigration benefits must undergo background security checks, and one of them is the FBI name check. It is conducted by the FBI National Name Check Program Section (NNCPS). Since 2003, many green card (I-485) and naturalization applications have been significantly delayed by this process, sometimes by several years! More importantly, immigrants affected by this processing delay are often left in complete darkness. USCIS has adopted a policy that it will not release any information regarding name checks to applicants. Similarly, the FBI has practically shut down all email and phone communications previously available to immigrants.

    How FBI name check works?
    FBI name check, in short, is to compare a person's name against the Central Records System and see if there is a matching record. However, this seemingly simple process can be quite complicated in some cases.

    1. The Central Records System (CRS) is huge
    The CRS contains all information which the FBI has acquired during many years of law enforcement activities. It has numerous administrative, applicant, criminal, personnel, and other types of files, related to not only individuals, but companies and foreign intelligence matters also. Certain records are stored in the FBI headquarters in Washington, D.C., while others are maintained by field offices across the United States.

    When a name check request is received, the FBI conducts a search of the individual's name in the CRS' General Indices. In addition to the person's full name, the FBI will also use different combinations and variations of the same name.

    The General Indices have two types of entries according to the FBI:

    A "main" entry - an entry that carries the name corresponding with the subject of a file contained in the CRS. A main file name thus refers to an individual who is the subject of an FBI investigaton.

    A "reference" entry - an entry, sometimes called a "cross-reference," that generally only mentions or references an individual, organization, etc., contained in a document located in another "main" file. So a reference is someone whose name only appears in an investigation.

    The FBI name check will search both "main" files and "reference" files. In comparison, the FBI Privacy Act request searches main files only. The Privacy Act request is sometimes referred to as FOIPA request, Freedom of Information and Privacy Act. So when an I-485 filer receives a "No Record" letter from the FBI in response to their FOIPA request, it only means that his or her name doesn't match any "main" entry.

    During a name search, the FBI first checks the person's name electronically against the Universal Index contained in a database called Automated Case Support (ACS) system. For most people (68% according to the FBI), the results come back with "No Record" within 48 hours, meaning that their name checks are considered cleared. If there is a match, called a "hit," an agent must manually review the file or entry. This secondary name search usually identifies additional people as having "No Record." According to the FBI, about 10% of name check requests must go through yet a third level of review, during which the matching record must be retrieved from the source. But there is a problem:

    2. Not all records are digitized and many are still paper documents
    If the matching record has a digital copy in the ACS, it can be reviewed quickly. Otherwise paper documents must be transported to the reviewer from one of the FBI field offices which are located all over the country. This could cause significant delays. The name check result after this review will be forwarded to the requesting agency such as the USCIS.

    3. Sheer volume of name check requests from multiple agencies
    Although the name check itself could take a long time in some cases, it is not the bottle neck. The more serious problem is the time it takes for an analyst to actually get to a case after a "hit," due to backlogs. This is probably the No.1 reason for a lot of cases that are stuck in FBI name checks.

    The FBI name check backlog may have several causes, and one of them is the sheer volume of requests. In addition to USCIS, many other Federal agencies, congressional committees, as well as state and local law enforcement agencies, all request name checks as part of their background investigation or clearance processes. According to Michael Cannon, Section Chief of NNCP, the FBI processed 3.7 million name checks in 2005, compared to about 2.5 million/year before September 11, 2001. In 2006, the USCIS alone sends more than 27,700 requests on a weekly basis.

    Moreover, it is not clear how strictly the FBI follows the order of first-in, first-out. It is particular difficult to find out exactly how the FBI would queue cases that have returned with potential matching records. From the simple fact that some name-check cases can be pending for several years, and not all of them are that complicated, the FBI's queuing method may need a review of its own.

    4. Lengthy name check process and national security
    Although conducting name checks is an essential step in identifying national security and public safety concerns, the current process may not achieve its intended objectives. The reason is that in almost all cases, a person whose name check is pending is currently present in the United States. So the lengthy process actually extends an individual's stay in the US. If it takes years to come to a conclusion that the person is indeed a security threat, what will happen during those years? In this sense, timely processing of name checks is not only a relief to legal immigrants, but a must for national security reasons.

