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  • gregspirited
    03-24 11:42 AM
    I have a quick question related to my approved I-140 and my spouse's visa status. My wife got into a medical residency and the hospital that she plans to join will sponsor only J1 visa for her. I was wondering if the J1 visa for her will be affected by the fact that my I-140 is approved. My law firm says that they had to include my spouse's name in I-140 application as a requirement.

    My concern is since I-140 is a petition to immigrate to US what are the risks involved with my wife's J1 visa. Can she go to India to get her J1 visa stamping? Will the approved I-140 negatively affect her chances of entering back US at the port of entry?

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  • waitingmygc
    03-08 12:48 PM

    Celebrate your day with Wife and Mom. Happy Women day.

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  • puskeygadha
    01-13 03:29 PM

    I am live example..
    my perm was denied..and we filed MTR which has not gone through yet
    then my company filed another perm but for a different position and
    description..that got approved..

    i extened H1 with MTR but lost my priority date..which does not matter to me
    since i am EB2 and Rest of the world...just incase my MTR gets accepted
    i can use that PD

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  • paulkurni
    06-17 04:24 PM
    I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.

    I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?


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  • vin13
    07-14 09:22 AM
    No worries. I have travelled through Frankfort with AP and had no issues. In fact, an officer did ask me for my US visa and i showed him the AP document. Seems to me that frankfort officials do understand the AP document.

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  • sac-r-ten
    01-08 10:46 AM
    I understand this is your first post but..This question looks more demanding than a request for suggestion ...

    totally agree on that. i was about to say the same but thought may be some people cannot communicate properly in english and thats y the "demanding" tone.


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  • ola
    06-13 01:33 PM
    Memphis, TN

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  • boom
    06-13 09:06 AM

    I had the same situation for my daughter who turned 14.They requested for biometric fee $80.00.It should be simple and OK.just pay the the amount and you should be fine.After that you may get a FP notice.

    Once we sent the bimetric fee,proceesing resumed and everything was fine.


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  • miamikk
    10-22 11:40 PM
    I completed 6 years of H1B in Sept 2009 and my employer has filed for recapture of time and after recapture my H1B should expire on Jan 15, 2010. I have received Notice of Action from USCIS and I am not sure if I will get approval notice before Jan 15 as I heard the regular application process might take up to 6 months.

    I have couple of questions:

    If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?

    I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?

    If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?

    If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?

    what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)

    I really appreciate any suggestions.

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  • rsirpal
    03-25 11:16 AM
    Ported EB3 to EB2 India Green Card Approved on wife's birthday :D

    EB3 India GC PD 03/27/2003 :o
    Labour approved : 08/01/2003 :)
    I140 & I485 applied concurrently on 08/16/2003 in NSC :)
    I140 denied due to education on 05/20/2004 :mad:
    Applied MTR and I140 approved on 07/24/2004 :)
    No count od EAD's & AP's applied :confused:
    Switched job using EAD on 02/15/2005 :cool:
    Remained on EAD status since than :eek:
    Applied EB2 Labour on 08/15/2010 (started Porting process to EB2) in TSC :p
    Labour approved on 12/12/2010 :o
    Applied Premium I-140 01/15/2011 (Paid extra $1200 for that) in TSC :)
    Eb2 I-140 approved on 02/08/2011 :o
    Notification for approved I-140 sent on 03/06/2011 ;)
    Lawyer notified NSC of pending I-485 on 03/08/2011 :rolleyes:
    Recieved approval email on 03/24/2011 :D

    I strongly recomend all EB3 folks who are retrogressed for more than a year to port over to EB2 if possible. Do not waste your time trying to pass some bill in favour of legal immigration etc. It will not happen. The money spent on porting is worth it . The wait is not worth the stress, tension etc.


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  • glus
    05-06 12:50 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?

    Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.

    Best Regards,

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  • andy garcia
    07-18 04:19 PM
    thanks for the answer buddy

    woaaah.. that's a very little number.... :p

    Last year the top 5 countries in EB got all these visas:

    Total EB ****** 159,081
    Philippines ***** 23,733
    India ********* 17,169
    Korea ******** 10,886
    China ******** 9,484
    Mexico ****** 8,864

    The actual limit is 7% of the total EB plus FB which is:
    (140,000 + 226,000) * .07 = 25,620


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  • pa_arora
    12-04 02:04 PM
    Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.
    :-), 'year' and not 'years' is hope and optimism.

    good luck to all.

