Monday, June 13, 2011

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  • jsb
    10-31 03:08 PM
    Besides calling USCIS at the number given above, you might want to raise this issue in the Ombudsman's conference call on Friday. Receiping Delays is already an agenda item. Details are as below:

    “USCIS Receipting Delay II – How Does This Affect You?” – November 2, 2007 2:00-3:00 EDT

    Email your concerns/questions in advance, to: cisombudsman.publicaffairs@dhs.gov

    I attended last call, which was very helpful.





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  • Dhundhun
    04-24 01:25 AM
    Hi god_bless_you,

    Title should have been: "God blessed me !! Got GC." Fix the title, other wise it looks like "God blessed you !! I got into trouble", Unless you feel GC as some trouble imposed on you.

    I am (and most of IV visitors) still without GC and years to go before getting GC.

    Any way, whatever, congratulations.

    --Dhundhun





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  • uslegals
    11-04 02:06 PM
    Thanks radhay ! What did they ask you.? What documents did you carry with you.? Do you have any dependants on your application.? Were they called ?

    Appreciate your help.! Thanks





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  • bitzbytz
    03-10 10:08 PM
    Never an issue with Money2Transfer. Best service of all and multiple options. Been using it for close to 10 yrs now. Latest interest rates for FD in india is 9.25%. Time to send more again



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  • neoklaus
    11-01 01:44 PM
    EB3(ROW)

    NSC ( I 485, EAD, AP)
    Receipt: Aug.16
    RN: Oct.1

    FP(notice): Oct.22
    FP: Nov.9

    EAD: me+child:Oct.24
    wife- not yet

    AP: nothing





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  • waitingnwaiting
    05-09 09:30 AM
    I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!

    Synopsis

    After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
    At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV’s advocacy efforts over the last few years opened up several options for me to seek help.

    Prologue

    During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov’2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.

    Life after denials

    I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec’2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator’s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.

    IV’s Advocacy Days in D.C.

    I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year’s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
    Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.

    Final Request to Readers:

    As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.

    Do you get confirmation of G28?



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  • zCool
    05-17 07:27 PM
    you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
    have proof of documents for all the facts
    and then go file in one of the federal courts..





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  • vin13
    09-01 04:46 PM
    Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print



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  • LONGGCQUE
    05-12 04:22 PM
    correct





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  • go_guy123
    02-23 10:57 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks

    I see a rare case. I have seen people ensuring that delevery is in US for the citizenship of child.



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  • krishnam70
    05-06 11:52 AM
    Here is my story, Immigration experts are requested to suggest.......

    My H1 started from Oct 05 with Employer A.
    Applied Labor in Feb 07, Approved in Feb 07.
    I-140 approved in May 07.
    Applied I-485 in July 07, still pending.
    EAD, AP received in Oct 07 - Expired in Oct 08 (Never Used)
    Renewed EAD in Oct 08, valid till Oct 2010.

    In Oct 08 H1 expired (3 years), Employer A filed for extension in Sep 08.

    The project with Employer A finished on Nov 22, 08. (on H1)
    Started new project with Employer B on EAD from Nov 24, 08.
    (AC21 was not filed)

    Employer A responded an RFE for H1 extension in Jan 09. (3years of Tax
    Returns, W2, etc)

    Due to miscommunication between me and Employer A, he was notified of my
    new job on EAD with Employer B in march 09.

    H1 Extension with Employer A got REJECTED on April 26, 09. Reason - End client
    contract not submitted. (It was not mentioned in RFE)

    Never filed an AC21.

    What should I do now ? Will this H1 extension rejection become an
    obstable in getting I-485 approved ? Will there be any problem in getting
    third extension of EAD if I-485 is still pending ?

    Should I appeal this case by submitting all the end client contracts ? But I have
    used EAD ...........I have good relation with Employer A and am assuming he will
    not revoke my I-140.

    Experts please suggest........

    Here is my observation

    1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
    2. You implicitly used AC21 by moving to a new employer and working on an EAD
    3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
    4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.

