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  • sundevil
    03-17 06:12 PM
    This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.


    I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I�m in my 6th year and just started my Labor process with the new company.

    My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.

    How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)




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  • psk79
    05-27 11:37 PM
    I also paper filed EAD on 05/13/2008, Cheques cashed very next day and also received receipt notice by mail on 05/16/2008. So far no FP notices. I also read somewhere in the forum saying no FP's when paper file.

    Thanks
    ram

    Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?

    Thanks,




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  • eb2dec2005
    09-26 11:49 AM
    How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!

    Why don't you search the forum for answers and if none is available then post a new thread...

    Sorry, did'nt mean to hijack any thread nor spam.I actually posted my issue on other thread and did not get an answer.Since this thread's discussion was also based on similar issues, i posted it here.




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  • gc28262
    07-16 07:30 AM
    Murthy Bulletin
    VOL. XVI, no. 29; Jul 2010, week 3
    Posted : 16.Jul.2010

    MurthyDotCom : MurthyBulletin (http://murthy.com/bulletin.html)

    Many MurthyDotCom and MurthyBulletin readers have inquired about whatever happened to those H1B workers who encountered problems at the Newark, New Jersey port of entry (POE) in January 2010. The incidents in Newark struck fear in the hearts of many H1B foreign nationals who needed or wanted to travel abroad or return to the United States from abroad. This is the success story of one such traveler, who was denied entry at the Newark POE, and was banned at the POE from returning to the United States for five years under an order of expedited removal. He came to the Murthy Law Firm for help after he had returned to his home country under the order of expedited removal. This client of our firm has generously allowed us to share his success story with MurthyDotCom and MurthyBulletin readers. Information about a client or a case is never reported to our readers without consent of the client.

    Background of Denial of Entry to the U.S. in January 2010

    The problems of this individual were similar to those described in our January 14, 2010 NewsFlash entitled, Note to H1Bs Traveling to the U.S. and Working for Consulting Companies. The airport at issue was Newark International Airport in New Jersey. The traveler was returning to the U.S. and, rather than the routine verification of documents and basic information, he was questioned in detail about his employment. The U.S. Customs and Border Protection (CBP) officers questioned him regarding the validity of his H1B employment, the identity of his employer's customers, and whether or not his employer had sufficient work for him. As explained below, the CBP was not satisfied with the information it gathered and, ultimately, exercised its authority to issue an expedited removal order against the foreign national, who became a client of the Murthy Law Firm after he was sent back to India.

    Travel Outside of the United States

    The foreign national had traveled outside of the United States and returned to his home country to get married. He carried with him a letter from his H1B employer, verifying that he would resume his H1B employment upon his return to the U.S. After his wedding celebration, his wife applied for an H-4 dependent visa through a U.S. consulate in the couple's home country. They presented the employer's letter to the consular office in support of the H-4 visa application. The consulate was satisfied with the evidence presented, and issued the H-4 visa. The gentleman who later became our client then attempted to return to the United States alone, with plans for his wife to follow soon after.

    CBP Checks on Returning H1B Workers

    When the individual attempted to reenter the United States, his experience at the POE was far from ordinary. The CBP officers placed him into what is known as secondary inspection. This is the procedure for foreign nationals who cannot be quickly and routinely processed through the standard primary inspection. The traveler was questioned about his employer, his work, and the end-client where he was performing his work. He was asked whether or not his employer had enough work to keep him employed throughout the duration of his H1B petition. One CBP officer contacted his employer, using the contact information on the employer's letter. The H1B employer was surprised by the call from CBP and did not firmly state that he had sufficient work to keep this particular H1B worker fully employed for the rest of the duration of the H1B petition.

    The CBP officer took this information and determined that the foreign national was not returning to resume valid nonimmigrant work on his H1B visa. The officer instead considered the foreign national to be an intending immigrant seeking admission to the United States without a proper immigrant visa. This is one of the grounds under the law that permits an expedited removal. The officer cancelled the individual's H1B visa stamp in his passport and entered an expedited removal order against him, which carries the penalty of a five-year bar to reentering the U.S. The gentleman was then ordered to depart the U.S. on the next flight back to his home country.

    Removed H1B Worker Contacts Murthy to Take Action

    The foreign national contacted Murthy Law Firm after this unfortunate incident, and requested our assistance. The case was assigned to our Special Projects department, and we quickly made contact with the CBP officers at the port of entry involved. Our attorneys analyzed the case and found several legal mistakes that were made in the process of cancelling the H1B visa as well as in issuing the expedited removal order. A detailed legal argument was drafted and sent to the lead CBP official for the POE.

