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  • lazycis
    02-28 01:49 PM
    Can you please let us know the URL for the latest name check FAQ posted today.

    http://boards.immigrationportal.com/attachment.php?attachmentid=17312&d=1204204596


    Questions & Answers
    BACKGROUND CHECK POLICY UPDATE
    Q1. What applications are affected by this policy change?
    A1. Applications included in this policy are:
    • I-485, Application to Register Permanent Residence or Adjust Status;
    • I-601, Application for Waiver of Ground of Inadmissibility;
    • I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act; and
    • I-698, Application to Adjust from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603).

    Q2. How has USCIS changed its national security requirements?
    A2. USCIS has not changed its background check policies for naturalization applications. Recently, the agency did modify its existing guidance for certain applications (see above) where the immigration laws allow for the detention and removal of individuals if actionable information from a FBI name check response is received after approval. No application for lawful permanent residence will be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. (Please refer to the USCIS Immigration Security Checks fact sheet on the USCIS website for more information.)

    Q3. How has USCIS changed its adjudications requirements?
    A3. For these forms, including applications for lawful permanent residence, USCIS will adjudicate the application based on all required evidence outlined in applicable law and regulation if the application is otherwise approvable, outside of normal processing times, and the FBI name check request has been pending for more than 180 days.
    (more)

    Q4. What happens if USCIS later receives adverse information from an FBI name check?
    A4. In the unlikely event that Department of Homeland Security, (DHS) receives actionable adverse information from the FBI name check after the application is adjudicated, DHS may detain the applicant and initiate removal proceedings.
    Q5. Why is this policy being implemented?

    A5. This policy change responds to a 2005 DHS Inspector General recommendation that USCIS better align its background check screening policies with those of U.S. Immigration and Customs Enforcement.

    Q6. Is this policy consistent with the national security priorities of USCIS and the Department of Homeland Security?
    A6. Yes. Applications for lawful permanent residence will not be approved until a definitive FBI fingerprint check and Interagency Border Inspection Services (IBIS) check are completed and resolved favorably. In addition, in the unlikely event that DHS receives actionable adverse information after the application is approved, removal proceedings may be initiated.

    Q7. How many applications for lawful permanent residence are immediately affected by this policy change?
    A7. USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.

    Q8. Does this policy change affect naturalization applications?
    A8. No. There is no change in the requirement that FBI name check, FBI fingerprint and Interagency Border Inspection Services (IBIS) check results be obtained and resolved prior to the adjudication of an Application for Naturalization (N-400).

    Q9. How long will it take for USCIS to work through the cases affected by the policy change?
    A9. USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
    (more)

    Q10. The memorandum identifies I-485, I-601, I-687 and I-698 forms. Is there a plan to include other forms, specifically nonimmigrant and naturalization, in this policy?
    A10. No.

    Q11. Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
    A11. For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed.)

    Q12. Will USCIS automatically notify an applicant to appear at an Application Support Center, (ASC) if his or her fingerprints have expired?
    A12. Applicants will be notified through an appointment notice if new or updated fingerprint checks are needed.
    – USCIS –





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  • mammoy2k
    12-28 10:38 AM
    Anyone invoking AC21 with unapproved I-140?

    Hello Guys,

    I am planning to utilize AC21. My PD is OCT 2005, EB2 India, I-140 was approved in June 2006 and I-485 filed on 2nd July 2007.

    The question I have is if my current employer can do anything, I mean anything at all, now?

    Thank you.





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  • sai
    04-01 07:36 PM
    Done!!!





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  • BharatPremi
    03-25 10:23 AM
    I am exploring the possibility of making the Inter-filing. I have been speaking to some well known, street-smart attornies. One mentioned that the "Priority Date" is decided only upon approval of I-140. He also wrote that for keeping the earlier priority date, the 2nd I-140 application (new) should be filed along with copy of the approval of the first I-140.

    In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.

    Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.

    Thanks. Yes, that I certainly will have to do that. Any other areas need to be taken care of such as proof of financial audit reports for EB2 filer ? Or any other things...?



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  • justAnotherFile
    04-02 03:17 AM
    coun as 2





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  • needhelp!
    02-08 04:26 PM
    If I were you, I would talk about my problem and how frustrated I am to ALL my colleagues and friends and well-wishers and get atleast 100 letters that will help to pass the "filing before PD current" admin fix which is part of the current campaign.