    The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.

    - cheers
    kris





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  • GCJinx
    03-21 03:47 PM
    Thanks to all of you for your help



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  • sioux
    12-21 08:34 AM
    There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.

    Are there any fees that has to be paid when the amount is declared? And is this for visitors only?





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  • sanjay
    04-04 11:37 AM
    For my son PIO ( applied in Chicago ) took 17 days to be delivered at my home address. I went to Indian Consulate in Chicago and asked them which way should I go. Visa or PIO and they told me to go for PIO as it is for 10 years and also had very less paper work involved.

    If you can wait for another 20 days then go for PIO. Also, I don't know if PIO had any expedite services. Now a days, all processing are premium and ordinary.



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  • raju123
    12-26 11:37 AM
    Good question. SKIL bill will not only help person of person from advance degree in the USA. It has lot of other provisions, which can substaintially reduce a deadly retrogression like, Depondents are not going to count in numeric cap, Master and higher degree from USA will not count in cap (Many master degree holders are in EB3), There are lot of provisions. You can study SKIL bill and realize how good it is.


    Pappu - thanks for the quick reply.

    The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.

    Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.

    Thanks again for your help.
    IB





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  • illinois_alum
    07-13 08:43 PM
    Why does everyone think it can only be something that the USCIS has the power/authority to act on by themselves. It's been almost two weeks since this fiasco started and they may have been meeting with the right people to put something together.
    Because in the 2 weeks since - there has been no bill introduced in either the House or Senate. Moreover, the bill would have to be "debated" and then passed in both houses and then signed by Bush. After Bush signs it, it would come into effect after a certain time period.



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  • sukhyani
    11-08 05:51 PM
    ... from Texas :)





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  • ryan
    05-28 05:21 PM
    Hi,

    I have applied for Canadian PR (AINP) and would like to know after getting canadian PR,will it possible for H4 and H1 person to work for Canada based company by staying in US or not?

    I think I am not impacting US labor or anything. I will be working for Canadian company from US. I will be getting Salary / Tax deduction in Canada.

    Thanks,
    Akshay

    The fact you work for a Canadian firm and you're a Canadian resident holder (or a Citizen) is irrelevant. As a full time employee in the United States, you require a work visa - and shall be subject to H1 or other work visa codes. I'm Canadian, and work for a Canadian firm's operations in the US. I require a TN or H1 work visa to work in the US. Hope that clarifies.





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  • logiclife
    09-25 12:07 PM
    Your rights as a participant of a bulletin board or online forum like Immigration Voice forums:



    The rights of bloggers (site admin, site owner or site moderators), their liability and section 230. Section 230 refers to Section 230 of Title 47 of the United States Code (47 USC � 230) (http://www4.law.cornell.edu/uscode/47/230.html). To learn the plain English language explanation of this section, go here: http://www.eff.org/bloggers/lg/faq-230.php (http://www.eff.org/bloggers/lg/faq-230.php)

    What this means is that whenever someone posts anything against anyone, Immigration Voice is immune from libel suits or defamation lawsuits, with couple of exceptions (discussed in item 2). Therefore, any anonymous poster saying bad things about their lawyers, employers, or anyone else DOES NOT HAVE TO BE DELETED. Other than couple of exceptional scenarios (see point # 2), we are not liable for content posted by users of message boards, forums, discussion boards etc. Section 230 protects Immigration Voice website administrator and moderator against libel suits or other lawsuits caused by participants who post messages against their lawyers, employers or anyone else. A recent example of such a case is illustrated in 22 page opinion of a federal judge in DiMeo V Max (http://www.law.com/jsp/article.jsp?id=1149152717145).

    Immigration Voice is not going to delete, edit or moderate the posts and threads posted by our members no matter how defamatory or criticizing they are. That�s because A) Immigration Voice is not liable for what our members do or not do per section 230 and B) Immigration Voice needs to give freedom to members to vent out against the incompetent immigration lawyers and/or dishonest employers because that is what makes us unique and different from censored forums and it is the ESSENCE of this bulletin board.


