Wednesday, June 8, 2011

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  • gcformeornot
    08-30 01:21 PM
    he is a dummy. Just wasting our time.

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  • krishna_brc
    05-05 08:54 AM
    Yes, we don't need original I-485 receipt notice to travel.
    I traveled without original I-485.
    see below for USCIS note on this
    [Federal Register: November 1, 2007 (Volume 72, Number 211)]
    [Rules and Regulations]
    [Page 61791-61793]
    From the Federal Register Online via GPO Access []
    Rules and Regulations
    Federal Register
    __________________________________________________ ____________________
    This section of the FEDERAL REGISTER contains regulatory documents
    having general applicability and legal effect, most of which are keyed
    to and codified in the Code of Federal Regulations, which is published
    under 50 titles pursuant to 44 U.S.C. 1510.
    The Code of Federal Regulations is sold by the Superintendent of Documents.
    Prices of new books are listed in the first FEDERAL REGISTER issue of each
    U.S. Citizenship and Immigration Services
    8 CFR Part 245
    [CIS No. 2420-07; Docket No. USCIS-2007-0047]
    RIN 1615-AB62
    Removal of Receipt Requirement for Certain H and L Adjustment
    Applicants Returning From a Trip Outside the United States
    AGENCY: U.S. Citizenship and Immigration Services, DHS.
    ACTION: Final rule.
    SUMMARY: This rule removes the requirement that certain H and L
    nonimmigrants returning to the United States following a trip abroad
    must present a receipt notice for their adjustment of status
    applications to avoid having such applications deemed abandoned. The
    purpose of this narrow change is to remove an unnecessary documentation
    requirement from the regulations that the Department of Homeland
    Security has determined causes an undue burden on H and L
    DATES: Effective Date: This rule is effective November 1, 2007.
    FOR FURTHER INFORMATION CONTACT: Carol Vernon, Regulations and Product
    Management Division, Domestic Operations, U.S. Citizenship and
    Immigration Services, Department of Homeland Security, 20 Massachusetts
    Avenue, Room 2034, Washington, DC 20529, telephone (202) 272-8350.
    I. Background
    Travel outside the United States for an alien who has filed Form I-
    485, ``Application to Register Permanent Residence or Adjust Status,''
    to obtain lawful permanent resident status under section 245 of the
    Immigration and Nationality Act (INA), 8 U.S.C. 1255, may adversely
    affect that application unless the alien takes certain steps before the
    trip. Most applicants must obtain permission from U.S. Citizenship and
    Immigration Services (USCIS) to travel prior to the trip, a process
    referred to as ``advance parole.'' See 8 CFR 212.5 (c) and (f). For
    these applicants, departing the United States without advance parole
    while their adjustment of status applications are pending results in
    automatic abandonment of the applications and constitutes grounds for
    denial. 8 CFR 245.2(a)(4)(ii)(A) & (B).