    5. It is difficult to expedite FBI name checks
    In 2007, the USCIS established new policies on expediting FBI name checks and the criteria are very limited. The USCIS may demand expedited handling only if the case involves military deployment, age-out or sunset provisions, loss of certain benefits, or other compelling reasons such as critical medical conditions. It specifically stated that Writ of Mandamus (WOM) - a lawsuit forcing the government to act quickly after an unreasonable delay - would no longer qualify as one.

    Writing to Senators, Congressmen, or even the First Lady, have not shown as much success as many were hoping for. In fact, most Congressional inquires are now simply coming back with "case pending" responses. Some offices have stated that they will no longer contact the FBI for cases pending less than a year, citing an increasing number of letters asking for assistance. However, for most poeple, contacting congressional representives is one of very few channels still available to receive any information regarding their pending cases.

    6. The name check situation may get even worse, before it improves
    According to the USCIS Ombudsman, there is a staggering 329,160 FBI name check cases pending as of May 2007. Among them, 211,341 (64%) have been pending more than 90 days and approximately 32 percent (106,738) pending more than one year. Now with the biggest fee increase in decades, taking effect July 30th, 2007, The USCIS has proposed to allocate more funds toward the name check process. And the FBI indicated that additional funding would allow them to add more staff to speed up the process and reduce backlogs. Many are skeptical, but we certainly hope that they will achieve some of the goals this time.



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  • dilber
    09-23 04:21 PM
    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    FYI :Goto Page 5 for India

    Some Greens Please !! :)

    If this information is correct then we are in much better shape then was being projected. what is scaring me is the number of applications that are pre 2004 the number seems to be pretty big? are these abandoned applications. Also does any one know this report is current as of when?





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  • sledge_hammer
    11-25 11:22 AM
    My Dear Punjabi Bretheren,

    Let me help you understand why I think your question reeks not only of idiocracy, but also utter disregard for even basic moral and common sense.

    You wanted to buy a home, live in it for 2 years, sell it and make money. Nothing wrong with it. But, now that the market if not favorable to you, think you are not responsible for payment, and want to foreclose. All I'm saying is you are responsible for your actions; the act of buying a house, making sure you take care of it (read the contract where it says you are to take care and maintain the house to a reasonable standard), paying your monthly mortgage, insuring your home, and paying back the loan with interest by the end of the loan term. You signed the contract. You were ready to reap profits by the sale if there was equity on the home. Likewise you are to assume responsibility of payment if the home value depreciates. This is common sense. This is how the world has been. This is what they teach you as a kid. Why in the world are you complaining about depreciation when you knew this is a possibility when you bought the house?????????????????

    Foreclosing is not illegal. But in your case it is unethical. I'm not even sure if your lender will let you foreclose when you don't have a real financial burden to make regular payments. You are losing 20Gs only. I assume you are capable of paying your monthly payments. You want to relocate to get a better paying job. I do not think the lender will let you of the hook so easily. And why should they? They shouldn't. They should make you pay every single penny that you owe to them!

    And your questions about returning items to the store; you prove again that your a dishonest man! No, you cannot return a used item. It is wrong. Nothing legal about it. Who told you it is legal??? Now you may go back to the store and pretend like you didn't use it, or that the item is defective, and pass it off, but that's YOU!!!! In your own little dishonest mind everything that is in normal circumstances considered wrong is perfectly fine! You and your buddies here like "kumar1", "leo2606", think that it is fine to return used merchandise. You are all a bunch of dishonest people who didn't learn about right and wrong while growing up. Its not too late, go learn!

    Go read this article. Returning used items is fraud!!!!!!!!! It just makes me mad how you could have even imagined that returning a used item was ok!

    http://www.washingtonpost.com/wp-dyn/content/article/2006/12/09/AR2006120900018.html


    GASleuth..

    this thread was started to get suggestions as to what are the options open in the market..
    if someone did give an option and you dont like it, why dont u give an alternative option rather than venting out uour anger.
    No one is asking you how u feel or what is ethical and non-ethical..It seems that you are such an ethical guy who has not used a product and went ahead and returned it back to the store..If foreclosing is illegal let me know.. People here are giving pros and cons of doing a foreclosure.. i dont know if you own a house or not, and if you do.. dont know if you are having a perm job or a contract..I know so many people who own house and now they are in a fix because of housing market..I am not like other people who have already foreclosed..and btw.. why to blame the people and not the banks.. if i can own a house and pay mortgage which is quite same as a rent, i will better own a house and sell it after couple of years.. what is harm in that.. i may have mentioned about making profit by owning a house.. but i am not looking at becoming rich by living in a house for 2/3 years..Sledge_hammer and you are complaining all the way in the thread about people who are foreclosing or foreclosed.. but not spent your valuable time in letting people, reading the thread, know what are pros and cons of foreclosure and how it can affect 485..





