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  • Blog Feeds
    07-09 12:30 PM
    AILA Leadership Has Just Posted the Following:

    While the 1986 Immigration Reform and Control Act (�IRCA�) prohibits employers from knowingly hiring or continuing to employ unauthorized workers, the Obama Administration�s decision to vigorously enforce employer sanction laws against employers, before providing a path to U.S. employers to legalize critical essential workers, is plain bad policy. �Immigration officers are investigating workplaces in every state in the US to check whether they are hiring illegal workers.� ICE launches workplace immigration crackdown (

    We are in the midst of the �Great Recession� and U.S. industry is struggling to remain competitive. President Barack Obama�s strategy puts U.S. employers and industry between a rock and a hard place. While the law requires U.S. employers to verify, through a specific process, the identity and work authorization eligibility of all individuals, whether U.S. citizens or otherwise, it is practically impossible to obtain legal status for employers who discover undocumented workers in their workforce � even if they have been employed for decades. Immigrant Visa Numbers Hopelessly Encased In Amber (

    The diligent employer questioning the veracity of employment eligibility documents can face discrimination charges and vigorous enforcement by the U.S. Department of Justice, if for example, they check only Latino workers, or subject certain classes or worker to extra scrutiny. The U.S. Department of Justice Office of Special Counsel enforces the antidiscrimination provisions that protect most work-authorized persons from intentional employment discrimination based upon citizenship or immigration status, national origin, and unfair documentary practices relating to the employment eligibility verification process. The law prohibits retaliation against individuals who file charges and who cooperate with an investigation. Office of Special Counsel for Immigration-Related Unfair ... (

    No one knows how many of the 6,000,000 U.S. employers, as well as household employers, are familiar with, and in full compliance with the complex U.S. immigration law. Many employers are surprised when told the law requires ALL employers to complete an Employment Verification Form I-9 for any new employee hired after November 6, 1986, or face huge civil fines, and possible jail sentences. The I-9 Employee Verification form must be completed within three days of hire for all hires including U.S. citizens.

    Vigorously enforcing this law without providing employers any way to keep essential workers puts employers struggling to make ends meet with the possibility of receiving huge fines, and even prison sentences if they "knowing continuing to hire five or more workers." Actual knowledge of the undocumented worker's status isn't always required, and "constructive knowledge" will suffice where the employer "should have known" of the worker's status. For example, if the employer tries to sponsor an undocumented worker for immigration benefits, the employer is presumed to know of the workers lack of immigration status. The Department of Homeland Security, through its enforcement division, Immigration and Customs Enforcements (ICE) has undertaken a massive new enforcement effort directed at employers large and small. More than 650 US businesses to have employee work files audited ( Los Angeles Times - ?Jul 1, 2009.?

    The focus on audit enforcement is clearly evidenced by the rising number of worksite audits, increased heavy civil penalties and likely continuing criminal prosecutions resulting from worksite violations. Immigration Focus Is on the Employers ( New York Times - ?Jul 1, 2009? �The Obama administration began investigations of hundreds of businesses on Wednesday as part of its strategy to focus immigration.�

    While employers need to be extremely cautious and take steps to ensure that their employee verification papers are in order, the government needs to fix the immigration mess BEFORE pursuing this new aggressive policy of conducting ICE AUDIT "RAIDS�. Employers should be given an opportunity to pursue a legal path for essential workers before the Immigration and Customs Enforcement officers come �knocking at the door.�,0,7434438.story (,0,7434438.story) Los Angeles Times: L.A. employers face immigration audits.

    Many employers are caught in a Catch-22 when it comes to employee verification. �If you�re in the roofing business, if you�re in the concrete business, you don�t have American-born workers showing up at your door ... you have Hispanic workers showing up at your door, and they have what looks to be a legitimate Social Security card ... under our current law, if they have a card that looks legitimate and you don�t hire them because you suspect they are illegal, then you are guilty of discrimination and could be investigated by the U.S. Equal Employment Opportunity Commission that�s the current system and it�s broken." Said Norman Adams, co-founder of Texans for Sensible Immigration Policy to the Houston Chronicle: Immigration crackdown goes after employers. (

    Vigorously enforcing these laws without providing an option to employers is plain bad policy and it could make our economic situation worse. My experience with the employer verification law is most employers are simply not familiar with all aspects of the complex immigration laws. Most employers don't know that if they question a legal worker�s documents, the U.S. Department of Justice (U.S.D.O.J.) may charge them with discrimination. The adverse impact on the economy and on the housing market could be serious. The substantial economic contribution of hard working immigrants is clear. Economic contributions of immigrants come in many forms in California. ( The California Immigrant Policy Center ( estimates that the state's immigrants pay $30 billion in federal taxes, $5.2 billion in state income taxes, ( and $4.6 billion in sales taxes ( each year. The Selig Center for Economic Growth ( calculates that the purchasing power of Latino and Asian consumers in California ( totaled $412 billion in 2008 � nearly one-third of the state's total purchasing power. The U.S. Census Bureau ( found that California ( businesses owned by Latinos and Asians constituted more than one-quarter of all businesses in the state as of 2002, employing 1.2 million people and generating sales and receipts of $183 billion. Where would our economy be without these immigrants? ( Sacramento Bee: Immigrants are not a fiscal drain.

    Comprehensive immigration reform requires a path to legal status for the undocumented and an orderly system for future worker flows to allow U.S. industry to innovate and compete globally. It will require a complete overhaul of the government agencies that now mismanage a slew of immigration programs that could and should be the rejuvenating lifeblood of our nation. ( New York Times: Opening a Door to Young Immigrants.