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  • SertTurk
    07-18 01:51 PM

    I am new to immigration talk so I might not use the right terms so I apoligize in advance. Here is our situation, my wife's green card case was approved 2 years ago but we are waiting for a visa number to become available.Our lawyer told her that we fall under the EB3 catagory.He also said our filing date is April2002 and the visa bulitin should show this date for us to get an invitation.
    My wife really really hates her job and would like to quit today but the lawyer is saying we can not get the green card if she quits. He also tells us she can not work for another company because then we would need to start everything from scratch.
    Can someone confirm this?
    Is there a solution?
    Does she have to keep working for this company forever?(seemslike EB3 dates arent moving)


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  • amsgc
    12-18 02:22 AM
    See response below:

    Hello all:

    I have few questions related to my travel plans to India. We will be leaving in January 2009.

    We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
    My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.

    1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.

    - You don't need a transit visa for Schipol.

    2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.

    - You don't need any other document; you can carry the I-485 receipt notice.

    3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?

    - visa forms + appointment letter
    - Original I-797
    - Employment letter
    - Original marksheets/degrees as a basis for your H-1B app
    - copy of your H-1B petition + LCA
    - Pay stubs

    I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!


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  • iptel
    07-18 07:19 PM
    :D May be we can invite Guns 'n Roses and have them sing "WELCOME TO THE JUNGLE". Just Kidding


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  • eb3_nepa
    02-12 11:34 AM
    I am in Philadelphia so i would assume Vermont center. Is that a fair assumption, coz i have a previous I-140 and to the best of my knowledge it had gone to the Vermont center back then.

    However back in the day there was no premium processing for I-140 so things may have changed :(

    Has anyone in the North east USA recently received any approvals from the Vermont center?

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  • EndlessWait
    05-21 02:20 PM
    I don't want to discourage you, but IV has looked into all these options earlier and has realized that it would be fruitless to try and ask our lazy politicians to take up our case with the US govt. More over this is an internal matter of US govt and Indian government cannot influence their policies and laws. Why would you expect Indian govt. to fight for you, when you left the Indian shores and want to settle down in US for your comfort?
    Having said that, if you do have contacts and would like to take the lead in reaching out to the Indian govt, IV will support you. So please do the honors.

    Its not an internal matter anymore. We live in a global economy. If Mexican govt. can do it for there unskilled workforce. I guess we have a better case. Dont mind you sound to me like do it alone dude. Most of us have waited years of agony and waiting. Indian govt like any other govt will do it for there interests. Remember all the $$s that pour into our RBI reserve. If you thought that was because of Indians and had nothing to do with NRIs..think again!

    Its always about the same thing. US gets competitive having us on there side and India continues to enjoy the NRI effect. Its mutual.

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  • crazy_apple
    04-26 01:48 PM
    Hello, since this is a thread on Canadian PR - I wanted to know if anyone had been through a similar situation.

    I got my Canadian PR about a year ago. I went thru the landing process and obtained the PR cards from Toronto about a year back. After that I returned to the US - I work on a H1B here. I have not been to Canada since I got my PR. I need to go to Vancover to get my H1B stamping done. I intend to be in Canada for no more than 2/3 working days and return to the US.

    My questions are:

    - Will the Canadian immigration officers ask why I am making the trip to Canada?
    - Can they revoke the PR status if they deem that I am making the trip solely to get the US stamping done?
    - Do I need to apply for a travel permit, even though I have the plastic PR cards?

    Your input will be appreciated.

    Blog Feeds
    12-05 09:20 PM
    This great summary is provided by AILA with the guidance of Amy Fox-Isicoff. The EB5 program is of great interest to many applicants, especially those with the means to participate. he EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.

    Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. � 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

    Of these 10,000 visas, 5,000 are set aside for those who apply under a pilot program involving a CIS-designated "Regional Center."

    What is a Regional Center (RC)?