    New H1B Petition Approval

    While the Murthy Law Firm team was working on this case, our client obtained a new job offer from his H1B employer's end-client. The job involved duties identical to his previous position, but as a direct employee of the prior end-client company. The new employer obtained an approval of its H1B petition for consular processing. The only thing standing between our client and a great job was the five-year ban on his return to the United States that was created by the expedited removal order. The attorney assigned to this case contacted a U.S. senator representing the state where the new employer is located and began a series of actions that led to a review of the expedited removal.

    Murthy Takes Action to Reverse Earlier CBP Decision

    The review and reconsideration of expedited removal orders is not explicitly provided for in the regulations that control the day-to-day operations of the CBP. The Murthy Law Firm team succeeded in showing that the events that transpired for our client were extremely unusual and required review by leaders at CBP. Due to the new employer's need for this individual's skills, the attorney contacted several officers at CBP, filed a second official request with CBP, and worked with the U.S. senator's office to show that there was a serious and urgent need for a decision.

    Determined Follow-up Leads to Relief

    The persistence of our excellent legal team paid off. After almost ten weeks of communications with the CBP and other government offices, the CBP issued a letter stating that, while there is no appeal of expedited removal orders under the law, CBP was exercising its discretion and overturning its prior expedited removal order. The letter was quickly forwarded to our client, who scheduled his H1B visa interview at the appropriate U.S. consulate in India. He was issued his H1B visa at the conclusion of his consular interview and he then made the arrangements necessary for his wife and himself to return to the United States so that he could commence his new H1B employment.

    Conclusion

    We at the Murthy Law Firm are proud to share another of our many successful stories with our readers. We would like to extend our deep appreciation for the hard work and cooperation of the CBP officers in reconsidering their prior decision and taking the bold step, even though there was no law or regulation for an appeal or reconsideration of an earlier CBP decision. We also send our thanks the U.S. senator's staff, who worked to resolve the incorrect expedited removal order, which would have resulted in the five-year bar to our client's ability to return to the United States. Finally, our gratitude is offered once again to our client for his permission, allowing us to share his story, thereby providing hope to others.



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  • paskal
    06-24 10:00 PM
    i think you mean I-864
    correct me if i'm wrong but we do not need to file this form, read the instructions on this link on who needs to file this form, an EB petitioner is not mentioned anywhere i can find:

    http://www.uscis.gov/files/form/I-864.pdf


    I-485 instructions are very clear on who needs the I-865 form.
    the documentary needs are very simple, in fact, the form is so damn simple i'm wondering why i'm paying sooooo much to my attorney.
    NO tax forms are needed per my reading, check for yourself.

    http://www.uscis.gov/files/form/i-485.pdf




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  • crazymish
    03-06 10:54 AM
    Then again I presume it would involve paying a fee of $80 for the biometrics too each time you apply online. Could be avoided if we go paper based.

    That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?



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  • mansi
    08-10 09:51 PM
    Dude,

    Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.


    Hello everybody,

    I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).

    How will this work for my wife (who is on H4 now)?
    If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.

    Or MUST my wife also be present in US to file the I140/485?


    Pls advice.

    thanks,
    -Prasad




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  • Fightwithfate
    03-14 02:48 PM
    Your employer should contact VSC immediately using the contact channels set up for premium processing cases (I believe they have dedicated email addresses and telephone numbers for premium processing).
    Thank you.
    I will ask my Employer to check with VSC.
    Please let me know if anyone faced this problem in the past



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  • Pegasus503
    11-28 08:55 AM
    Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.

    cygent I disagree with you.


    this journey for me started 5 years ago, at this stage I'll take whatever piece of information, trend or experience I can get to better understand the process.

    lets be honest, USCIS have been less than helpful in providing updates and many lawyers are as lost as we are

    so I'll take whatever extraneous stuff I can get, not just to understand my case, but to see the trends with other people too




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  • lazycis
    09-24 08:35 AM
    lazycis,
    Thanks.

    Was your answer regarding your case, or other case(s) that you may know about?

    Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?

    It was my case. I received a few responses like that (my I-485 has been pending for 3.5 years). I would not take it close to the heart. My case, however, has been approved before Feb 2008 memo implementing 180-days rule for FBI name check.