    III. Rulemaking Requirements

    DHS finds that this rule relates to internal agency management,
    procedure, and practice and therefore is exempt from the public comment
    requirements of the Administrative Procedure Act (APA) under 5 U.S.C.
    553(b)(A). This rule does not alter substantive criteria by which USCIS
    will approve or deny applications or determine eligibility for any
    immigration benefit. Instead, this rule relieves a document
    presentation requirement for certain applicants for immigration
    benefits. Specifically, this rule removes the requirement that H-1/H-4
    and L-1/L-2 nonimmigrants present a Form I-797 receipt notice for their
    adjustment of status applications upon readmission to the United States
    after a trip abroad in order to avoid having their applications
    abandoned. This document presentation requirement is unnecessary since
    it concerns information that is already available to DHS. This final
    rule merely eliminates an unnecessary burden on these arriving aliens
    and streamlines agency management of its processes. As a result, DHS is
    not required to provide the public with an opportunity to submit
    comments on the subject matter of this rule.
    Moreover, DHS finds that good cause exists under 5 U.S.C. 553(b)(B)
    to make the rule effective upon publication in the Federal Register
    without prior notice and public comment on the grounds that delaying
    implementation of this rule to allow for public comment would be
    impracticable and contrary to the public interest. As a result of
    USCIS's July 17, 2007, announcement that it would accept employment-
    based Forms I-485 filed by aliens whose priority dates are current
    under Department of State Visa Bulletin No. 107, USCIS received an
    unprecedented volume of employment-based applications for adjustment of
    status, including those filed by H and L nonimmigrants. Because of the
    recent surge in such filings, it will take several weeks for USCIS to
    enter the necessary data and issue Form I-797 receipt notices for
    employment-based adjustment of status applications. Therefore, it is
    important for this rule to take effect as soon as possible to avoid
    undue hardship on applicants who may need travel outside the United
    States prior to receiving the receipt notice.
    In addition, no substantive rights or obligations of the affected
    public are changed by this rule. DHS believes the public will welcome
    this change. The public needs no time to conform its conduct so as to
    avoid violation of these regulations because the rule relieves a
    requirement of the existing regulations. Further, this rule will have
    no adverse impact on DHS' adjudicatory responsibilities or ability to
    track the foreign travel of affected persons since DHS already records
    the admission of all nonimigrants. For these reasons, this rule is
    effective immediately under 5 U.S.C. 553(d)(1) and (3).
    This rule relates to internal agency management, and, therefore, is
    exempt from the provisions of Executive Order Nos. 12630, 12988, 13045,
    13132, 13175, 13211, and 13272. This rule is not considered by DHS to
    be a ``significant regulatory action'' under Executive Order 12866,
    section 3(f), Regulatory Planning and Review. Therefore, it has not
    been reviewed by the Office of Management and Budget. Further, this
    action is not a proposed rule requiring an initial or final regulatory
    flexibility analysis under the Regulatory Flexibility Act, 5 U.S.C. 601
    et seq. In addition, this rule is not subject to the National
    Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., Title
    II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25,
    or the E-Government Act of 2002, 44 U.S.C. 3501, note.
    Finally, under the Paperwork Reduction Act of 1995, Public Law 104-
    13, all Departments are required to submit to the Office of Management
    and Budget (OMB), for review and approval, any reporting requirements
    inherent in a rule. This rule does not affect any information
    collections, reporting or recordkeeping requirements under the
    Paperwork Reduction Act.

    List of Subjects in 8 CFR Part 245

    Aliens, Immigration, Reporting and recordkeeping requirements.

    Accordingly, part 245 of chapter 1 of title 8 of the Code of Federal
    Regulations is amended as follows:


    1. The authority citation for part 245 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
    105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
    2681; 8 CFR part 2.

    2. Section 245.2 is amended by revising paragraph (a)(4)(ii)(C) as

    Sec. 245.2 Application.

    (a) * * *
    (4) * * *
    (ii) * * *
    (C) The travel outside of the United States by an applicant for
    adjustment of status who is not under exclusion, deportation, or
    removal proceeding and who is in lawful H-1 or L-1 status shall not be
    deemed an abandonment of the application if, upon returning to this
    country, the alien remains eligible for H or L status, is coming to
    resume employment with the same employer for whom he or she had
    previously been authorized to work as an H-1 or L-1 nonimmigrant, and,
    is in possession of a valid H or L visa (if required). The travel
    outside of the United States by an applicant for adjustment of status
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful H-4 or L-2 status shall not be deemed an abandonment of
    the application if the spouse or parent of such alien through whom the
    H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the
    alien remains otherwise eligible for H-4 or L-2 status, and, the alien
    is in possession of a valid H-4 or L-2 visa (if required). The travel
    outside of the United States by an applicant for adjustment of status,
    who is not under exclusion, deportation, or removal proceeding and who
    is in lawful K-3 or K-4 status shall not be deemed an abandonment of
    the application if, upon returning to this country, the alien is in
    possession of a valid K-3 or K-4 visa and remains eligible for K-3 or
    K-4 status.

    Dated: October 15, 2007.
    Michael Chertoff,
    [FR Doc. E7-21506 Filed 10-31-07; 8:45 am]

    BILLING CODE 4410-10-P

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  • shana04
    03-25 02:29 PM
    It seems to be only on economy? I couldn't find anything on immigration.
    serach for immigration

    This is a good question

    "Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
    VAMSI, CHICAGO - Budget

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  • bikram_das_in
    01-22 03:32 PM
    1) Only the company for you are working right now with L1 VISA can apply for your green card. You should be able to get green card in 2-3 years if everything goes fine.

    2) Your daughter can sponsor your green card when she is 21 years old. You cannot change job on L1. In order to change job, you have to find an employer who can sponsor H1B for you. H1b is another type of work visa.


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  • veda
    07-29 08:45 PM
    Every one is looking at this forums including usics people.

