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  • gauravster
    04-22 11:07 AM
    What I say should not be construed as any form of legal advice but based on what I know I list the following things.

    1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
    2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
    3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.

    Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.

    I hope this helps.

    Cheers,
    Gaurav

    Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?





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  • GC_Wait2002
    07-13 01:04 PM
    Please post your valuble suggestions and experiences if any one had come across a situation like this





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  • jsb
    01-28 02:03 PM
    per my OP, my physical receipt said my "RECEIPT date" is July 30th.
    but the ONLINE status said "it was RECEIVED on Sept 5th"\

    I was mainly concern about the wording on the online statis "received on..."

    how did you determine I was a NSC-CSC-NSC transfer case from that?
    I am a little confused here.

    thank you very much

    Systems were designed when as soon as mail was recieved, it was entered in the system. Therefore, for practical purposes, data entry date was the receive date. Many centers, when they claim, "we process cases in order we receive them...", or "our processing is within prescribed time schedule limits...", they treat this data entry date as the received date (as they think until it reached them for data entry, it is not their responsibility). When files are shuffled around, there may be a big difference in these dates, but no one has ever clarified that issue.





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  • rally
    07-12 11:35 AM
    Wasn't it Condi who said that this fiasco was a 'small inconvenience' to the applicants ?? A creative open letter ad highlighting the absurdity of this comment in a major paper would drive the message home, just like Alberto Gonzalez's classmates from Harvard did when they published an ad in the Washington post : http://websrvr80il.audiovideoweb.com/il80web20037/ThinkProgress/2007/Page%20A13%205-15-07.pdf


    I think this is a really good idea. Can we pursue this to completion?



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  • natrajs
    02-10 04:14 PM
    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?

    Thanks,
    gandalf

    Congrats and Best Wishes

    Your H1B extension request will be automatically denied and you don't have to worry about.

    its been a long wait, Congrats again





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  • pooja_34
    10-17 09:33 PM
    We never had to tell the IO to do anything. They knew what to do.

    But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.

    But we never had that problem to deal with.

    Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?

    pooja_34
    Junior Member

    Join Date: Dec 2006
    Posts: 14


    The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

    My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.



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  • hersheygaile
    09-09 06:23 PM
    HELP!!!i'm confuse!i entered here in the US as a tourist visa last year oct 2008.my 1-94 lapsed last april 30, 2009 but i'm still here in the US because i have a pending immigrant petition as a nurse and my lawyer said i could stay until 180 days which will end on oct 2009. I was filed as h1b for non profit organization last sept 1 as a dietitian on premium processing. My employer told me to just wait for my notice of receipt and approval in 15 days.My question is that it will be possible for the USCIS to approve me because technically i am now out of status but i do have until October to stay here because of my 180 days. I need some answers to clear up my mind.





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  • jungalee43
    02-17 08:36 PM
    Sent you a PM



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  • snathan
    04-25 11:26 AM
    yawn

    Keep yawning....





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  • no_more_anger
    12-21 07:10 PM
    I am confused by why the priority dates for EB2 is worse than EB3. Could someone explain?

    It's because of retrogression. Example....

    Case 1:
    John applied in EB3 in 2002, had his labor/140 cleared.
    John changed companies in 2005, now was eligible for EB2. Used older priority date.
    Now John has 2002 PD in EB2.

    Case 2:
    BEC labors coming through.

    Case 3:
    Non-RIR cases getting approved (note that non-RIR labor takes a long time, ~4-5 yrs)

    Whether to choose EB-2 or EB-3 is hard.

    Fresh blood coming on H1 will typically be EB3. But by the time their visa numbers
    become available, they might move to EB2. Or maybe they won't if EB2 worsens. Right
    now I think it's a fair game between the 2 categories (IMHO).

    If 140 premium starts again, then it might get crazy. Apply for new PERM (choose the least retrogressed category), apply for 140.....all in 5-6 months. Now port your PD from
    whatever earlier 140 you had.

