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Wednesday, June 8, 2011

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  • Templarian
    08-25 09:35 PM
    How about a mario one?XD
    Or a luigi,kirby,sonic,butterfly and I think that is all
    Random stuff for smilie
    :mario: :kir: :luigi: already exist. No one so far has made sonic though.

    //edit, I need to make one more smilie before I make a sonic one.





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  • rampaadh@hotmail.com
    05-18 08:37 AM
    I have received my Green card & My wifes green card during March. But I did not receive my daughter's (2 yrs old) green card even though it was approved
    by Immigration on Feb 24th. I received welcome letter also during March.

    When I called the USCIS helpdesk number, they said it was mailed to my address on Feb 28th and it might have been lost and I need to apply for I-90 to get replacement card.
    There is no tracking number also. They also said my daughter can use valid AP to enter to USA.

    Today I made an appointment through INFO PASS and talked to Immigration officer. He also said the same thing and also added that a Bio-metrics should be taken along with I-90 for my kid.

    My daughter is currently in India and planning to come back on July4th. She has a valid advance parole till Jan 2012. But the officer told that she can not enter to USA with Advance parole since her GC was approved. He asked me to contact local US embassy to get some travel document so that she can travel.

    I am confused now. Did anyone faced such situation ?





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  • SGP
    03-25 03:02 PM
    Congratulations on your freedom.

    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.





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  • kubmilegaGC
    09-14 06:58 PM
    When you add things up = total 34 responses still waiting...this looks like a low number - anyone else care to vote - so that we try to figure this out on our own??



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  • raju_abc
    07-23 11:18 AM
    Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...

    Its Pittsburgh , PA





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  • manderson
    11-19 06:17 PM
    Don't worry about it. It's quite common. Infact I have a similar LUD.

    Your 797 (Reciept Notice) hard copy will indicate the actual and official Receipt Date. In your case it will probably be Aug 16 (if you FedEx'd overnight). Oct 14 is the Notice Date.



    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On October 14, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    I have a question. Mine was filed on Aug 15th but, the online status says that it was received on 10/14. Is this common or is this in error? Should I call CS?

    Thanks in advance.



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  • Prashanthi
    09-04 01:34 PM
    HI All,
    I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.

    So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I don't have any travel plans at least a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.

    The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.





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  • mbawa2574
    05-22 09:48 AM
    Doe anybody have any doubt who developed USCIS software?............ Loser's Guild.

    :D:D:D:D Funded by Numbers USA:D:D:D



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  • shirish
    09-15 11:43 AM
    It still says Aug 15th. I don't think they will release it yet.


    USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.





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  • ksrk
    06-15 07:17 PM
    So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.

    Does anyone has more info to better understand what these dates imply ?

    While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
    [The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]

    Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.

    Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
    The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.



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  • vactorboy29
    07-17 07:04 PM
    I think we need to send flowers with thank you note to IV core members and congress woman.Let us get vote and send flowers to those addresses.

    Thank you





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  • chanduv23
    07-11 05:08 PM
    We can use this text, but it is better to use AILA links or contact list we have in IV



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  • GCAmigo
    02-23 02:17 PM
    I dont think economy is THAT bad.

    It is in fact going through the worst ever phase!

    ~GCA





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  • bsbawa10
    05-10 09:08 AM
    since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!

    I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.

    Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.



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  • priti8888
    01-08 06:02 PM
    PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).

    You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.

    Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.





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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

    --------------------------------------------------------------------------

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.



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  • mariner5555
    02-08 09:05 AM
    my first EAD expires on aug 16 2008. should I file for new one 180 days before or is it 120 before expiry.
    is it better to efile for the above extension or by mail. I guess a lawyer is not needed for the above - am I right ? Thanks in advance !





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  • krishmunn
    03-04 12:24 PM
    I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

    I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

    *******
    655.715 Definitions.

    Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

    ***

    20 CFR 655.734 (a) (2)

    (2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

    (b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


    ****

    Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

    1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

    2) When one move to a different Metro (or out of commutable area), a new LCA is required.

    It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

    Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.





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  • anilsal
    12-19 10:19 PM
    What is "CPB defferred inspection site"?

    Details please....





    pragir
    06-09 12:14 PM
    I just spoke to an Immigration Officer about the status of my pending I-485 application using InfoPass, and all she said was "it is waiting for a visa number". She seemed to be very ignorant of general USCIS regs and laws, but she called somebody and this is the answer she came up with.

    My category is EB2-India with PD of Feb 2004 which is current for June. So, my question to all the gurus here is: WTF does this mean "waiting for a visa number"? i told her that my PD is current, so there is no need for waiting, but then she told me that my application was received on July 2nd 2007 and I need to wait. I tried explaining that 485 receipt date has no relation to PD, but it was a lost cause.

    Any comments from the wise on this board?





    ss1026
    12-06 11:21 AM
    hello all,

    i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents

    Thanks,
    Praveen

    Hi Praveen

    I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.

    My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case



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