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  • fide_champ
    04-09 08:17 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

    QUESTION:

    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.

    Thanks

    Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.

    WHat happened to your first I140?

    You are techically in-status as your H1-B is still under processing.
    As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.




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  • swarnapuri
    01-22 06:16 PM
    Thank you all!



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  • augustus
    09-06 01:22 PM
    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska




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  • rpat1968
    07-15 08:13 PM
    After contacting USCIS through Ombudsman & Senaor John Cornyn office I finally got email from Uscis telling me that I am in EB3 and they mistakenly sent me EB2 approval. After this they sent me an amended EB3 approval. Also the immigration officer who worked on my case called me an explained me what exactly happened.
    He said that my attorney sent an letter with mi 140 approval saying that if they cannot approve me in EB2 they can consider me In EB3. Which is exactly what they did.but since the application had EB2 their contractor who generates the approval generated an EB2 approval. In Uscis system I was in EB3 and all alone I was thinking that I was in EB2. So i got royally screwed. The only now per immigration officer is for me to restart the gc process from labour stage and recapture the July 2004 pd. I got so sick of this I just stopped worrying about this and currently on Ead. Bought a house and will wait and see how things go. May reapply for labour ....



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  • mrajatish
    04-02 08:51 PM
    I am not part of the founder org. but I am just shocked at the venom you show in all your messages.

    Your goals so far has been
    1. Complain and rant about things.
    2. Discourage people for participating in IV.
    3. Trying to do a "divide-and-conquer" within IV.

    IV is for all legal EB based immigration - it is very clear in the mission statement what is its goal.

    Also, even if IV was as myopic as you claim, future generations of EB immigrants wll benefit simply by virtue of the fact that people currently in line will not fight with them for GC.

    I have been an IV member for a long time, from the days when IV was 50 people org. One of the goals of IV has been to avoid personally maligning people, so I will refrain from that, but if you want to take up this matter, send me a PM with your email address. My email address is mrajatish AT yahoo.com.

    Raj




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  • girishvar
    08-15 12:09 PM
    You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.



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  • NikNikon
    July 9th, 2004, 05:22 PM
    Alright, things are a bit clearer as far as what the numbers on my lens relate to. I was working well on my own in understanding the aperture's operation with the lower the f/number the more light let in and the opposite for the high. Where the light bulb went off over my head from what you explained is the minimum aperture settings in relation to the zoom. That would explain when I have my current lens opened up to 70mm why couldn't stop down to 3.5, I knew there had to be an answer. Thanks Steve, nobody clued me in on that piece of info. I think my next function I'm going to try and master is working with the camera's exposure lock, probably why the sky looks blown out in some of my pics. I'm still up in the air about 28-200mm, maybe I'll sell a kidney and get one that stops 2.8.



    OK...so your main interests for this lens are landscape, concert, and sports phototography. First off, when I say the lens is variable aperture from 3.5 to 5.6, that means at the low end f the zomm the aperture will be 3.5. At the long end (200mm) the aperture will be 5.6. The higher the number, the smaller the aperture. The smaller the aperture, the less light gets let in. When less light gets in two things happen, your shutter has to be open longer. and you get more DOF. This will effect your intended shooting situations. Concert photography requires large apertures (smaller f#s). So shooting with that lens in a concert setting will be difficult on the short end, and almost impossible the majority of the time on the long end. 5.6 will require a very slow shutter speed in that circumstance. Same for indoor sports. For landscapes and daylight work, you should not have a problem.....hope this helps a little.




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  • meet
    08-18 11:33 PM
    Thanks @
    vishwak and ashwaghoshk !!!




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  • sujitg
    11-28 02:38 PM
    Hi,
    I have seen that myself a couple of times. I had read somewhere on the USCIS site that the dates get updates also as a result of some backend process that they run on their side too, not necessarily when status change happens.

    Hope that helps

    Sujit
    PD april 30, 2002
    I-485 Jan 8, 2007

    Waiting....waiting...waiting...




    kris187
    07-24 03:36 PM
    What happens if i moved twice without informing of address change. Will it still be ok to do it now. I am on H1B with i140 approved. I think I have the address that they have on file.
    Thanks.




    probe
    08-08 08:58 AM
    Thanks gc_kaavaali for the information. Do we have a official document that one can produce and convince emplyer ?
    Thanks again



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