    I don't think there is a rule that once you have a Labor/140 cleared from EB2, you can't
    apply for a fresh labor for EB3 :-)



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  • 4move
    10-19 10:25 PM
    One of my family member went through this, in a routine medical exam (this was not for immigration office) and he referred us to a infectious disease control specialist. After chest x-rays and several other tests the specialist mentioned that tb screening test can be positive some times for BCG vaccination or exposure to TB bacteria from a person who has active TB. This is not a disease (called latent tb), but there is 5% chance that it could develop into a active TB disease (in case the positive was because of exposure to TB bacteria. Initially, he prescribed Isoniazid (300mg), which has severe lever side effects, for 9 months with blood exam to monitor lever function. But, she could not tolerate this medicine even for 5days because of several other side effects (lever funtion test was normal though). Then he switched her to Rifamfin (600mg) for 4 months. There was not any noticeable side effects of this, and level function tests was after 2 weeks for the first time and once in two months after that. But one thing to note that TB screen test would be +ve rest of the life after this and you need to carry a certificate from this physican that you have completed this course of medicine and nothing needs to be done. Hope this helps.

    Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?

    As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".

    I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.

    Have others gone through such an experience? Am I a source of residual income for his office?

    Thanks in advance,
    V





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  • kukitron
    08-07 09:01 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron



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  • AjP
    May 27th, 2005, 11:11 AM
    I absolutely agree with everyone, background need to be more blurry and the guy in upper right corner need to disappear :), try to edit it in Photoshop, may be make background B&W and more blurry or completely replace it, definitely for this type of picture better use lenses with f/1.4-f/2.8 and fill shadows with flash





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  • waitin_toolong
    06-16 11:55 AM
    Unless you need to travel immediately, I551 stamp is not important. I am assuming she only declined to stamp the I-551 but the GC was approved.

    These days you get the card in 30-60 days from approval. sometimes even within the week so you dont need the stamp. The actual GC card is the I-551 document you need. The stamp let you travel without the card in the days it took around a year for the card to arrive.

    Congratulations and get the passport renewed, you would need the current passport for travel anyways.



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  • small2006
    08-08 01:39 PM
    :(
    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.





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  • morchu
    04-29 06:14 PM
    I agree, that for most of the cases "approved" is a safer approach.
    But there can be some specific situations.

    Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.

    Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.

    This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.

    ================================
    Here is the answer from USCIS:
    "Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A
    "
    =============================

    so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.



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  • gcgreen
    10-08 02:37 PM
    You do have to pay taxes on any dividends you earn. Your brokerage firm will send you an 1099 form at the end of the year detailing your income.

    If you do sell stocks and otherwise have capital gains or losses to report, you will typically file a Schedule-D form along with your 1040.

    To my knowledge, as long as you are a "passive" investor, there is no problem with investing. You cannot be an "active" investor when on H1-B, unless you have another H1-B that supports your "active" investment activities. Put simply, if you are buying stocks and holding on to them for a period of time before you sell, you are fine. But if you plan on becoming a day trader (very good time right now to make and lose money, with all this volatility) then you likely are an "active" investor.

    I am not a lawyer, and the above is my common sense understanding.


    One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...





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  • conchshell
    07-12 10:37 PM
    Please access http://www.immigration-law.com/Canada.html to read the details.

    The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.





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  • anilsal
    12-19 02:17 PM
    IV core has a lot of things on their plate IMO. Calling lawmakers should be just an initiative from the members.

    When the need comes, I am sure IV core will guide us with an aggressive calling plan.

    For now, we should concentrate on stregthening our state chapters as well as increasing membership while taking a look at contributions.

    But do call Sen.Cornyn's office regularly such that SKIL bill has a chance soon.





    InTheMoment
    06-25 07:40 PM
    Employer pays lawyer fees/USCIS fees for I-485/AP/EAD as well as medical, photos, mailing and other incidentals for me as well as spouse: Basically everything.





    rsirpal
    04-01 07:04 PM
    Me and my wife are on EAD and son is US citizen. Have travelled to India 3 times in last 2 years and POE was Newark, New Jersey airport everytime. Latest was March 15, 2009.
    Used Advance Parole to enter everytime.
    No problem ever. Only required to wait in another room till advance parole is stamped.
    this time however they asked questions like profession. how many years in comapny etc. ?



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