    It is clear that their hands are also tied, when processing millions of applications few mistakes not avoidable.

    Let us fight with positive...absolutely not with negative..that will make any one more negative.

    Thanks for understanding.

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  • singhsa3
    09-05 07:31 PM
    Come on people, we are less than 2 weeks away from our destiny.
    All you have to do is to rise from your daily chores, just for one day and help make this event successful.


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  • snathan
    05-12 07:05 PM
    My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

    Thanks can not.

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    05-31 09:41 AM
    Contributed More than 100$ recently
    Plus the ongoing contribution.

    As mentioned above, TRUST ... As you must be aware that IV is only non-profit organisation fighting for our rights. So please extended your helping hand .... !


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  • Rihanna Returns To Stage

  • adreg
    06-05 08:41 AM
    My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)

    I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..

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  • RNGC
    04-08 09:38 PM
    As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....

    see a detailed notes on INA 202 here...
    (search for gclong1)

    I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.

    Is 7% per country is fair ?
    Legal Immigrant Source Source:

    (More reports here...(

    Population Source:

    Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
    Total Population = 11,000,000 (11 Million)
    Total Population Percent = 0.17 %
    Legal Immigrants from Cuba to USA in 2006 = 45,614
    Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
    [(45614.0/11000000.0)*100.0 = 0.4146]

    Total Population = 1,131,264,000 (1.1 Billion)
    Total Population Percent = 17 %
    Legal Immigrants from India to USA in 2006= 61,369
    Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
    [(61369.0/1131264000)*100.0 = 0.0054]

    Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
    India has 0.0054 Legal Immigrants in US per 100 of their population

    What is the difference in percent ?
    (0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!

    India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
    (17.0/100.0) * 140000.0 = 23,800 EB visas ?
    (0.17/100.0) * 140000.0 = 238 EB visas ?

    Soon, USA will be Chindia!

    I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....

    My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.

    So, two issues need to dealt with for long term solution.
    1. 140k EB visas to be increased to 300k
    2. 7% per country needs to be changed (not sure what should be the criteria)


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  • amsgc
    05-29 08:13 PM
    The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
    Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
    Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.

    Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?

    Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.

    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.

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  • mrdelhiite
    07-24 03:55 PM
    Thanks for your replies.

    His company is paying for it. It is a F500 company. He was concerned that filing green card now might jeopardize his current full time position in case of too many replies and RFE's.



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  • veni001
    06-04 10:18 AM
    This is the text that i see on
    Are we missing some thing here, I see SKILL is part of this draft!!:confused:

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  • snathan
    05-29 10:28 PM
    Check with attorney , there is rule which states last action counts and that means as soon you H1 is approved your status changed to H1, if h1 transfer is denied means you are out of status

    try applying h1 transfer from another company with in 30 days and go for premium processing if it gets approved you status will be h1 but the approval will not have I94 and that will force you to go out of country and get stamped to return to USA.

    1. If you are still with university and the H1 is valid, you are not out of status.
    2. If you are out of university and if company A's H1 is valid, you can start work with company A.

    If you are out of university and company A's H1 is valid, but you are not getting job or salary - you are out of status

    If you are out of university and company A's H1 is not valid, you are out of stats.

    Please check with attorney asap.


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  • jnraajan
    03-27 01:14 PM
    Hey Dont Thank me. Thank IV, which is you and me and everyone else.

    Everyone, Please start contributing now. Let us work hard to get every line item from the Campaign accomplished.

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  • Rihanna- Only Girl (In The

  • GCard_Dream
    02-22 11:38 PM
    I wasn't aware of that. Thanks for the clarification.

    a large number of thsoe "extra" GC were schedule A recaptures and did not affect most applicants. so really it was by profession not by country.


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  • cram
    06-14 07:43 PM
    I have the same question. Help.... somebody. Thanks.

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  • geesee
    08-10 12:43 PM
    My check has a temp address of NJ - After that my address changed 3 times ... I didn't even mention that address in G325 because i stayed there for 30 days temporarily ....

    Am i screwed ? This thing is going beyond Limit now... They are NOT leaving any option other than settling to other countries like CANADA or Europe...

    Europe: never heard of this "country" :D

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  • sam_gada
    07-11 02:56 PM
    Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is

    09-12 09:48 PM

    06-06 09:19 AM
    Fellow IVians,

    Contributed $200 for the cause.

    Wish you all the best

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