    The American Immigration Lawyers Association (AILA) understands the issues from a deep perspective, not merely from an emotional view. We believe that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers to enable employers to legalize critically needed workers in agriculture, construction, and to provide future flows in certain areas including scientific fields, where as many as two thirds of our advanced degreed graduates are international students. We must also provide due process protections and restore the rule of law in immigration adjudications, and in our immigration courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (

    More... (

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  • synergy
    12-03 10:10 PM
    If I am going to get a new H1B ,do I still need to invoke AC21?

    I am also in same boat, I was gathering information on the same and found different solutions.

    1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
    2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
    3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
    4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.

    please advice on the same, good questions synergy.

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  • pnjbindia
    10-08 03:07 PM
    I don't think your comment on adding a spouse is accurate. If the GC is approved prior to your marriage and if your spouse is here, you are NOT golden. As to apply in the family based category, the family based PD in that category (I believe it is 2A) should be current. And that is backed up as well..

    If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).

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  • pushkarw
    12-21 02:19 PM

    All - Please contribute.

    Please think:

    A. WHY will ACLU assist us? Only because Ms. Singh is there?

    B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.

    C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...


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  • dreamworld
    09-12 03:46 PM
    Any advise about Unpaid vacation period in usa for h1b's and staying in usa.

    What is the legal vacation period in usa for h1b's? And how long it could be!!!
    few weeks or few months???


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  • kshitijnt
    07-03 03:27 AM
    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.

    Since you have already joined company B, you should reenter, showing company Bs receipt notice, offer later, paystubs and company As approval notice along with I94 and passport.


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  • Queen Josephine
    July 15th, 2004, 01:35 PM
    These are great shots. Between you and Janet, you could produce a nice book (if either of you hasn't already).

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  • nixstor
    11-14 02:22 PM
    Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.

    What does this mean? Kiss my LC good bye? Please explian

    Did your lawyer tell you why it got rejected? If not,ask him for more info.


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  • JunRN
    08-21 11:38 AM
    Once they're through with July 2 or 3 filers, July 17th filers onwards will be next because there are just a handful who filed on July 4 to July 16. This news makes sense to me.

    It seems Texas is moving fast now and so is Nebraska. We can see a big leap in the Receipting Up-date this coming Friday. Whew...mine is 2 receipting up-date away and got no privilege to see if checks got encashed because atty. paid the fees.

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  • latejunefiler
    07-12 09:50 AM

    Hi Can I send you the latest template based on several suggestion, that you could load it on you website?


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  • r_mistry
    01-18 11:44 AM
    How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???

    I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.

    Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?

    Many thanks for your input on this.

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  • tonyHK12
    12-03 05:24 PM
    A more aggressive statement (for selling) not too far from the truth...

    There are 400-500,000 waiting in EB queues. Most of them would prefer to leave the country, than wait for 10-20 (30?) years for a green card.
    Also at least 65,000 workers come in every year. We will also lose most of this every year unless GC is fixed.

    (I am not talking about those who want to stay for 2-4 years only and go back)


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  • garybanz
    02-13 01:33 PM
    "US govt to scrap all employment based green card applications"
    Sounds like a cruel joke today but this could be a reality tomorrow...

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  • gchopefull
    10-02 04:04 PM
    what do u mean by
    "There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon)".
    does this means that if company files for appeal the 485/ead will be denied and revoked?
    or if company files for mtr the 485/ead will be denied and revoked respectively?


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  • interested
    01-18 01:34 PM
    Humanitarian Parole was specially created for cases like this. You can apply at the US Embassy. Your wife can apply for Humanitarian parole at the same time and it must be decided by the staff at the Embassy. Of course, you can also apply in the US if at the Embassy doesn't work but I hope that you don't have to do this. Contact the office of the Ombudsman at USCIS in your city. They can help.

    Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
    My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
    My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
    I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
    I would really appreciate any help

    (This is what I found on the internet)
    FEB. 28 2008

    5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
    beneficiary spouse of an I-730 Asylee Relative petition if she gets
    pregnant and has a child (from the petitioner, of course) after the
    petitioner was granted asylum �therefore this new child is not considered
    a derivative- but before she completes the Visa 92 process at the US
    Embassy. Does the US Embassy have the authority to parole the
    newborn child for him to join the rest of the family in the US?

    Answer: If the child was in utero at the time of the asylum grant the
    regulations provide benefit to that child as a derivative under 208.21(b). If
    the child was not in utero and the relationship with the child was after the
    asylum grant, then a I-730 petition can not be filed on behalf of this child.
    The U.S. Embassy does have the authority to grant a humanitarian parole
    and that would need to be addressed with the U.S. Embassy.

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  • Canadianindian
    07-08 10:02 PM
    This video has either been removed or has a malformed URL

    Check again


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  • Uncertain
    04-15 02:34 PM
    I am in.
    What do I need to do apart from contributions and convincing other friends to vote on the above thread?

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  • eb3_nepa
    10-25 04:11 PM
    EAD card approvals in the case of primary + spouse are TOTALLY INDEPENDANT of each other. So just coz your ead is approved does NOT mean ur wife's will be approved as well. Your wifes may get approved at the same time or even a few weeks later.

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  • hypersphere
    05-21 09:07 AM
    Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
    While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
    I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.

    03-13 12:20 PM
    Congratulations and Best Wishes to you and your family.

    06-01 06:46 PM
    You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.

    If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??

    MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.

    Thx for ur help

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