    I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.



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  • felix31
    04-01 03:20 PM
    sent fax #10





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  • ssnd03
    02-18 09:13 AM
    thanks for your supportive words for CP filers now CP filers need some relief as they are not able to get an EAD/AC21. I think we could ask to allow CP filers to file 485 with out having dates current and conserdering their CP filing date to get EAD and AC21.

    Thanks everybody we need your support to come out of this situation.

    :rolleyes:

    Dude you can convert from CP to AOS even after filing for CP. Your CP can be canceled. Vise-versa is more complicated. Even murthy.com had some write up on this. Go search their website.

    Talk to a lawyer and stop cribbing here. Your situation is nothing different from others.



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  • Vsach
    07-17 10:31 AM
    Well it will be a big relief for us as family, my wife can pick up a job, my son is in high school...yes...we will take it!





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  • rajs
    12-27 12:31 AM
    my PD is april 2001
    and still waiting , & when we call ins we get a letter
    still in processing time :(
    what can we do?



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  • GCaspirations
    10-04 03:51 PM
    Did anyone transferred from NSC to CSC and back got FP notice?

    http://immigrationvoice.org/forum/showthread.php?t=14143&highlight=transfer





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  • chanduv23
    06-19 10:12 PM
    Here is another part of story.

    My PD was current back in 2004, this attorney/employer ignored my calls/emails from Oct to Dec 15. They filed my 485 during christmas week end, they screwed up something and USCIS rejected my application (thats what they say). Thanks to retrogession from Jan 2005. All my documents were ready by Oct. I would have had my EAD since 2005.

    De javu, again I am being mandated to file thru same attorney. I don't have problem paying more money for a good attorney and good service.

    I don't know if I am in a trap or something.


    I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.

    U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.

    Don't fall into ur employer - lawyer trap



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  • EndlessWait
    05-13 04:14 PM
    I and my wife applied for I485(EB3) in July 2007. We both have got our EADs, but not used it.

    My H1 is valid till May 2009. I have I140 approved and have got my H1(3 years) till May 2009.

    My wife has her own H1b valid till Dec 2008.

    We are planning to get divorced. i have applied for Divorce in India in this month (may 2008).

    Is there a way I can cancel my 485 application. Because If i get my green card it will be difficult for me to marry girl from India.

    My wife has mentioned that she will be applying for Divorce in USA.

    Can I withdraw my 485 application and just be on H1 and wait for applying later. I do not care about GC.

    i dont mean to give u advice on patch up..but from 485 perspective ..put ur future marriage plans on hold for a short while or atleast until u get ur gc...

    if ur dependant, then go ahead..otherwise u dont need to cancel ur 485 even if u get divorce





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  • Michael chertoff
    11-11 09:50 AM
    The following is my prediction....

    Employment- Based

    All Chargeability Areas Except Those Listed
    CHINA- mainland born INDIA MEXICO PHILIPPINES
    1st C C C C C
    2nd C 01DEC06 22MAY06 C C
    3rd 01APR05 01DEC03 01FEB02 01MAY01 22JAN05

    Dear tselva,

    why 22May06 for India EB2, i think your PD is before that. can you please add two more months, that covers mine too.

    i dont have any hope in December bulletin, waiting for next year.

    Anyways, I hope all of us should get out of this mess ASAP.

    Thanks

    MC



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  • arunmohan
    03-21 12:15 PM
    I am available to meet lawmakers of AZ.

    I will request to members of AZ to respond me.





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  • realizeit
    02-11 04:27 PM
    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!



    Thanks for the comments. Its not my assumptions, it is the law.
    Please checkout how the spillovers between EB and FB are arrived. Here is the link
    http://www4.law.cornell.edu/uscode/uscode08/usc_sec_08_00001151----000-.html



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  • dixie
    12-13 01:14 AM
    Is that so hard to predict ? ;)
    What's goin to happen in coming months???





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  • belmontboy
    12-01 03:49 PM
    Waitime tracker for my PD says june 2028.

    The numbers in backlog data report show a rosy picture.

    Which one to believe??





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  • dilvahabilyeha
    07-27 05:55 PM
    Read the two stories for break.

    THE BEST LAWYER STORY SO FAR

    One afternoon a lawyer was riding in his limousine
    when he saw two men along the roadside eating grass.
    Disturbed, he ordered his driver to stop and he got
    out to investigate.