    A RC is a proposed business venture often located in a targeted unemployment area supported by an econometric model based on a business plan forecasting indirect and/or direct job creation. Normally, RCs are located in areas of high unemployment or rural areas and require a $500,000 investment. However, some RCs are not located in targeted employment areas and therefore require investments of $1,000,000. An investor in an RC is not required to be actively involved in the management of the investment as long as the investor is a limited partner under the Uniform Limited Partnership Act. An RC normally structures one or more new commercial enterprises (NCE) that receive capital from investors to engage in direct or indirect job creation project or projects.

    What does RC designation by USCIS mean?

    It means that USCIS has reviewed the proposed business plan, any accompanying econometric model, location, and proposed job creation and has determined that the proposed business plan meets the requirements of The Immigrant Investor Pilot Program, created by Section 610 of Public Law 102-395 on October 6, 1992.

    Are all RCs that have received designation from USCIS operational?

    No, actually only a small percent of designated RCs are operational and have been the basis for approved I-526 Immigrant Petitions by Alien Entrepreneur. Even a smaller percentage have approved I-829 Petitions to Remove Conditions on Residence.

    Is USCIS required to conduct background checks on RC managers or directors?


    Does USCIS monitor the performance of RCs?

    No. USCIS has sent out questionnaires to RCs, but it is not clear at this time what USCIS is doing with the information obtained from the questionnaires.

    Does USCIS publish a list of operational RCs and those with approved I-526 and I- 829 petitions?

    While USCIS does publish a list of designated RCs, it does not publish which RCs are operational or which RCs have approved or denied I-526 and/or I-829 petitions.

    If an RC is designated by USCIS, are all NCEs formed in the RC automatically

    No, each NCE within the RC must meet the requirements of the requisite investment amount and job creation. If the NCE will be investing in another business, that business must meet the requisite employment creation.

    Is there a process whereby USCIS provides pre-approval of an NCE within an RC?

    Yes. USCIS has recently created a pre-approval process. However, this process is not taken advantage of by many RCs as the time to obtain pre-approval of an NCE can be extensive, inordinately delaying the NCE from receiving funds from investors. The preapproval process is so new that it has not been adequately time tested.

    If USCIS has approved a number of I-526 petitions for an NCE or pre-approved an NCE is it a guarantee that future petitions for the same NCE will also be approved?

    No. USCIS will always examine the source and path of funds of the individual investor and failure to carefully document this can result in the denial of the I-526 petition. More baffling is that on frequent occasions, USCIS has raised questions pertaining to NCEs that have a long track record of approvals, and USCIS can also raise questions pertaining to NCEs that have been pre-approved. USCIS has also raised questions concerning an NCE�s qualifications after approving an I-526, at the I-829 stage. Thus, prior approvals for the same NCE, pre-approval of an exemplar petition for an NCE and even the approval of an investor�s I-526 for a particular NCE, does not mean that the NCE will not be further scrutinized by USCIS.

    What happens to an investor who invests in an NCE that never gets off the ground?

    The initial I-526 petition may be approved based on the business plan and supporting documents, but the I-829 petition to remove conditions on residence will be denied.

    If either the I- 526 or I- 829 is denied, will the invested funds be returned to the

    This depends to some extent on the agreement between the investor and the RC. Some RCs hold funds in escrow pending approval of the I-526. Others do not. At the I-829 stage, it is doubtful that funds will be returned if the I-829 is denied as the funds must have been placed at risk in order for the I-526 to be approved in the first place. See Matter of Izumii, 22 I&N Dec. 169 (Assoc. Comm. 1998). The RC cannot provide any guarantee of the return of the invested funds if the I-829 is denied.

    What happens to an investor if the I-829 is denied by USCIS?

    The investor can renew the I-829 in removal proceedings before an immigration judge. If the I-829 is denied by the judge, the investor can appeal to the Board of Immigration Appeals and to federal court. If the investor does not prevail, the investor can be deported.

    More... (http://www.visalawyerblog.com/2010/12/eb5_visa_attorney_san_diego_ev.html)

    01-09 05:20 PM
    Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?

    A quick trip to Canada can solve this problem?

    This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.