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  • gmail
    07-22 01:31 AM
    Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    http://www.immigration.com/newsletter1/amendac21.pdf

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be
    appropriate.

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.





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  • Student with no hopes
    04-29 08:57 AM
    Eco Factory - Reid: "The Energy Bill is Ready... I don't have an Immigration Bill." (http://www.ecofactory.com/news/reid-energy-bill-ready-i-dont-have-immigration-bill-042810)

    Well, he has one now (or at least some sort of frame work)
    http://immigrationvoice.org/media/SenateDraftProposal.pdf

    Getting the Financial Regulation Bill for debate, and now going ahead with democrats only bill on immigration - hello! Sen. Reid seems to have his groove back!





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  • vishwak
    11-23 10:59 AM
    1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

    If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.

    2. Temporary resignation and rejoining - is it really feasible?
    I don't think you need to resign something in particular.
    You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.

    I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.

    3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

    Your choice and lets wait for some Guru's answers.





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  • BumbleBee
    08-17 03:58 PM
    Unfortunately, So close, but so far.

    based on this URL
    http://www.immigration.com/fromtheagency/nsc112006.html
    it appears you might have missed the boat.

    This exact same thing happened to my package sent via USPS, I sent overnight and it still took 2 days to finally get in a person's hand, it was still on time to not have any negative consequences, but lesson learned, don't rely on USPS/UPS and don't wait till end, atleast have 5 days for mail delievery. I had nasty chat with my attorney to send my papers before he was planning to send, I am even planning to report to 'statewide bar association'. Lawyers knows ( or must know ) the importance of timely filling and its effect on families and their lives.

    Hope things go fine and they do accept the application.

    Cases filed by overnight courier

    On the other hand for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.

    Note: The package will be delivered to the Service Center P.O.Box even if the mailer is addressed to include the street address for the Service Enter with or without the P.O Box and this confirmed by the U.S Postal Service.



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  • guyfromsg
    07-30 08:14 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.

    By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup





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  • what_if
    01-25 07:36 PM
    Your wife does not have to run payroll to get money from the company. She can just withdraw money from the company whenever she wants. Just make sure that the taxes are paid correctly when you file for taxes.

    I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.

    What needs to be done to make sure she in on her EAD now and not on H4 anymore?

    How she can become an employee of her own company and get payed every 15 days.

    What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?

    Please advise.



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  • BumbleBee
    05-30 12:27 PM
    Here we go again....the never ending bad news loop for immigrants (to be)
    Source-->
    http://www.immigration-law.com/

    http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/E7-10371.htm


    E. Summary of Final Fees

    The USCIS Immigration and Naturalization Benefit Application and
    Petition Fee Schedule, the proposed fees, and the final fees
    established by this rule are summarized in the attached table.

    ----------------------------------------------------------------------------------------------------------------
    Current Proposed
    Form No. Description fees fees Final fees
    ----------------------------------------------------------------------------------------------------------------
    I-90.................................. Application to Replace Permanent $190 $290 $290
    Resident Card.
    I-102................................. Application for Replacement/ 160 320 320
    Initial Non-immigrant Arrival-
    Departure Record (I-94).
    I-129................................. Petitions for a Nonimmigrant 190 320 320
    Worker.
    I-129F................................ Petition for Alien 170 455 455
    Fianc[eacute](e).
    I-130................................. Petition for Alien Relative...... 190 355 355
    I-131................................. Application for Travel Document.. 170 305 305
    I-140................................. Immigrant Petition for Alien 195 475 475
    Worker.
    I-191................................. Application for Advance 265 545 545
    Permission to Return to
    Unrelinquished Domicile.
    I-192................................. Application for Advance 265 545 545
    Permission to Enter As a
    Nonimmigrant.
    I-193................................. Application for Waiver of 265 545 545
    Passport and/or Visa.
    I-212................................. Application for Permission to 265 545 545
    Reapply for Admission into the
    United States After Deportation
    or Removal.
    I-360................................. Petition for Amerasian, 190 375 375
    Widow(er), or Special Immigrant.
    I-485................................. Application to Register Permanent 325 905 930
    Residence or Adjust Status.
    I-526................................. Immigrant Petition by Alien 480 1,435 1,435
    Entrepreneur.
    I-539................................. Application to Extend/Change 200 300 300
    Nonimmigrant Status.
    I-600/I-600A.......................... Petition to Classify Orphan as an 545 670 670
    Immediate Relative/Application
    for Advance Processing or Orphan
    Petition.
    I-601................................. Application for Waiver of Grounds 265 545 545
    of Inadmissibility.
    I-612................................. Application for Waiver of the 265 545 545
    Foreign Residence Requirement.
    I-687................................. For Filing Application for Status 255 710 710
    as a Temporary Resident.
    I-690................................. Application for Waiver of 95 185 185
    Excludability.
    I-694................................. Notice of Appeal of Decision..... 110 545 545
    I-695................................. Application for Replacement 65 130 130
    Employment Authorization or
    Temporary Residence Card.
    I-698................................. Application to Adjust Status from 180 1,370 1,370
    Temporary to Permanent Resident.
    I-751................................. Petition to Remove Conditions on 205 465 465
    Residence.
    I-765................................. Application for Employment 180 340 340
    Authorization.
    I-817................................. Application for Family Unity 200 440 440
    Benefits.
    I-824................................. Application for Action on an 200 340 340
    Approved Application or Petition.
    I-829................................. Petition by Entrepreneur to 475 2,850 2,850
    Remove Conditions on Residence.
    I-881................................. NACARA--Suspension of Deportation 285 285 285
    or Application for Special Rule
    Cancellation of Removal.
    I-914................................. Application for T Nonimmigrant 270 0 0
    Status.
    N-300................................. Application to File Declaration 120 235 235
    of Intention.
    N-336................................. Request for Hearing on a Decision 265 605 605
    in Naturalization Procedures.
    N-400................................. Application for Naturalization... 330 595 595
    N-470................................. Application to Preserve Residence 155 305 305
    for Naturalization Purposes.
    N-565................................. Application for Replacement of 220 380 380
    Naturalization Citizenship
    Document.
    N-600................................. Application for Certification of 255 460 460
    Citizenship.
    N-600K................................ Application for Citizenship and 255 460 460
    Issuance of Certificate under
    Section 322.
    Biometric Services............... 70 80 80
    ----------------------------------------------------------------------------------------------------------------