    He asked one man, "Why are you eating grass?"

    "We don't have any money for food," the poor man
    replied. "We have to eat grass."

    "Well, then, you can come with me to my house and I'll
    feed you," the lawyer said.

    "But sir, I have a wife and two children with me. They
    are over there, under that tree."

    "Bring them along," the lawyer replied. Turning to the
    other poor man he stated,

    "You come with us, too."

    The second man, in a pitiful voice, then said, "But
    sir, I also have a wife and SIX children with me!"

    "Bring them all, as well," the lawyer answered.

    They all entered the car, which was no easy task, even
    for a car as large as the limousine was.

    Once underway, one of the poor fellows turned to the
    lawyer and said, "Sir, you are too kind. Thank you for
    taking all of us with you."

    The lawyer replied, "Glad to do it. You'll really love
    my place. The grass is almost a foot high


    STORY 2:

    Mom comes to visit her son Kumar for dinner.....who lives with a girl
    roommate Sunita. During the course of the meal, his mother couldn't
    help but notice how pretty Kumar's roommate was. She had long been
    suspicious of a relationship between the two, and this had only made her more
    curious.

    Over the course of the evening, while watching the two interact, she
    started to wonder if there was more between Kumar and his roommate than
    met the eye.

    Reading his mom's thoughts, Kumar volunteered, "I know what you must be
    thinking, but I assure you, Sunita and I are just roommates." About a
    week later, Sunita came to Kumar saying, "Ever since your mother came to
    dinner, I've been unable to find the silver plate. You don't suppose
    she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."


    So he sat down and wrote :

    Dear Mother:

    I'm not saying that you 'did' take the silver plate from my house, I'm
    not saying that you 'did not' take the silver plate.. But the fact remains
    that it has been missing ever since you were here for dinner.

    Love, Kumar


    Several days later, Kumar received an email from his Mother which read



    Dear Son:

    I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
    you 'do not' sleep with Sunita. But the fact remains that if she was
    sleeping in her OWN bed, she would have found the silver plate by now
    under the pillow...

    Love,
    Mom.



    Lesson of the day:
    Don't Lie to Your Mother...........especially if she is Indian !

    I am not saying it's a good one and also not saying it's a bad one, but the real fact is, you got nice creativity ;)





    natrajs
    01-05 10:56 AM
    Dear friends:

    As the Past President of a PMI Chapter (PMP for the past 10 years and working in the field of Project management for the past 15 years) let me shed some light to this query.

    Reasons why you should do PMP
    1) If you believe you need a promotion, new job or rise the corporate ladder within the field of IT or management, take PMP.....Billing rate of PM's is $90-150/hr for consulting, full time could be from $100K-$250K. The next generation CIO's will be highly qualified PM's.
    2) Job security for PMP's. The only job that will not be outsourced to India or China is that of a project manager.
    3) PMP will help you get the project manager job, if you do not have one. However, become a Project Manager only if you like working with people. Trust me, if you hate politics and hate managing people, it is better for you to stay a techie. Your life will be miserable if you do not like managing people. Do something that you enjoy, rather than what you may hate. It is all about people and people management, rather than project management in the world of PMP's
    4) PMP has become mandatory for all large gigs or projects. Small projects do not need PMP's and small projects do not pay well too.
    5) PMP does not make you a better project manager. But PMP is needed by the industry. It is the experience that one gets from being on the field from different industries that makes one a good project manager.

    I hope this should help some of you to make a decision to be a PMP or not.

    Well Said FinalGC





    Sheila Danzig
    02-25 09:17 PM
    I apologize. I did not left the default on many of the points. I have changed them now. The questions don't allow for people who are not applying for anything. I did not mean to solicit business. Some of my clients have asked me to post here and clear up some issues. I get 90% of my business from attorneys and employers, not from chat boards.
    We have never taken more than authorized on the card. The form is automated and submitted by the client. We never even see the card #. If anyone has a problem with double submissions (if they hit submit twice) we always credit back.

    You are soliciting business from IV site. You don't have a disclaimer or no shame in doing that. You filled your charge country as UK and pretend to be GC aspirant. You can advertise your thing by paying IV, not by these cheap method of interfering here. I know you suck a big amount from people approching your firm for evaluation and take more amount (than the authorized) from them using the credit card details on file by giving lame excuse. I know many friend burn their hands.



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