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  • gene77
    03-17 01:54 PM
    Category: EB3 India
    PD: Oct 2004
    140 Approved
    485 Applied July 07 and pending.





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  • kishdam
    02-20 03:28 PM
    Thats a slight good news (in the current bad news or no news era regarding legal immigration) - hopefully there are are enough EB1 spillover visas to move EB2 by a few months each quarter.





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  • TeddyKoochu
    03-12 08:34 AM
    OP thanks for posting the link. I believe for EB2-I in reality we have to wait for the last quarter for anything at all to happen. The next 2 bulletins will also in all probability have no movement. Congrats to all those who became current this month, best wishes and good luck.





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  • kumar1
    03-16 01:04 AM
    Once again, just like DESI said -- you do care about the comments otherwise you would not have posted your replies at 1 AM.

    I am not sure which school in India you are pointing to, but I have a 4 year degree from IIT Delhi, and I am in EB-3. Why?? No point telling you! My wife is also from IIT Delhi....on H4. Why? No point telling you!

    You are naieve!

    so if you have a 4-year degree you consider yourself "highly-skilled"??

    hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.

    console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....

    go get some real skills, do a REAL job, then we will talk.

    and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.

    Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......



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  • logiclife
    01-30 01:20 PM
    One more thing about desi companies.

    When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

    Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

    However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

    Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

    Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
    -------------------------------------------
    PS
    I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.





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  • grinch
    03-09 07:22 PM
    entries due tomorrow, and I don't know what I'm gona do with mine. I want to fix so much, but theres no time, I'll get my final render in tomorrow



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  • ramus
    07-02 06:07 PM
    Thank you... Every drop in the ocean counts.
    There are 1200 members online... Once you contribute please put link of this thread in our main thread..

    Thanks a lot.



    contributed 100 just now, my drop in the ocean, I will try to add more drops in coming days.





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  • qesehmk
    02-12 01:28 PM
    pbuckeye, , You are still more concerned about what immigration body shop has to say than the facts and numbers on the ground. I am confused :confused:

    This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.

    What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.

    Does this help? (Again this is my view... don't want to push it onto others)



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  • McGuffin
    02-23 02:17 PM
    Yeah, I need a set done date, I might not be able to get this one done.





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  • buehler
    06-13 11:13 AM
    I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.

    I thought that the video was quite funny. Now for some one to think that it is true is even more funny. :D



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  • prioritydate
    12-20 07:42 PM
    <If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).





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  • nc14
    10-19 11:03 AM
    Sent mine on Saturday.

    Keep this going folks we need to help ourselves.



    http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf

    11.
    Question: We have a number of date availability questions. They are:
    a.
    What is the demographic makeup of those in the current backlog? Can we get data on their nationality?
    Response: No, demographic data is not currently available and would require a special Information Technology Service Request (ITSR) be drafted and submitted to the Office of Information Technology www.uscis.gov
    (OIT). The administrative burden on USCIS to pursue an ITSR solution and add an additional workload on the O&M contractor cannot be justified given the level of effort involved.



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  • alex99
    04-11 10:26 AM
    bump...





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  • rajuram
    01-28 11:00 AM
    In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.

    For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.


    Rajuram
    You got couple of things wrong here. Passing a legislation is not a piece
    of cake. It would take sometimes years persistent effort. Contributing
    a few hundred or even a thousand dollars and expecting everything to be
    changed would be too ridiculous. Several tech lobbies are also lobbying
    hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.

    Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.

    If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D

    Now good luck on your GC



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  • div_bell_2003
    05-27 07:06 PM
    During our 485 filing the lawyers had informed us that making exact size color copies of any official documents (including DL) is illegal. They had asked me to increase/decrease the size by 20-25% which is perfectly legal.





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  • HV000
    03-19 01:26 PM
    My understanding is that at the time of approval, priority date of the petition must be in accordance with current visa bulletin for visa number availability.

    In short, in my opinion..the answer is NO

    Wouldn't they atleast get pre-adjudicated if NOT approved??



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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.





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  • amitps
    09-26 11:27 AM
    Eilene Zimmerman
    freelance journalist
    v and f: 619.582.2192
    ezimmerman@sbcglobal.net

    IV Leaders and Core are working on it...but feel free to call her / email her.





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  • msgrewal81
    02-19 03:08 PM
    :D No more arguing by me :D





    mbawa2574
    02-17 08:56 AM
    I am sorry if I offended anyone. I don't recall how.
    and by the way, my friend, you really really need a life :-) That's the last thing you'll hear from me on this subject.
    peace out

    Thanks again for supporting IV. Only point I was against was your support of racism of 40's. Anywaz I understand that you want to convey some other message but probably used the wrong link. Peace and Unity !!





    gc_chahiye
    09-24 01:57 PM
    Hi,
    Appreciate ur quick response.
    so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.

    actually your friend who does the translation will sign the form in front of the notary. Your friend is saying that this is a true translation, and the Notary is simply attesting that he saw your friend sign and this was indeed signed by your friend (ie. you did not make this up). The notary does not need to know Telugu, so cant certify that the translation is accurate. Notaries will typically only attest to the fact that the signature on the form is by the right person, they dont carea bout the contents of the form. to summarize:
    - friend translates and certifies the translation
    - notary puts a stamp on that saying this was indeed signed by your friend.

    of course if you find a notary who also does translations, then you could use that too.



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