    BumbleBee





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  • a_yaja
    12-17 12:46 PM
    Hi,
    What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
    So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
    While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
    Have anybody got into problems or delays?
    I just want to have the right information handy just in case.
    Please help by sharing the right answer. Thanks in advance

    I think that the total limit is $10K for a family (not person). If I remember correctly, on entering the country, we are asked to fill only one customs form for the entire family - and it clearly states in that form that the total allowed is a max. of $10K per person.

    Having said that, the following are considered to be cash (not fully inclusive):
    1. Traveler's check
    2. Cash
    3. Checks
    4. Money Order
    5. Cashier's check

    The following is not considered as cash:
    1. Credit cards
    2. Debit cards

    So if you would want to send more than 10K out of the country and not want to get into any issues and also be on the safe side, it would be a good idea to pre-load a debit card and then send it with your parents.



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  • waitin_toolong
    10-01 02:31 PM
    there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.

    eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.

    but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.


    For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.

    You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.





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  • meridiani.planum
    07-18 11:41 PM
    Hi Folks
    My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
    <> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
    <> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
    My online profile won't show current address - just an application online to change the same.
    Any insights will help
    Ram

    call up the 1-800 number and ask the service center to update your record once more, that should be good enough. Tell the customer rep that you did not get a confirmation of the address change, so are concerned. If that does not work you can always take an INFOPASS appointment and there they'll ensure that your records are correct.



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  • xgoogle
    06-24 08:10 AM
    Posted on both sections.... no response yet... pls help. :confused:





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  • gg_ny
    09-10 10:21 AM
    My PD is dec 2004 and RD is Aug 2005, EB2, IND NIW. We got our GCs in the end of Aug. VB for Aug. was U at that time. That means the 60K numbers are being consumed even now. It would be so until the end of Sept 07 when the fiscal year ends. I have heard of quite a few cases approved in Aug even in IV. The dirty laundry is buried under the amnesty and all the new applicants got benefited (short-term) in the Aug 17 amnesty. Hopefully they approve as many AOS applicants as possible by the end of this month and follow the same strategy (albeit in a manageable form) next year too. The very reason for the amnesty deal itself was, I believe, more face-saving than avoid illegal exposure of illegal action as CIS was technically correct on paper and practically adventurous during July fiasco.

    There are a few key lessons:
    1) if your background check (incl FBI's) comes clean and FP is updated, your chances of getting GC approved is more irrespective of the PD listed on the VB. Of course one has to go by the waiting line based on PD and if necessary, RD of the application, though I am not sure how it works.
    2) even if there is a quarterly flooding of visa numbers in the next year(as against control release mechanism until June 07), there are more chances for less number of visas going waste at the end of the year. The failed experiment leads to this obvious conclusion.

    What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.

    Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.



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  • LondonTown
    02-04 08:07 AM
    Applicants for visitor visas should generally apply the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Visa applications are now subject to a greater degree of review than in the past so it is important to apply for your visa well in advance of your travel departure date.

    As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the U.S. Embassy or Consulate website where you will apply.

    During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant�s interview by a Consular Officer.

    Read more here (http://travel.state.gov/visa/temp/types/types_1262.html).





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  • fittan
    04-23 03:26 PM
    gc28262,
    I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.

    I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).

    I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.



    Fittan



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  • logiclife
    08-02 11:18 AM
    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)

    EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.

    Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.

    Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).

    Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.

    Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.





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  • arihant
    06-01 12:47 PM
    Those who are eligible to apply in June, did you apply the first day itself, or will do it later?



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  • visa_reval
    04-26 11:33 AM
    Just realized I did the same mistake too. The field is not "starred" and so is not a required field. I've already sent in the supporting documents. I am thinking of sending a separate letter a la sparky_jones.





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  • EndlessWait
    12-06 11:36 AM
    bump





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  • ronhira
    10-05 09:34 PM
    Neil, Hoffman, Greg, IIya, ,
    we will all love you.... and thank you for showing us the light..... to make this world a better place.....

    THANK YOU





    fatjoe
    09-05 01:02 PM
    I guess, if you attorney represented you thru' form G-28, then it goes your attr. If you have not sent G28, then you will get it directly. Guys, correct me if I'm wrong.





    BMS1
    09-19 01:09 AM
    Thankfully there is a concept called pre-adjudication which makes any retrogression wait run parallel to all the other delays combined like RFE,security/name check etc. So the total wait time is just one of the all the above waits that happens to be the longest. They just do not add up.



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