    The exceptions when Section 230 protections won�t work.Section 230 will not protect Immigration Voice if site moderators and administrators themselves post content that causes damages to others. We (site admin and moderators) will not edit or delete posts that say bad things about other orgs or persons - no matter how derogatory or defamatory they are against some lawyers, employers etc. We are not liable or responsible for them and legally it�s best and safest for moderators/site admins to leave those posts alone. Besides, that is one reason why people come to this site � freedom to vent out without any censorship, sometimes even against the Immigration Voice leadership and core group.

    The other scenario when the section 230 wont protects us is in case of intellectual property. So don�t post any patented information or technology details on this website. However the laws give us a lot of latitude when we post some news articles or other content created by other sources. More details of intellectual property are here on this link. http://www.eff.org/bloggers/lg/faq-ip.php (http://www.eff.org/bloggers/lg/faq-ip.php).



    Are we obligated to provide information to plaintiffs about our anonymous posters?First of all, most of the time, we ourselves don�t know the anonymous posters and who they are. The most we can do is provide IP address. Those IP addresses too are not easy to pin down in certain kinds of network environments. However, we will not give any information about our members to anyone unless and until we are subpoenaed for it. Subpoenas are either issued by law enforcement or by plaintiffs who file the lawsuit. Unless we are subpoenaed, we don�t have to give away any information like IP or email of any anonymous poster. Immigration Voice will never make the IP address or any information available to anyone unless it is ordered by court. Immigration Voice will use all possible legal avenues to protect the privacy and anonymity of its members and online discussion participants.


    What if someone with deep pockets sues Immigration Voice with the objective of shutting us down, even though they know they don�t have a case, but want to sue us just to drag us into expensive court battle and make us bankrupt?There is nothing that protects Immigration Voice (or any such website with discussion boards and forums) from frivolous lawsuits. Anyone can sue anyone else, whether he or she lose or win is a different matter. Section 230 protects immigration voice from libel lawsuits resulting from anonymous participants posting messages that cause damages to organizations or individuals. They are even more counterproductive for the plaintiff if that state has ANTI-SLAAP laws.

    SLAAP means �Strategic lawsuit against active participation�. If someone sues us just to make us bankrupt and shut us down without caring for outcome of the case, then it�s a SLAAP lawsuit. The objective is such lawsuit is not to win but to drag the other party into expensive court battle and make them bankrupt. Some states have laws against SLAAP lawsuits called ANTI-SLAAP laws. They are different in every state. What those laws do in general is make the plaintiff of SLAAP lawsuit pay the defendant for the cost of litigation and defense if they lose. So if someone from state that has ANTI-SLAAP laws sues us, then the money we spend on litigation would have to be paid by plaintiffs if they lose. Therefore there is good chance of finding a pro-bono lawyer because if they win, they get paid from the other party. What this means is that it�s difficult to drive someone to bankruptcy with frivolous lawsuits if the state has good ANTI-SLAAP laws. California is one example. Therefore the chances of us getting sued by someone in CA are lesser than other states.

    Should any party sue Immigration Voice for libel based on posted messages on online forums, Immigration Voice will fight back to the fullest extent and will not remove posts or threads against those organizations.


    What should one do if they have been badly hurt due to incompetence or malfeasance on the part of employer or lawyers?Immigration Voice will neither encourage nor discourage members to post messages against their employers or lawyers or any other party. Members and participants are free to post whatever they want to post. If you lawyer�s actions have hurt you and if you think it�s due to malpractice then you can file a complaint against that lawyer in a state bar. If your employer�s action has hurt you and if you think his actions are illegal, then you can file a complaint against your employer at the department of labor (for wages issues) or other departments for other issues.





    ASR
    07-08 02:51 PM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.





    shruthii_1210@yahoo.com
    09-30 12:37 PM
    1) If the employer revokes i140 before 180 days then what happens ,, is there any way to continue 485 ?

    3) 1 1/2 yrs is the current H1-B status

    Thanks
    Karthik



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