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  • SanjayP
    05-09 03:21 PM
    Now that is interesting. I have never met any dishonest Japanese. It is like it is not in their culture to be dishonest but that is my experience. The most dishonest thing i have seen Japanese do is that they have hard time saying the word No. That can leave one with the impression of that they still are interested. Su you think they are leading on you and think it is dishonest.





    pat123
    09-20 07:01 PM
    That's been my understanding all along. Applications are approved per the Notice Date, provided the applicant's PD is current. But I know, we've all seen exceptions to that rule. I guess this is more relevant in your case since you're current, but I'm not, so it doesn't really matter too much anyway. I just don't want any RFEs.

    I think the program scoops up all the applications on that date and check whether the dates are current, pre adjudicated and available visa numbers. then it may move to the case officer or approval or "automagically" approves the Green card!!!!:D





    pappu
    08-04 06:44 PM
    How to Contact USCIS and FBI to Check Case Status

    1. USCIS Online Status Check
    With a case number, you will be able to see the current status and the last updated date (LUD).

    You can set up a profile, including user name and password, and create a portfolio that includes all your immigration cases. Then log on and see the latest updates on all of them, such as I-485, I-140, AP, EAD, spouse’s cases, etc. Another useful feature for this option is that you can set up an email alert to receive automatic updates. Note that if there is a LUD change, but the message remains the same, you will not receive an alert.

    2. Call National Customer Service at (800) 375 - 5283
    Unfortunately, the customer service representatives don't know much more than what the online system shows. So it is not very helpful in most cases. However, on the phone you may place an inquiry with the service center that is processing your case.

    3. Place a USCIS Inquiry
    If your case is 30 days outside of the current processing dates, you can call customer service ( 800-375-5283) and place an inquiry. The representative will send an online message to the service center, which then mails you a letter in a few weeks to explain why your case hasn't been adjudicated. Recently, the answer is usually "your case is pending security check" or "your case is still within our processing dates."

    4. Talk to a Service Center Representative Directly
    Still by calling 800-375-5283, you will hear a long list of options. Choosing the right options will lead you to the service center that is processing your case. Because each case is unique, you need to listen to the options carefully and choose the ones that fit your case.

    Even if you reach the center, you may be automatically transferred back to general customer service. But sometimes your call will be picked up at the service center. Explain your situation briefly, be polite but persistent, and ask about your case status. They do know a lot more details about your case, but have been instructed not to reveal much information, especially regarding background checks and FBI name checks.

    5. Set up an Infopass Appointment
    An infopass allows you to talk to an immigration officer directly, who has access to more information than the online system. So this is a better option to check on case status. An officer would be able to tell you whether your FBI name check has been cleared. This information alone is worth a trip for many.

    6. Place a Congressional Inquiry
    Writing to your senators and/or house representatives is another good option for people whose cases have been pending for a long time. Go to these websites:
    and find the congressional representatives for your region. Write a personalized letter to briefly explain your case details (a copy of your i485 receipt notice would help), mention how long it has been pending, and ask for his or her help to inquire about your case status. If you are stuck in FBI name check, and have completed an FOIPA request, send in the response as well which might help.

    Some congressional offices are not willing to contact the FBI directly, some will but only if your case is pending for more than one year, yet some will not even respond to your letter. So your mileage may vary. Also you may have to wait several months to receive a response in the mail, possibly due to the increasing number of letters asking for help.

    The FBI has clearly stated that congressional inquiry will not help expedite the name check process. However, due to the lack of communication channels with the FBI, even a confirmation that name check is pending is worth the effort for many people anxiously waiting. Sad, but true.

    7. FBI Name Check
    The FBI is no longer responding to emails sent to FBINNCP@ic.fbi.gov, so a congressional inquiry or infopass with the USCIS may be the only options.

    8. FBI Fingerprint Check
    Call the FBI at 304-625-5590, and a representative may be able to tell you when the result was sent back to the USCIS. Since it is usually within 24 - 48 hours, this is only useful to confirm that FP was actually processed.



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